MODEL CODE OF CONDUCT

Clarification regarding restrictions on Model Code and connected instructions.

Election Commission's letter No. 437/6/95/MCS-Vol. I Dated: 24th February, 1995
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Subject:- General Elections to the Legislative Assemblies, 1995 - clarification regarding the restrictions of Model Code of Conduct and connected instructions.

The Commission has issued several instructions for the conduct of free and fair elections. Standing instructions of the Commission including but not restricted to - (1) payments from out of the discretionary funds, (2) Model Code of Conduct and (3) Ban on Transfer of Officers connected with the election will come into force from the date of announcement of elections. These instructions of the Commission are meant to be applicable with effect from the date of announcement of elections upto the end of the process of elections, namely, the declaration of results by the Returning Officers.

2. Considering all relevant factors, the Commission had to schedule the programme of elections in a number of States with dates of taking poll phased over a long period of time. At the same time, with a view to preventing the result of elections in one State from influencing the choice of the electorate in another State or constituencies, the Commission had to schedule the counting of votes only at the end of polling in the last of the inter relatable States, to be taken up simultaneously in all these States. As a result, in some States, there is a considerable gap of time between the last date of poll and the date of counting.

3. It is not the intention of the Commission to impose undue restrictions or to hamper the developmental works and day-to-day administration. The Commission is aware that it is not necessary to continue to impose all the stipulated restrictions during the period between the date of poll and counting and declaration of results; more so if this period happens to be too long.

4. In view of the above and considering that once the poll is taken the normal bonafide action of the Government cannot influence the voters in favour of party in power, the Commission in relaxation of its earlier instructions, directs that after the poll is taken over an entire State and whenever there is gap of more than seven days between the date of poll and the date of counting:-

(i) The use of official vehicles which was restricted vide its instructions dated 21st, 28th and 30th December, 1994, may be permitted for strict and bonafide official purposes, including for visits to places outside the State headquarters also.

However, if the Chief Electoral Officer or the District Election Officer finds that these visits are not strictly in accordance with official requirements, he may withdraw the vehicles for such visits till the completion of the elections.

(ii) Urgent requirement to the barest minimum of transfer of officers not related to elections may be met by making such transfers. Likewise, action for filling up posts including issue of advertisement, thereafter, may be allowed. The restrictions on ban on transfers of election related officers will, however, continue to be operative till the completion of the process of elections.

(iii) The use of Rest Houses, Dak Bungalows and other Govt. accommodation may be allowed to Ministers and other dignitaries without restrictions, but only for visits connected strictly with official purposes.

(iv) No restrictions on the holding of official meetings and functions, etc., may be imposed. These should, however, be held without any fanfare or ostentation or issue of paid advertisements at the cost of Government Exchequer.

(v) In genuine cases, the allocations from discretionary funds can be allowed. Such cases need not be referred to the Commission for prior approval.

5. It is again clarified that the above relaxations apply strictly to the aforesaid period between the last date of poll in a State and the date of counting of votes.

6. Kindly acknowledge receipt.



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