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Free and fair elections are the foundations in any democracy. It is necessary that political parties, candidates and others observe certain norms so that electors are able to exercise their franchise freely. Under the direction of the Election Commission of India these norms have evolved over the years into a Model Code. This handbook covering the various provisions of the Code comprehensively may help political parties, candidates, and others to have a clear understanding of the scope of these provisions.
K.C. Saha is a retired officer of the Indian Administrative Service of Bihar Cadre. He worked as the Principal Secretary in the Election Commission of India for five years from 1987 to 1992. He has also worked as the Chief Electoral Officer in the State of Bihar from 1996 to 1997 and again from 2004 to 2005. At present the author is working as the Chairman of Bihar Public Service Commission.
Preface
1. Model Code of Conduct and its Applicability
1. What is Model Code?
2. Coming into force of Model Code
3. Violations of Model Code
2. Requisition of Officers and Staff for Election andRequisition of Vehicles
1. Authorities required to make available staff
2. Deployment of Home guards/Forest guards/Ex-Servicemen
3. Women polling personnel
4. Officers and Staff whose Services cannot be Requisitioned
5. Classification of Presiding Officers and Polling Officers
6. Randomisation of Polling Personnel
7. Involvement of Government Officials in political activities
8. Disciplinary functions of the Election Commission
9. Compensation in the Event of Death or Injury to Polling Personnel
10. Observers
11. Requisition of Vehicles
12. Compensation for Private Vehicles Requisitioned in Caseof Accident, Loss or Damage
13. Transfer/Posting of Officials
1. Officials Connected with Revision of Electoral Rolls
2. Officials Connected with Conduct of Election
3. Censured and Debarred Officials
4. Appointments, Service Matters and Promotions
1. Appointments/Service matters 2. Promotions
5. Finalization of Tenders, Procurement of Stores, Settlementof Sairats etc./Implementation of Development Schemes/Relief Work/Welfare Measures
1. Finalization of Tenders, Procurement of Stores, Settlement of Sairats etc.
2. Implementation of Developmental Schemes
3. Relief Measures 4. Welfare measures
6. Other Administrative Measures
1. Declaration of Holiday on the Poll Day
2. Prohibitory Orders
3. Arms Licence
4. Security for Candidates
5. Declaration of Dry Day
6. Free Passes
7. Ban on Video Conferencing
8. Mobile Phones to Sector Magistrates
9. Certified Copy of Electoral Roll
10. Election Fund
11. Videography of Activities of Candidates
12. Maximum Number of Persons and Vehicles at the Timeof Filing of Nomination
13. Additional Administrative Measures
14. Scrutiny of Nomination
7. Party in Power
1. General Conduct
2. Visit of Ministers
3. Use of Government Guest Houses, Dak Bunglows
4. Republic Day and Independence Day
5. Security to Ministers
6. Expenses from the State Exchequer
7. Discretionary Grants of Ministers
8. Announcements and Laying of Foundation Stones by Ministers
9. Participation in Celebrations and Issuance of Messages
8. Affidavits to be Filed Along with Nomination Papers
9. Oath at the Time of Filing of Nomination
1. Oath at the Time of Filing of Nomination 2. Deletion of Name of Absconders From the Electoral Roll
10. Campaigning/Telecast and Broadcast
1. Norms for Campaigning
2. Printing of Pamphlets and Posters
3. Defacement of Property
4. Use of Official Vehicles
5. Vehicles for Campaigning
6. Use of aircrafts and helicopters
7. Election Meetings
8. Use of Loud Speakers
9. Telecast and Broadcasts by Recognized Political Parties through Doordarshan and All India Radio
10. Code for Telecasts and Broadcasts
11. Opinion Polls
12. Advertisement on Television Channel and/or CableNetwork
13. Campaigning through bulk SMS
14. Campaigning through Social Media
15. Paid news
11. Poll Day and Counting Day
1. General Conduct of Candidates and Political Parties
2. Election Booth
3. Identity Slips
4. Election Agents, Polling Agents and Counting Agents
5. Use of Mobile Phone in Polling Booths and CountingCentres
6. Carrying of Arms
7. Security of Special Protection Group (SPG) ProtecteesInside the Polling Booth
8. Entry into Polling Stations
9. Passes to NGOs and Human Right Organisations
10. Movement of Vehicles on the Poll Day
11. Use of Helicopter on the Polling and Counting Days
12. Restriction on the Movement of Political FunctionaryProvided with Security
12. Election Expenses of Candidates/Political Parties
1. Election Expenses of Candidates
2. Election Expenses of Political Parties Date-Wise Index of Letters/Orders of the Commission List of Annexures