Political Career for Indian Youth-General Elections-Model Code of Conduct-FAQ5

Political Career for Indian Youth-General Elections-Model Code of Conduct-FAQ5

Whether the Government can proceed and act upon the following indicative illustrative list of items, which is not exhaustive, without obtaining clearance/approval from the Election Commission?

(i) Extension of term of an official for further period except officials related to conduct of elections,

(ii) Enhancement of minimum penalty in case of ticket less travel,

(iii) Sanctioning of grants to consumer co-ordination council from consumer welfare fund to organize a conference on world consumer rights day,

(iv) Issuing advertisement regarding pulse polio immunization programme,

(v) Seeking financial assistance from National Calamity Contingency Fund for drought relief measure-deputing of Inter-Ministerial team of officers to visit concerned State,

(vi) Request of the State Govt. for transportation of water and fodder by Rail in areas declared drought affected,

(vii) Promotion of officials by convening DPC and filling regular posts falling due to retirement, deputation, etc.,

(viii) Appointment of persons on compassionate grounds in pursuance of Court’s orders,

(ix) Celebration of “May-Day”,

(x) Providing additional charge of office of one officer to another one,

(xi) To call and finalize tenders of routine, repair maintenance, strengthening and up gradation public utilities being run by the local authorities,

(xii) Replacement/repair or damaged water supply distribution pipes,

(xiii) To issue work order of construction of public facilities and public toilets on BOT basis in pursuance of Court’s directions,

(xiv) To conduct the election of college students union,

(xv) Clearance of unauthorized structure/land as per orders of Court,

(xvi) Release of advertisement for activities relating to control of HIV/AIDS,

(xvii) Release of advertisement to create awareness about important provisions of labour laws,

(xviii) Purchase of uniform clothes and equipments for Police and awarding of Tender thereof,

(xix) Commencement of desalting of drain/cattle ponds

(xx) Grant of financial up gradation under assured career progression scheme to employees,

(xxi) Calling of tenders for work to control mosquitoes

(xxii) Transfer/posting of doctors,

(xxiii) To shift criminals from one jail to other jail in pursuance of Court’s Orders,

(xxiv) To form Committee for stock of chemical fertilizer for Kharif and Rabi crops,

(xxv) To purchase medicine and equipments for hospitals for which grants have already been sanctioned and tenders for which were already called for.

(xxvi) Recruitment rally to enroll youth into the Army,

Ans. Yes. Provided that no impression is given or created that the same has been done with a view to influencing the electorate in favour of ruling party. Further, in the case of advertisements, photo of Minister/political functionary should not be contained therein.

Whether the Government can proceed and act upon the following indicative illustrative list of items, which is not exhaustive, without obtaining clearance from the Commission?

(i) Issuing sanction orders to out of turn PCO/Telephone connections and to nominate members to various Telephone Advisory Committees which were ordered by the minister before the elections.

(ii) Issue of appointment order to a person as a part time non-official Director on the board of PSU after Cabinet’s approval.

(iii) Fixing of tariff for Major Port Trusts by Tariff Authority for major ports.

(iv)Sanctioning of grants From Consumer Welfare fund to eligible voluntary consumer organizations as per guidelines.

(v) Implementation of SEZ rules and regulations

(vi)Publication of a booklet titled “Year of Achievement of the Department” highlighting the salient achievement of the Department,

(vii) Anganwadi Karyakartri Bima Yojana, an insurance scheme under the LIC’s social security group scheme for anganwadi workers and helpers,

(viii) Appointment of Central Govt. nominees to the General Council as well as Executive Committee of National Council for Teachers Education,

(ix) Recruitment drive only for wards of serving/retired service personnel as a welfare measures for troops.

(x) Issue of advertisements in newspapers and video & audio spots on generic advertisement of processed food,

(xi) Issue of Notification for setting up a new Promotion Council for pharmaceutical sector,

(xii) Appointment of a person as a Sr. Consultant from a Private Company as Head of the internal system group to review the ongoing projects

Ans. No. The processing of aforesaid items may be deferred till the completion of elections.

Whether State Govt. can seek clarification/ clearance/approval in respect of any proposal directly from the Election Commission?

Ans. No. Any proposal from State Govt. for seeking clarification/clearance/approval from the Election Commission should only be routed through Chief Electoral Officer, who will make his recommendation or otherwise in the matter.

What are the main guidelines for political parties/candidates while making election campaign?

Ans. During the election campaign, no party or candidate shall indulge in any activity which may aggravate existing differences or create mutual hatred or cause tension between different castes and communities, religious or linguistic. Further, criticism of other political parties, when made, shall be confined to their policies and programme, past record and work. Parties and candidates shall refrain from criticism of all aspects of private life, not connected with the public activities of the leaders or workers of other parties. Criticism of other parties or their workers based on unverified allegations or distortion shall be avoided.

Are their any restrictions in using religious places for election propaganda?

Ans. Yes. 

Religious places like Temple, Mosque, Church, Gurudwara or other places of worship shall not be used as forum for election propaganda. Further, there shall be no appeal to caste or communal feelings for securing votes.

Can a candidate go to the office of Returning Officer for filing a nomination with a procession?

Ans. No. maximum number of vehicles that will be allowed to come within the periphery of 100 mtrs. of Returning Officer’s office has been restricted to 3 and maximum number of persons that will be allowed to enter the office of Returning Officer has been limited to 5 (including the candidate).

Many persons are allowed at the time of scrutiny of nominations by the Returning Officer?

Ans. The candidate, his election agent, one Proposer and one other person (who can be an advocate) duly authorized in writing by the candidate, but no other person, may attend at the time fixed for scrutiny of nominations by Returning Officer. (Refer: Sec. 36 (1) of Representation of People Act, 1951)

Are there any guidelines regarding use of vehicles by ministers/political functionaries/candidates, who have been provided security cover by the State?

Ans. Yes. In respect of persons covered by security, the use of State owned one bullet proof vehicle for the particular person (PP) will be permitted in all cases where the security agencies, including the intelligence authorities, have prescribed such use.

The use of multiple cars in the name of stand-by should not be permitted unless so specifically prescribed by security authorities. The cost of propulsion of such bullet proof vehicles where such use of bullet proof vehicles is specified will be borne by the particular person. The number of vehicles to accompany the carcade including pilots, escorts etc. will be strictly in accordance with the instructions laid down by the security authorities and shall not exceed them under any circumstances. The cost of propulsion of all such vehicles, whether owned by Government or hired vehicles, will be met by the State Government. The restrictions do not apply to the Prime Minister whose security requirements are governed by the Government’s Blue Book.

Whether there is any restriction for plying of vehicles for electioneering purposes?

Ans. Candidate can ply any number of vehicles (all mechanized/motorized vehicles including two- wheelers) for the purpose of election campaign but he has to seek prior approval of the Returning Officer for plying such vehicles and must display permit issued by Returning Officer in original (not photocopy) prominently on the windscreen of the Vehicle. The permit must bear the number of the vehicle and name of the candidate in whose favour it is issued.

Whether a vehicle for which permission has been taken for election campaign in the name of a candidate, can be used for election campaign by another candidate?

Ans. No. 

Use of such vehicle for election campaign by another candidate shall invite action under section 171H of Indian Penal Code.