MODEL CODE OF CONDUCT

General Elections to the Legislative Assemblies, 1994 _ Conduct of candidates and political parties.

Election Commission's letter No. 437/6/ES023/94 MCS Dated: 4th October, 1994, addressed to (1) the Chief Secretaries of all States/UTs. (2) The Chief Electoral Officers of all States/UTs.
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Subject:- General Elections to the Legislative Assemblies, 1994 - Clarifications regarding the conduct of candidates and political parties.

The Commission has announced the programme for general elections to constitute new legislative assemblies in the States of Andhra Pradesh, Goa, Karnataka and Sikkim on 27.9.1994. The Commission has also issued messages to the Chief Secretaries and CEOs of the above mentioned four States that subject to any orders of the Courts, all standing instructions of the Commission including but not restricted to - (1) payments from out of the discretionary fund, (2) Model Code of Conduct and (3) ban on transfer of officers connected with the elections have come into force from 27.9.1994.

2. Some doubts have been expressed and clarifications sought as to the application of the Model Code of Conduct to various activities being undertaken by the Governments of India/the States.

3. It is hereby clarified that it is not and it has never been the intention of the Commission that developmental activities of the implementation of welfare measures should come to a standstill when general elections are announced and the Model Code is brought into force.

4. What is prohibited under the Model Code is the announcement of new projects or programmes or concessions or financial grants in any form or promises thereof or laying of foundation stones, etc., which have the effect of influencing the voters in favour of the party in power.

5. These restrictions contained in part VII of the Model Code will apply equally to new schemes and also ongoing schemes. But it does not mean that in the case of national, regional and State utility schemes which have already been brought upto the stage of completion, their utilisation or functioning in public interest should be stopped or delayed. The coming into force of the Model Code of Conduct cannot be given as an excuse for not commissioning such schemes or allowing them to remain idle. At the same time, it should be ensured that the commissioning of such schemes should be done without any fanfare or ceremonies whatever, so that no impression is given or created that such commissioning has been done with a view to influencing the electorate in favour of the ruling party. If, in doubt, a clarification should be obtained from Chief Electoral Officer/Election Commission of India.

6. The Commission has firmly rejected the view held in certain quarters that formal functions of `dedication/inauguration' to celebrate completion of a work or to take up any work sanctioned earlier than the announcement of the General Elections/Bye-elections will not constitute a violation of the Model Code in letter and spirit. They will be violations.

7. It is further clarified that simply because a budget provision has been made for any particular scheme or the scheme has been sanctioned earlier or a reference to the scheme was made in the address of the Governor or the budget speech of the Minister it does not automatically mean that such schemes can be announced or inaugurated or otherwise taken up after the announcement of elections without violating the Model Code, since they will clearly be intended to influence the voters.

8. The Commission would also like to dispel the misgivings in the minds of certain people that the Commission is standing in the way of developmental works, welfare, relief and rehabilitation measures and other schemes for public good. Such measures when undertaken after the announcement of the elections become suspect. But the Commission does not refuse approval for schemes undertaken for genuine public good and also for measure for providing relief to people suffering from drought, floods, pestilences or other natural calamities. In these matters also all ostentatious functions should be strictly avoided and no impression should be given or allowed to be created that such welfare measures or relief and rehabilitation works are being undertaken by the Government in office for the benefit of the people so as to influence the electors in favour of the party in power which at the same time will adversely affect the prospects of the other parties.

9. The Commission has drawn up a list of `dos' and `don'ts' to be followed by candidates and political parties after the announcement of elections and till the completion of the process of elections, which is enclosed as Annexure to this communication. The Commission has directed that this be given the widest possible publicity and its contents brought to the knowledge of all candidates and political parties including in the official language of the State.

10. It must be clearly brought to the notice of candidates and political parties that the list of `Dos' and `Donts' is only illustrative and not exhaustive and is not intended to substitute or modify other detailed directions/instructions on the above subjects, which must be strictly observed and followed.

11. Kindly acknowledge receipt.



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