BAN ON TRANSFERS

Ban on transfers of officers connected with the General Elections/Bye Elections (dated 22/03/1996).

Election Commission's Letter No. 434/1/96, dated 22nd March, 1996 addressed to The Chief Secretaries of all States and Union Territories.

Subject: Ban on transfers of officers connected with the General Elections/Bye-elections.

The Commission has announced a detailed programme for holding of General Elections to the Lok Sabha and the six State Legislature Assemblies of Kerala, Tamil Nadu, Haryana, West Bengal, Assam and Pondicherry and Bye-elections to the Legislative Assemblies of certain States.

2. With the announcement of elections, the Model Code of Conduct and the orders regarding ban on transfers of officers connected with General elections/Bye-elections has come into force with immediate effect. Attention in this regard is invited to Commission's Order No. 437/1/96-PLN-III dated 20-3-96 addressed to all Chief Secretaries and Chief Electoral Officers on the subject.

3. The Commission, therefore, directs that there shall be a total ban on the transfer of all officers/officials connected with the conduct of the elections. These include but are not restricted to:

1. The Additional/Joint/Deputy and Assistant Chief Electoral Officers.

2. Divisional Commissioners and all other Revenue Officers up to the lowest level.

3. The District Election Officers/Returning Officers and Assistant Returning Officers.

4. Officers of the Police department from the rank of DG/DIG downward to Superintendents of Police, Deputy Superintendents of Police and other senior level police officers like S.H.O., or up to Police Station in-charge.

5. Block Development Officers and officers of local bodies who are entrusted with the election work.

4. This ban shall be effective till the completion of the elections. The Commission further directs that the State Government should refrain from making transfer of even those officers/officials who may be in any position to influence the voters through the position of the office they hold.

5. The Commission will, however, consider such cases of transfer of officers/officials connected with elections which are deemed absolutely necessary due to certain circumstances. The State Governments should make specific references to the Commission on all such proposals along with full justification for the same. Each such case will be considered on merit. Regarding transfers of officers who are not directly connected with elections, the Chief Electoral Officers may give approval for all such cases after thorough scrutiny and in absolutely essential cases.

6. The Commission is duty-bound to ensure that the elections are conducted in a free and fair manner. It is therefore essential that no officer/official is transferred under any kind of influence. The Commission will therefore not hesitate to take the strictest possible action for any violation of its orders.

Copy to: The Chief Electoral Officer of All States/Union Territories with the direction that they should keep the Commission informed of all proposals of transfers. All violations should be immediately brought to the notice of the Commission. The Chief Electoral Officers will be personally responsible for keeping the Commission informed.

------------------------FAX/WIRELESS MESSAGE

From ------------Election Commission of India New Delhi

To --------------Chief Secretaries of all States and Union Territories

Repeat ---------Chief Electoral Officers of all States and Union Territories

and -- ----------Cabinet Secretary
-----------------Cabinet Secretariat
-----------------Government of India
-----------------Rashtrapati Bhawan
-----------------New Delhi

No. 437/1/96-PLN-III ------------------------Dated: 20th March, 1996

Commission has announced on 19th march, 1996 holding of general elections to the House of the people and legislative assemblies of Assam, Haryana, Kerala, Pondicherry, Tamil Nadu and West Bengal and bye elections of 14 legislative assembly constituencies in the states of Andhra Pradesh, Bihar, Maharashtra, Meghalaya, Orissa and Karnataka (.) The notification calling for general election/bye-election will issue on 27th March, 1996 (.) The dates of poll are 27th April, 2nd May, 7th May and 21st May, 1996 (.) The date of completion of poll is 28th May, 1996

2. All standing instructions of Commission including but not restricted to (,) payment out of discretionary funds on the eve of elections (,) model code of conduct (,) ban on transfer of officers (,) etc (,) have come into force (.)

3. Please issue instructions to all departments and authorities and forward a copy of instructions issued in this behalf to Commission for information and record (.)

4. Commission hereby makes it absolutely clear that any violation of its instructions regarding ban on transfer of officers (,) payment of grants out of discretionary funds and guidelines enumerated in model code of conduct for political parties and candidates will be viewed very seriously and necessary action as deemed appropriate would be taken on each case of violation (.) Copy of press note enclosed with post copy (.) Kindly acknowledge receipt (.)

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