ELECTION CMMISSION OF INDIA
MODEL CODE OF CONDUCT FOR THE
GUIDANCE OF POLITICAL PARTIES AND
CANDIDATES
1. General Conduct
(1) No party or candidate shall include in any activity which may aggravate
existing differences or create mutual hatred or cause tension between different
castes and communities, religious or linguistic.
(2) 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.
(3) There shall be no appeal to caste or communal feelings for securing votes.
Mosques, Churches, Temples or other places of worship shall not be used as
forum for election propaganda.
(4) All parties and candidates shall avoid scrupulously all activities which are
“corrupt practices” and offences under the election law, such as bribing of voters,
intimidation of voters, impersonation of voters, canvassing within 100 meters of
polling stations, holding public meetings during the period of 48 hours ending
with the hour fixed for the close of the poll, and the transport and conveyance of
voters to and from polling station.
(5)The right of every individual for peaceful and undisturbed home-life shall be
respected, however much the political parties or candidates may resent his political
opinions or activities. Organising demonstrations or picketing before the houses of
individuals by way of protesting against their opinions or activities shall not be
resorted to under any circumstances.
(6) No political party or candidate shall permit its or his followers to make use of
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any individual’s land, building, compound wall etc., without his permission for
erecting flag-staffs, suspending banners, pasting notices, writing slogans etc.
(7) Political parties and candidates shall ensure that their supporters do not create
obstructions in or break up meetings and processions organised by other parties.
Workers or sympathisers of one political party shall not create disturbances at
public meetings organised by another political party by putting questions orally or
in writing or by distributing leaflets of their own party. Processions shall not be
taken out by one party along places at which meetings are held by another party.
Posters issued by one party shall not be removed by workers of another party.
II. Meetings
(1) The party or candidate shall inform the local police authorities of the
venue and time any proposed meeting Well in time so as to enable the police to
make necessary arragements for controlling traffic and maintaining peace and
order.
(2) A Party or candidate shall ascertain in advance if there is any restrictive or
prohibitory order in force in the place proposed for the meeting if such orders
exist, they shall be followed strictly. If any exemption is required from such
orders, it shall be applied for and obtained well in time.
(3) If permission or license is to be obtained for the use of loudspeakers or any
other facility in connection with any proposed meeting, the party or candidate
shall apply to the authority concerned well in advance and obtain such permission
or license.
(4) Organisers of a meeting shall invariably seek the assistance of the police on
duty for dealing with persons disturbing a meeting or otherwise attempting to
create disorder. Organisers themselves shall not take action against such persons.
III Procession
(1) A Party or candidate organizing a procession shall decide before hand the time
and place of the starting of the procession, the route to be followed and the time
and place at which the procession will terminate. There shall ordinary be on
deviation from the programme.
(2) The organisers shall give advance intimation to the local police authorities of
the programme so as to enable the letter to make necessary arrangement.
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(3) The organisers shall ascertain if any restrictive orders are in force in the
localities through which the procession has to pass, and shall comply with the
restrictions unless exempted specially by the competent authority. Any traffic
regulations or restrictions shall also be carefully adhered to.
(4) The organisers shall take steps in advance to arrange for passage of the
procession so that there is no block or hindrance to traffic. If the procession is very
long, it shall be organised in segments of suitable lengths, so that at convenient
intervals, especially at points where the procession has to pass road junctions, the
passage of held up traffic could be allowed by stages thus avoiding heavy traffic
congestion.
(5) Processions shall be so regulated as to keep as much to the right of the road as
possible and the direction and advice of the police on duty shall be strictly
complied with.
(6) If two or more political parties or candidates propose to take processions over
the same route or parts thereof at about the same time, the organisers shall
establish contact well in advance and decide upon the measures to be taken to see
that the processions do not clash or cause hindrance to traffic. The assistance of
the local police shall be availed of for arriving at a satisfactory arrangement. For
this purpose the parties shall contact the police at the earliest opportunity.
(7) The political parties or candidates shall exercise control to the maximum extent
possible in the matter of processionists carrying articles which may be put to
misuse by undesirable elements especially in moments of excitement.
(8) The carrying of effigies purporting to represent member of other political
parties or their leaders, burning such effigies in public and such other forms
demonstration shall not be countenanced by any political party or candidate.
IV. Polling Day
All Political parties and candidates shall –
(i) co-operate with the officers on election duty to ensure peaceful and orderly
polling and complete freedom to the voters to exercise their franchise without
being subjected to any annoyance or obstruction.
(ii) supply to their authorized workers suitable badges or identity cards.
(iii) agree that the identity slip supplied by them to voters hall be on plain (white)
paper and shall not contain any symbol, name of the candidate or the name of the
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party;
(iv) refrain from serving or distributing liquor on polling day and during the
fourty eight hours preceding it
(v) not allow unnecessary crowd to be collected near the camps set up by the
political parties and candidates near the polling booths so as to avoid
Confrontation and tension among workers and sympathizers of the parties and the
candidate.
(vi) ensure that the candidate’s camps shall be simple .The shall not
display any posters, flags, symbols or any other propaganda material. No eatable
shall be served or crowd allowed at the camps and
(vii) co-operate with the authorities in complying with the restrictions to be
imposed on the plying of vehicles on the polling day and obtain permits for them
which should be displayed prominently on those vehicles.
V. Polling Booth
Excepting the voters, no one without a valid pass from the Election
Commission shall enter the polling booths.
VI. Observers
The Election Commission is appointing Observers. If the candidates or
their agents have any specific complaint or problem regarding the conduct of
elections they may bring the same to the notice of the Observer.
VII. Party in Power
The party in power whether at the Centre or in the State or States
concerned, shall ensure that no cause is given for any complaint that it has used its
official position for the purposes of its election campaign and in particular –
(i) (a) The Ministers shall not combine their official visit with electioneering work
and shall not also make use of official machinery or personnel during the
electioneering work.
(b) Government transport including official air-crafts, vehicles, machinery and
personnel shall not be used for furtherance of the interest of the party in power;
(ii) Public places such as maidans etc., for holding election meetings, and use of
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helipads for air-flights in connection with elections shall not be monopolized by
itself. Other parties and candidates shall be allowed the use of such places and
facilities on the same terms and conditions on which they are used by the party in
power;
(iii) Rest houses, dark bungalows or other Government accommodation shall not
be monopolized by the party in power or its candidates and such accommodation
shall be allowed to be used by other parties and candidates in a fair manner but no
party or candidate shall use or be allowed to use such accommodation (including
premises appertaining thereto) as a campaign office or for holding any public
meeting for the purposes of election propaganda;
(iv) Issue of advertisement at the cost of public exchequer in the newspapers and
other media and the misuse of official mass media during the election period for
partisan coverage of political news and publicity regarding achievements with a
view to furthering the prospects of the party in power shall be scrupulously
avoided.
(v) Ministers and other authorities shall not sanction grants/payments out of
discretionary funds from the time elections are announced by the Commission;
and
(vi) From the time elections are announced by Commission, Ministers and other
authorities shall not –
(a) announce any financial grants in any form or promises thereof; or
(b) (except civil servants) lay foundation stones etc. of projects or schemes of any
kind; or
(c) make any promise of construction of roads, provision of drinking water
facilities etc.; or
(d) make any ad-hoc appointments in Government, Public Undertakings
etc. which may have the effect of influencing the voters in favour of the
party in power.
Note : The Commission shall announce the date of any election which shall be a
date ordinarily not more than three weeks prior to the date on which the
notification is likely to be issued in respect of such elections.
(vii) Ministers of Central or State Government shall not enter any polling station
or place of counting except in their capacity as a candidate or voter or authorised
agent.
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FREQUENTLY ASKED QUESTIONS (FAQs)
MODEL CODE OF CONDUCT
Q. What is the Model Code of Conduct?
Ans.
1.
The Model Code of Conduct for guidance of political parties and
candidates is a set of norms which has been evolved with the
consensus of political parties who have consented to abide by
the principles embodied in the said code and also binds them to
respect and observe it in its letter and spirit.
Q. What is the role of Election Commission in the matter?
Ans.
2.
The Election Commission ensures its observance by political
party(ies) in power, including ruling parties at the Centre and in
the States and contesting candidates in the discharge of its
constitutional duties for conducting the free, fair and peaceful
elections to the Parliament and the State Legislatures under
Article 324 of the Constitution of India. It is also ensured that
official machinery for the electoral purposes is not misused.
Further, it is also ensured that electoral offences, malpractices
and corrupt practices such as impersonation, bribing and
inducement of voters, threat and intimidation to the voters are
prevented by all means. In case of violation, appropriate
measures are taken.
Q. From which date the Model Code of Conduct is enforced and
operational upto which date?
Ans.
3.
The Model Code of Conduct is enforced from the date of
announcement of election schedule by the Election Commission
and is operational till the process of elections are completed.
Q. What is applicability of code during general elections and
bye-elections?
Ans.
4.
a. During general elections to House of People (Lok
Sabha), the code is applicable throughout the
country.
b. During general elections to the Legislative
Assembly (Vidhan Sabha), the code is applicable in
the entire State.
c. During bye-elections, the code is applicable in the
entire district or districts in which the constituency
falls.
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Q. What are the salient features of the Model Code of Conduct?
Ans.
5.
The salient features of the Model Code of Conduct lay down how
political parties, contesting candidates and party(s) in power
should conduct themselves during the process of elections i.e. on
their general conduct during electioneering, holding meetings and
processions, poll day activities and functioning of the party in
power etc.
ON OFFICIAL MACHINERY
Q. Whether a Minister can combine his official visit with
electioneering work?
Ans.
6.
No
The Ministers shall not combine their official visit with
electioneering work and shall not also make use of official
machinery or personnel during the electioneering work.
Q. Whether Govt. transport can be used for electioneering
work?
Ans.
7.
No
No transport including official air-crafts, vehicles etc. shall be
used for furtherance of the interest of any party or a candidate.
Q. Whether Govt. can make transfers and postings of officials
who are related to election work?
Ans.
8.
There shall be a total ban on the transfer and posting of all
officers/officials directly or indirectly connected with the conduct
of the election. If any transfer or posting of an officer is
considered necessary, prior approval of the Commission shall be
obtained.
Q. Suppose an officer related to election work has been
transferred by the Govt. before enforcement of model code
of conduct and has not taken over charge at new place. Can
such officer take over charge of office at new place after
announcement of the code?
Ans.
9.
No
Status-quo-ante shall be maintained.
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Q. Whether a Minister of Union or State can summon any
election related officer of the constituency or the State for
any official discussion during the period of elections?
Ans.
10.
No Minister, whether of Union or State, can summon any election
related officer of the constituency or the State for any official
discussions anywhere.
If Union Minister is traveling out of Delhi on purely official
business, which cannot be avoided in public interest, then a letter
certifying to this effect should be sent from the concerned
Secretary of the Ministry/Department to the Chief Secretary of the
concerned State, with a copy to the Election Commission.
Q. Can an official meet the minister on his private visit to the
Constituency where elections are being held?
Ans.
11.
No
Any official who meets the Minister on his private visit to the
constituency shall be guilty of misconduct under the relevant
service rules; and if he happens to be an official mentioned in
Section 129 (1) of the Representation of People Act, 1951, he
shall also be additionally considered to have violated the
statutory provisions of that Section and liable to penal action
provided thereunder.
Q. Whether Ministers are entitled for official vehicle during the
election?
Ans.
12.
Ministers are entitled to use their official vehicles only for
commuting from their official residence to their office for official
work provided that such commuting is not combined with any
electioneering or any political activity.
Q. Whether Ministers or any other political functionaries can
use pilot car with beacon lights affixed with siren?
Ans.
13.
Minister or any other political functionary is not allowed during
election period, to use pilot car or car with beacon lights of any
colour or car affixed with sirens of any kind whether on private or
official visit, even if the State administration has granted him a
security cover requiring presence of armed guards to accompany
him on such visit. This prohibition is applicable whether the
vehicle is government owned or private owned.
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Q. Suppose there is a visit of President / Vice President at any
place in the State. Is a Minister allowed to use VIP Car with
other protocol?
Ans.
14.
Yes
The Minister may leave with VIP car and other protocol from his
headquarters to the place of visit of President/ Vice President
and return to his headquarters without attending any other
function/meeting with any other political functionary. This
restriction shall be applicable from the time he leaves the
Headquarters and till he reaches back the headquarters.
Q. Suppose a vehicle has been provided to Minister by the
State and the Minister is given an allowance for maintenance
of such vehicle. Can it be used by the Minister for election
purposes?
Ans.
15.
Where a vehicle is provided by the State or the Minister is given
an allowance for maintenance of the vehicle, he cannot use such
vehicle for election.
Q. Whether facility of official vehicles can be withdrawn from
those ministers who violate the provisions of Model Code of
conduct?
Ans.
16.
Yes
The Chief Electoral Officer shall also recover the cost of
propulsion from the ministers who may misuse their official
position.
Q. Whether there is any restriction or visits of members of
National Commission for Schedule Castes or any other
similar National/State Commissions?
Ans.
17.
It is advised that all official visits of Members of such
Commissions shall be deferred, unless any such visit becomes
unavoidable in an emergent situation, till the completion of
election exercise to avoid any misunderstanding that may arise in
any quarters.
Q. Whether members of Finance Commission of Govt. of India
can visit State(s)?
Ans.
18.
Yes
Provided neither the press briefings nor press notes would be
issued, highlighting the achievements of the State or otherwise.
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Q. Whether Chief Minister and other Ministers can attend New
Year Day function (of the State), which is a State function?
Ans.
19.
No
Only Chief Secretary and other officials may participate and no
political person including Chief Minister or Minister may
participate in such function where Govt. funds are used.
Q. Whether a Chief Minister/Minister/Speaker can attend a
“State Day” function of a State?
Ans.
20.
There is no objection provided that he does not make any
political speech on the occasion and the function is to be
conducted only by Govt. officials. No advertisement depicting the
photograph of Chief Minister/Minister/Speaker shall be released.
Q. Whether Governor/Chief Minister/Ministers can participate
and address the Convocation function of University or
Institute?
Ans.
21.
Governor may participate and address the Convocation. Chief
Minister or Ministers may be advised not to participate and
address the Convocation.
Q. Whether “Iftar Party” or any other similar party can be
hosted at the residence of political functionaries, the
expenses of which will be borne by State exchequer?
Ans.
22.
No
However any individual is free by to host any such party in his
personal capacity and at his personal expense.
Q. Is there any restriction on address of Governor in the
Assembly Session (budget)?
Ans.
23.
No
ON WELFARE SCHEMES, GOVERNMENT WORKS ETC.
Q. Is there any restriction on issue of advertisement at the cost
of public exchequer regarding achievements with a view to
furthering the prospects of the party in power?
Ans.
24.
Yes
The advertisement regarding achievements of the party at the
cost of public exchequer in the print and electronic media and the
misuse of official mass media during the period of election is
prohibited.
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Q. Whether hoardings/advertisements etc. depicting the
achievements of the party(s) in power at Centre/State
Governments at the cost of public exchequer can be
continued?
Ans.
25.
No
All such hoardings, advertisements etc. on display shall be
removed forthwith by the concerned authorities. Further, no
advertisements should be issued in the newspapers and other
media including electronic media at the cost of public exchequer.
Q. Whether a Minister or any other authority can sanction
grants/ payments out of discretionary funds?
Ans.
26.
No
Ministers and other authorities shall not sanction
grants/payments out of discretionary funds from the time
elections are announced.
Q. Whether money can be withdrawn from treasury against
the sanctioned amount from the discretionary funds of
Ministers to prepare draft in the names of beneficiaries
which may be disbursed after process of election is
completed?
Ans.
27.
The funds may either be kept in “Personal Ledger Account” of
the concerned Department or the release may be deferred till
the completion of elections.
Q. Suppose work order has been issued in respect of a
scheme or a programme. Can it be started after
announcement of election programme?
Ans.
28.
Work shall not be started in respect of which work order has
been issued before announcement of election but the work has
actually not started in the field. If a work has actually started in
the field that can be continued.
Q. Whether fresh release of funds under MPs/MLAs/MLCs
Local Area Development Fund of any scheme can be
made?
Ans.
29.
No
Fresh release of funds under MPs/MLAs/MLCs Local Area
Development Fund of any scheme shall not be made in any
area where election is in progress, till the completion of the
election process.
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Q. There are various rural development programmes/
schemes of Central government like Indira Awas Yojana,
Sampoorna Grameen Rozgar Yojana, Swaranjayanti Gram
Swarozgar Yojana, National Food for Work programme,
National Rural Employment Guarantee Act. Are there any
guidelines for implementation of these
schemes/programmes?
Ans.
30.
Yes
Following guidelines shall be followed in respect of each
scheme/programme as enumerated below:-
(a) Indira Awas Yojana (IAY)
Beneficiaries, who have been sanctioned housing scheme
under IAY and have started work, will be assisted as per
norms. No new constructions will be taken up or fresh
beneficiaries sanctioned assistance till the elections are over.
(b) ) Sampoorna Grameen Rozgar Yojana (SGRY)
Continuing works in progress may be continued and funds
earmarked for such works can be released. In case of any
Panchayat where all ongoing works have been completed and
there is a requirement for taking up new wage employment
works and where funds released directly to the Panchayats
from the Ministry of Rural Development are available, new
works can be started from approved annual action plan for the
current year with the prior consent of the District Election
Officer. From other funds, no new works shall be started.
(c ) Swaranjayanti Gram Swarozgar Yojana (SGSY)
Only those help groups which have received part of their
subsidy/grant will be provided the balance installments. No
fresh individual beneficiaries or SHGs will be given financial
assistance till the elections are over.
(d ) National Food for Work Programme(NFWP)
There is no objection for continuance of old works and sanction
of new works in those districts where no elections have been
announced. In those districts where elections have been
announced and are in progress, only those works may be
undertaken that have already started physically on ground,
provided outstanding advance given for implementation of such
works at a given time shall not exceed the amount equivalent
to work for 45 days.
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(e) National Employment Rural Guarantee Act (NERGA)
The Ministry of Rural Development shall not increase the
number of districts in which it is being implemented after
announcement of elections. The job card holders will be
provided employment in the ongoing work, if they demand
work, after announcement of elections. In case no employment
can be provided in ongoing works, the competent authority
may start new work(s) from the shelf of projects that has been
approved and inform the fact to concerned District Election
Officer (DEO). No new work shall be started by the competent
authority till such time employment can be given in ongoing
works. In case no shelf of project is available or all works
available on shelf have been exhausted, then the concerned
competent authority shall make a reference to the Commission
for approval through the concerned DEO. The competent
authority shall also furnish a certificate to DEO to the effect that
the new work has been sanctioned as no employment can be
given to the job card holder in the ongoing work.
Q. Whether a Minister or any other authority can announce
any financial grants in any form or promises thereof or lay
foundation stones etc. of projects or schemes of any kinds
etc.?
Ans.
31.
No
Ministers and other authorities shall not announce any financial
grants in any form or promises thereof; or (except civil servants)
lay foundation stones etc. of projects or schemes of any kind; or
make any promise of construction of roads, provision of drinking
water facilities etc. or make any ad-hoc appointments in
Government, Public Undertakings etc.
In such case, senior Govt. Officer may lay foundation stone
etc. without involving any political functionary.
Q. A budget provision has been made for a particular scheme
or the scheme has been sanctioned earlier. Can such
scheme be announced or inaugurated?
Ans.
32.
No
Inauguration/announcement of such scheme is prohibited during
election period.
Q. Whether ongoing beneficiary scheme can be continued?
Ans.
33.
No
The processing of beneficiary oriented scheme, even if ongoing,
shall be suspended during election period. Further, no fresh
release of funds on welfare schemes and works should be made.
– 15 –
Q. Suppose work order has already been issued for a scheme.
Can work be started in respect of such scheme?
Ans.
34.
No work shall be started in respect of which even if work orders
have already been issued, if the work has actually not started in
the field. Work can start only after the completion of election
process. However, if a work has actually started, that can be
continued.
Q. Is there any bar to release of payments for completed
work?
Ans.
35.
There shall be no bar to the release of payments for completed
work subject to the full satisfaction of the concerned officials.
Q. How the Govt. may meet the emergency situation or
unforeseen calamities, when there are restrictions for
announcing welfare measures?
Ans.
36.
For tackling emergencies or unforeseen calamities like providing
relief to people suffering from drought, floods, pestilences, other
natural calamities or welfare measures for the aged, infirm etc.,
Govt. may do so after obtaining prior approval of the Commission
and all ostentatious functions shall be strictly avoided and no
impression shall be given or allowed to be created that such
welfare measures or relief and rehabilitation works are being
undertaken by the Government in office with any ulterior motive.
Q. Whether financial institutions funded, partially or wholly by
the Governments can write off loans advanced to any
individual, company, firm, etc.?
Ans.
37.
No
The financial institutions funded, partially or wholly by the
Governments shall not take recourse to writing off loans
advanced to any individual, company, firm, etc. Also, financial
limits of such institutions, while granting or extending loans,
should not be enhanced by issuing of loans indiscriminately to
beneficiaries.
Q. Whether tenders, auctions etc. relating to matters such as
liquor vends, Tendu leaves and other such cases can be
processed?
Ans.
38.
No
Processing of such cases should be deferred till the completion
of election process in the concerned areas and the Govt. may
make interim arrangements where unavoidably necessary.
– 16 –
Q. Suppose contract for Toll Tax is expiring at the end of
financial year (31st March of the year), for which auction date
has already been proposed/advertised. Whether auction
can be held for awarding the contract?
Ans.
39.
Yes
Provided the contract is supervised by the
Commissioner/Divisional Commissioner or some other senior
District Officer directly answerable to the
Commissioner/Divisional Commissioner and there is no change
in the earlier policy or auction procedure.
Q. Whether meeting of Municipal Corporation, Nagar
Panchayat, Town Area Committee, etc. can be convened to
review the revenue collection and preparing draft anuual
budget etc?
Ans.
40.
Yes
Provided that at such meetings only the matters of routine nature
relating to day-to-day administration may be taken up and not the
matters relating to its policies and programmes.
Q. Whether function regarding “Stop TB” programme can be
held which may be inaugurated by a political functionary and
whether an advertisement on “World TB Day” can be
released and published?
Ans.
41.
There is no objection provided –
i. during the inauguration
ceremony, no political
speeches are made,
ii. no advertisement with
photographs of PM and / or
any Minister is issued, and
iii. advertisements and
speeches are confined to
the subject of combating
and eradication of TB only.
– 17 –
Q. Whether political functionaries can participate in the
celebration of “Sadbhavna Diwas” which is celebrated
through out the country?
Ans.
42.
The Central Ministers / Chief Minister / Ministers in the States
and other political functionaries can participate in the celebration
of “Sadbhavna Diwas” subject to condition that the “theme” of
their speeches should be confined only to the promotion of
harmony among the people’ and no political speech should be
made. Messages, if any, issued in the name of Minister should
be confined to the theme of national integration only and should
carry no photograph of the concerned Minister.
Q. Whether State-level functions can be held for observance of
Martyrdom of Martyrs which may be presided/attended to by
Chief Minister / Minister?
Ans.
43.
Yes
Provided that the speeches of the Chief Minister and other
Ministers should restrict to the Martyrdom of the Martyrs and
praising them. No political speech or speech enumerating or
referring to the achievements of the Government or party in
power should be made.
Q. Whether birthday celebration of Shri Babu Jagjivan Ram and
Dr. B.R. Ambedkar which falls on 5th April and 14th April
respectively as a State function may be conducted?
Ans.
44.
Yes
Provided it is not used as an occasion for political campaign or
highlighting public achievements of the Govt. and also there is no
ostentation and no political functionary addresses such meetings.
The above restriction shall be equally applicable in all such other
functions.
Q. Whether Kavi Sammelan, Mushiaras or other cultural
functions can be organized in connection with the
Independence Day/Republic Day celebration and whether
political functionaries can attend the same?
Ans.
45.
Yes
The Central Ministers / Chief Minister / Ministers in the States
and other political functionaries can attend the programme.
However, it will be ensured that no political speeches highlighting
the achievements of the party in power are made on the
occasions.
– 18 –
Q. Whether films can be telecast on the occasions of birth and
death anniversaries / ceremony anniversaries of prominent
leaders in which VVIPs/VIPs may likely to feature?
Ans.
46.
May not be telecast, in case the coverage involves VVIPs/VIPs.
Q. Whether media campaign can be made for effective
implementation of statutory warnings, etc. on sale of
cigarettes and other tobacco products?
Ans.
47.
Yes
Provided that photos/messages of political personalities etc. shall
not be associated with the campaign.
Q. Whether political advertisements can be printed on back
side of the bus-ticket of Govt. owned buses?
Ans.
48.
No
Q. Whether Govt. can release convicted criminals on parole
after following due procedures?
Ans.
49.
If the Govt. feels that the release of any convict on parole is
absolutely essential for certain compelling reasons, in that case
Govt. shall consult the Chief Electoral Officer before granting
parole.
Q. Whether minimum support price of wheat and other
agricultural products can be determined?
Ans.
50.
A reference in the matter shall be made to the Election
Commission.
– 19 –
Q 51. 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,
– 20 –
(xi) To call and finalize tenders of
routine, repair maintenance,
strengthening and upgradation
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 desilting of
drain/cattle ponds
(xx) Grant of financial upgradation
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,
– 21 –
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.
– 22 –
Q. 52. 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 and Egovernance initiations with the
– 23 –
Ans. No
The processing of aforesaid items may be deferred till the
completion of elections.
Q. Whether State Govt. can seek clarification/
clearance/approval in respect of any proposal directly from
the Election Commission?
Ans.
53.
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.
ELECTION CAMPAIGN
Q. What are the main guidelines for political parties/candidates
while making election campaign?
Ans.
54.
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.
Q. Are their any restrictions in using religious places for
election propaganda?
Ans.
55.
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.
Q. Can a candidate go to the office of Returning Officer for
filing a nomination with a procession?
Ans.
56.
No
The 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).
– 24 –
Q. How many persons are allowed at the time of scrutiny of
nominations by the Returning Officer?
Ans.
57.
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)
Q. Are there any guidelines regarding use of vehicles by
ministers/political functionaries/candidates, who have
been provided security cover by the State?
Ans.
58.
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.
Q. Whether there is any restriction for plying of vehicles for
electioneering purposes?
Ans.
59.
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.
– 25 –
Q. 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.
60.
No
Use of such vehicle for election campaign by another candidate
shall invite action under section 171H of Indian Penal Code.
Q. Can a vehicle be used for electioneering purposes without
getting permit from the District Election Officer/Returning
Officer?
Ans.
61.
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.
Q. 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.
62.
Use of educational institutions including their grounds (whether
Govt. aided, Private or Govt.) for political campaigns and rallies
is not allowed.
Q Is external fitting/modification allowed in the vehicles used
for campaigning?
Ans.
63.
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.
Q. 64. 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?
– 26 –
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.
– 27 –
Q. Are there any conditions for getting Govt aircraft/helicopters
(including Public Sector Undertakings) by political
parties/candidates?
Ans.
65.
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 for
all.
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.
Q. Is there any restriction on displaying poster, placard,
banner, flag etc of the party concerned or the candidate on a
public property?
Ans.
66.
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.
Q. 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.
67.
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.
– 28 –
Q. 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.
68.
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.
Q. Whether there is any ban on use of plastic sheets for
making use of posters/banners during the election
campaign?
Ans.
69.
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.
Q. Is there any restriction on the printing of pamphlets,
posters etc?
Ans.
70.
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)
Q. Whether there is any restriction on air dropping of
leaflets/pamphlets by the Political parties/candidates?
Ans.
71.
No
Provided that all the expenses in this regard have been booked
against the election expenses of the candidate, on whose
behalf the leaflets/pamphlets are being dropped.
Q. Is wearing of special accessories like cap, mask, scarf etc.
of a candidate permitted during the campaigning?
Ans.
72.
Yes, provided they are accounted for in the election expenses
of the candidate concerned. However supply and distribution of
main apparels like saree, shirt, etc. by party/candidate is not
permitted as it may amount to bribery of voters.
Q. Whether dummy ballot units of EVM can be prepared by
the candidate for the purpose of educating the voters?
Ans.
73.
Yes
The dummy ballot units may be made of wooden, plastic or ply
board boxes, half the size of the official ballot units and may be
painted brown, yellow or grey.
– 29 –
Q. Whether there is restriction to display to the public any
election matter by means of cinematograph, television or
other similar apparatus?
Ans.
74.
Yes
Candidate can not display to the public any election matter by
means of cinematograph, television or other similar apparatus
during the period of 48 hours ending with the hour fixed for the
conclusion of poll.
(Refer: Sec. 126 of Representation of People Act, 1951)
Q. Whether a candidate can print and distribute the
diary/calendar/sticker depicting his image or image of
Gods/ deities etc.
Ans.
75.
No
This will amount to bribery under section 171E of Indian Penal
Code.
Q. Whether distribution of printed “Stepney Covers” or other
similar material containing symbol of party/candidate or
without depicting it, is a violation?
Ans.
76.
Yes
In case, it is established that such material have been
distributed, a complaint may be filed before the area Magistrate
by District Administration against the distribution of the said
material under section 171 B of the IPC.
Q. Are there conditions/guidelines for setting up and operating
of Temporary Offices by Party or candidate?
Ans.
77.
Yes
Such offices can not be opened by way of any encroachment
either on public or private property/ in any religious places or
campus of such religious places/ contiguous to any educational
institution / hospital / within 200 meters of an existing polling
station. Further, such offices can display only one party flag and
banner with party symbol/photographs and the size of the banner
used in such offices should not exceed ‘4 feet X 8 feet’ subject to
the further condition that if the local laws prescribe a lower size
for banner / hoarding etc., then the lower size prescribed by local
law shall prevail.
– 30 –
Q. Is there any restriction on the presence of political
functionaries in a constituency after campaign period is
over?
Ans.
78.
Yes
After the closure of campaign period (starting from 48 Hrs. before
closure of poll), political functionaries etc. who have come from
outside the constituency and who are not voters of the
constituency should not continue to remain present in the
constituency. Such functionaries should leave the constituency
immediately after campaign period is over. This will not apply in
the case of candidate or his election agent even if they are not
voters in the constituency.
Q. Is such restriction applicable in the case of office bearer of a
political party who is in-charge of election in the State?
Ans.
79.
Yes
However, such restriction is not insisted upon during the general
elections to Lok Sabha/State Assembly only in respect of the
office bearer who is in-charge of the State during the election
period. Such office bearer shall declare his place of stay in the
State Headquarters and his movement during the period in
question shall remain confined normally between his party office
and place of his stay. The above restrictions will be
applicable to all other functionaries in all elections.
Q. Whether there is any restriction for holding public meeting
or taking out processions?
Ans.
80.
Yes.
Prior written permission should be obtained from the concerned
police authorities for holding of a meeting at any public or private
place and for taking out processions.
Q. Whether loudspeakers can be used for public meetings or
for processions or for general propaganda without obtaining
permission from Police authorities?
Ans.
81.
No.
Prior written permission should be obtained from the concerned
police authorities for using loudspeakers.
– 31 –
Q. Whether there is any time limit for using loudspeakers?
Ans.
82.
Yes.
Loudspeaker can not be used at night between 10.00 P.M. and
6.00 A.M.
Q. What is the deadline after which no public meetings and
processions can be taken out?
Ans. Public meetings cannot be held after 10 PM and before 6.00 AM.
Further, Candidate can not hold public meetings and processions
during the period of 48 hours ending with the hour fixed for the
conclusion of poll. Suppose, poll day is 15th July and hours of
poll are from 8.00A.M to 5.00 P.M., then the public meetings and
processions shall be closed at 5.00 P.M on the 13th July.
(Refer: Sec. 126 of Representation of People Act, 1951)
83.
Q. Whether there are any guidelines for political
parties/candidates for issue of unofficial identity slips to
voters?
Ans.
84.
Yes.
The unofficial identity slip, on white paper, shall contain only the
particulars of the voter i.e. name, Serial number of voter, part No.
in the electoral roll, s.no. and name of Polling Station and date of
Poll. It should not contain the name of candidate, his photograph
and symbol.
Q. Is there any restriction on appointment of a
Minister/M.P./M.L.A/M.L.C or any other person who is under
security cover as an Election Agent/Polling Agent/Counting
Agent?
Ans.
85.
Yes
A candidate cannot appoint a Minister/M.P./ MLA/MLC or any
other person who is under security cover, as an election/polling
agent/counting agent, as his personal security shall be
jeopardized with such appointment, because his security
personnel will not under any circumstances be permitted to
accompany him into the 100 meter perimeter of polling stations
described as the “Polling Station Neighborhood” and within the
polling booth and campus of counting centre and within the
counting centre. Also any person having security cover will not be
allowed to surrender his security cover to act as such agent of a
candidate.
– 32 –
Q. Is a candidate allowed to appoint persons as polling
agents from anywhere?
Ans.
86.
No
Such person who is appointed by the candidate as a polling
agent must be an ordinarily resident and elector of the
concerned polling station area only and not from outside the
concered polling area. Such person must also have Elector’s
Photo Identity Card.
However, in the case of polling stations exclusively manned by
the women polling personnel, the restriction of resident of same
polling area shall not be applied for.
Q. Who is the authority to issue permits to Star Campaigners
(Leaders) of the Political Parties who avail benefit under
Section 77(1) of R.P Act, 1951?
Ans.
87.
In case the mode of road transport is to be availed of by Star
Campaigners (Leaders) of political, the permit will be issued
centrally by the Chief Electoral Officer. If such party applies for
issue of permit for the same vehicle to be used by any leader
for election campaigning throughout the State, the same may
be issued for such vehicle centrally by the Chief Electoral
Officer, which will be prominently displayed on windscreen of
such vehicle(s) to be used by concerned leader(s). If different
vehicles are to be used by such party leaders in different
areas, then the permit can be issued against the name of the
person concerned who will display it prominently on the
windscreen of the vehicle being used by such leader.
Q. Whether Opinion poll or Exit poll can be conducted,
published, publicized or disseminated at any time?
Ans.
88.
No
The result of any opinion poll or exit poll conducted shall not be
published, publicized or disseminated in any manner by print,
electronic or any other media, at any time-
(a) during the period of 48 hours ending with the hour fixed for
closing of poll in an election held in a single phase; and
(b) in a multi-phased election, and in the case of elections in
difference States announced simultaneously, at any time during
the period starting from 48 hours before the hour fixed for closing
of poll in the first phase of the election and till the poll is
concluded in all the phases in all States.
– 33 –
Q. Whether there is any restriction for transmitting Short
Messages Service (SMSs)?
Ans.
89.
Yes
Transmitting objectionable messages on SMSs during election is
prohibited. For objectionable SMSs which may violate the law
and ECI instructions issued in this behalf, the police authorities
shall advertise special mobile numbers on which the receiver of
such SMS can forward the said SMS with the mobile number of
sender. The police authorities shall take action under the law.
POLL DAY
Q. Are there any guidelines for setting up of election booth by
candidate/political parties near polling station on the day of
poll?
Ans.
90.
Election booth can be set up beyond a distance of 200 meters
from the polling stations, only with 1 table and 2 chairs with an
umbrella or a piece of tarpaulin or cloth to protect the two
occupants. Only one banner (3 x 41/2 feet) can be displayed
showing the name of the candidate/ party / election symbol at the
booth. However, two election booths can be set up, if more than
two polling stations have been set up in a building
Q. Is it necessary to obtain written permission of the concerned
Government authorities or local authorities for setting up of
election booth?
Ans.
91.
Yes
It is necessary to obtain the written permission of the
Government authorities concerned or local authorities before
setting up of such booths. Written permission must be available
with the persons manning the booth for production before the
police /election authorities concerned on demand.
Q. Is there any restriction of canvassing in or near polling
station?
Ans.
92.
Yes
Canvassing for votes etc. within a distance of one hundred
meters of polling station is prohibited on the day of poll.
(Refer : Section 130 of Representation of 1951)
– 34 –
Q. Whether the use of mobile phone is allowed in the polling
station?
Ans.
93.
No person is allowed to either carry or use mobile phones,
cordless phones, wireless sets etc. in 100 meter perimeter of the
polling stations described as the “polling station neighborhood”
and within the polling booth.
Only Observer/Micro Observer, Presiding Officer and security
personnel are allowed to carry mobile phone but they will keep
their mobile phones in silent mode.
Q. Is there any restriction of going armed to or near polling
station?
Ans.
94.
Yes
No person is allowed to go armed with arms as defined in Arms
Act 1959 of any kind within the neighborhood of a polling station
on the day of poll.
(Refer: Section 134B of Representation of 1951)
Q. How many vehicles a candidate is entitled for on the day of
poll?
Ans.
95.
(i) For an election to the House of the
People, a candidate will be entitled to:
(a) One vehicle for candidate’s own use
in respect of the entire constituency.
One vehicle for use of candidate’s
election agent for entire constituency.
(b) In addition, one vehicle for use of
candidate’s workers or party workers,
as the case may be, in each of the
assembly segments comprised in the
Parliamentary Constituency.
(ii) For an election to the State Legislaitve Assembly, a
candidate will be entitled to:
(a) One vehicle for candidate’s own use
(b) One vehicle for use of candidate’s election agent
(c) In addition, one vehicle for use of candidate’s workers or
party workers.
Q. If the candidate is absent from the constituency on the day
of poll, can the vehicle allotted in his name be used by any
other person?
96.
No
Vehicle allotted for candidate’s use is not allowed to be used by
any other person.
– 35 –
Q. Can any type of entitled vehicle be used on the day of poll?
Ans.
97.
No
The candidate or his agent or party workers or workers will be
allowed to use only four/three/two wheeler vehicles i.e. cars (of
all types), taxis, auto rickshaws, rickshaws and two wheelers. In
these vehicles not more than five persons including drivers are
allowed to move on the day of poll.
Q. Whether Political Party/Candidate can make arrangements
for transporting voter to and from Polling Station?
Ans.
98.
No.
Any arrangement, direct or indirect, to carry any voter to or from
polling station by any kind of vehicle used for transport is a
criminal offence.
(Refer: Sec. 133 of Representation of People Act, 1951)
Q. Whether there are restrictions on plying of Govt./private
vehicles on the poll day?
Ans.
99.
No
Public transport like buses, minibuses are allowed to ply but it
should be ensured that they are not used clandestinely for the
conveyance of voters. Further, private cars, taxies carrying
passengers to places other than polling booths like hospitals,
airports, railway stations, bus stands, friends and relations
houses, clubs, and restaurants will be allowed on the road. But
they should not be allowed to come clandestinely near the polling
areas for the conveyance of voters.
Q. Can a leader of Political party use private fixed-wing aircraft
and helicopters for the purposes of supervising and
monitoring the polling and counting process on the day of
poll and counting?
Ans.
100.
No
Leader of a political party is not allowed to use private fixed-wing
aircraft and helicopters for the purposes of supervising and
monitoring the polling and counting process on the day of poll
and counting.