PoliticalCareer for Indian Youth-FAQ4-Model Code of Conduct

Political Career for Indian Youth -General Elections-Model Code of Conduct-FAQ4

Can a vehicle be used for electioneering purposes without getting permit from the District Election Officer/Returning Officer?

Ans. No. Such vehicle shall be deemed to be unauthorized for campaigning by the candidate and may attract penal provisions of Chapter IX A of the Indian Penal Code and shall therefore be immediately out of the campaigning exercise and shall not be used for further campaign.

Whether there is any restriction on use of educational institutions including their grounds (whether Govt. aided, Private or Govt.) for political campaigns and rallies?

Ans. Use of educational institutions including their grounds (whether Govt. aided, Private or Govt.) for political campaigns and rallies is not allowed.

Is external fitting/modification allowed in the vehicles used for campaigning?

Ans. External modification of vehicles including fitting of loudspeaker thereon, would be subject to the provisions of the Motor Vehicles Act/Rules as well as other Local Act/Rules. Vehicles with modifications and special campaign vehicles like Video Rath etc. can be used only after obtaining the requisite permission from the competent authorities under the Motor Vehicles Act.

Is there any restriction or use of rest houses, dak bungalows or other Govt. accommodation for campaign office or for holding any public meeting for the purpose of election propaganda?

Ans. Yes. Rest houses, dak bungalows or other Govt. accommodation shall not be monopolized by the party in power or its candidates and such accommodation shall be allowed to use by other parties and candidates but no party or candidate shall be allowed to use as campaign office.

Further, it shall be ensured that –

(i) no functionary can use the Circuit House, Dak bungalow to set up campaign office as the Circuit Houses/Dak bungalows are only for temporary stay (boarding and lodging) during transit of such functionaries,

(ii) even casual meeting by Members of political parties inside the premises of the Government owned guesthouse etc. are not permitted and any violation of this shall be deemed to be a violation of the Model Code of Conduct,

(iii) only the vehicle carrying the person allotted accommodation in the guest house and not more than two other vehicles, if used by the person, will be permitted inside the compound of the Guest House,

(iv) rooms should not be made available for more than 48 hours to any single individual, and

(v) 48 hours before the close of poll in any particular area, there will be freeze on such allocations till completion of poll or re-poll.

Are there any conditions for getting Govt aircraft/helicopters (including Public Sector Undertakings) by political parties/candidates?

Ans. Yes. While allowing the chartering of Govt. aircrafts/helicopters to political parties/candidates or private companies etc., the following conditions should be followed:-

(i) There should be no discrimination between the ruling party on the one hand and the other parties and contesting candidates on the other.

(ii) The payment will be made by the political parties or the contesting candidates and proper record maintained.

(iii) The rates and terms and conditions should be uniform forall.

(iv) The actual allotment should be made on the first-come first-served basis. For this purpose, the date and time of receipt of the application should be noted down by the authorized receiving authority.

(v)In the rare case when both the date and time of two or more applicants is the same, the allotment will be decided by draw of lots.

(vi)No individual, firm, party or candidate will be allowed to charter the aircraft/helicopter for more than three days at a time.

Is there any restriction on displaying poster, placard, banner, flag etc of the party concerned or the candidate on a public property?

Ans.Candidate may display poster, placard, banner, flag etc of the party concerned or the candidate on a public property subject to provisions of local law and prohibitory orders in force. For details, refer Commission’s instructions No.3/7/2008/JS-II,dated 7.10.2008.

If local law/bye-laws permit wall writings and pasting of posters, putting up hoardings, banners etc. on private premises/properties, is it necessary to obtain prior written permission from the owner of the premises/properties?

Ans. Yes. Candidate is required to obtain prior written permission from the owner of the properties/premises and photocopy(ies) of such permission should be submitted within 3 days to the Returning Officer or an officer designated by him for the purpose.

Is there any restriction on displaying/carrying poster/ placard/ banner/flag of the party concerned or of the candidate on the vehicle during the procession?

Ans. Candidate may display /carry one poster/placard/banner/flag of Candidate’s party/or his own on vehicle during the procession subject to conformity with the provisions of Motor Vehicle Act and any other local laws/bye-laws.

Whether there is any ban on use of plastic sheets for making use of posters/banners during the election campaign?

Ans. The political parties and candidates should try to avoid the use of plastic/polythene for preparation of posters, banners etc. in the interest of environmental protection.

Is there any restriction on the printing of pamphlets, posters etc?

Ans. Yes. Candidate shall not print or publish, or cause to be printed or published any election pamphlet or poster which does not bear on its face names and addresses of the printer and the publisher thereof. (Refer : Section 127A of Representation of 1951)