DEFACEMENT OF PROPERTY

Prevention of defacement of property (dt.16.05.1994).

Election Commission's letter No.3/7/94/J.S.II/Vol.IV Dated 16.5.1994, addressed to (1) The Chief secretaries of all State and Union Territories and (2) The Chief Electoral Officers of all States and Union Territories.
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Subject : Prevention of defacement of property.

I am directed to state that the Commission, vide its letter No.3/7/94/J.S.II, dated 5th January, 1994 addressed to the Chief Secretaries of all States and Union Territories, on the above mentioned subject,had directed that all political parties/Association/Bodies/Candidates who had indulged in the defacement of public or private property by pasting/writing of their posters/slogans/symbols, etc., during the last general elections to the Legislative Assemblies of Delhi, Himachal Pradesh, Madhya Pradesh, Mizoram, Rajasthan and Uttar Pradesh in October November, 1993, should be required forthwith to remove their posters/slogans/symbols and get the defaced walls/buildings white-washed so as to restore them to the original position. The Commission further directed that this should be done by the Parties/Associations/Bodies/Candidates concerned at their own expense.

2. In connection with the bye-elections/countermanded elections to the House of the People and certain State Legislative Assemblies from seven Parliamentary Constituencies and seventeen Assembly constituencies the poll for which is scheduled to be taken on 26th May, 1994, the Commission, in furtherance of its above mentioned direction has directed in its Order No. 3/7/94/J.S.II/Vol II, dated 30th March, 1994, that the District Magistrates/Collectors/Deputy Commissioners shall conduct/cause to be conducted spot inspections in the constituencies in which elections are in progress with special regard to defacement of walls of public and private buildings by pasting of election posters, writing of slogans, painting of election symbols etc., prior to the notification(s) of the said bye-elections/countermanded elections in the concerned constituencies. On such inspection, if it is found that specific permission of the owners/occupiers of the buildings has not been obtained, action to remove the defacement in terms of the Commission's directives, dated 5th January, 1994 shall be taken forthwith.

3. It has come to the notice of the Commission that in several cases walls, etc, are being cleaned of election writing not by the parties, candidates etc., but by the Govt. Authority at the cost of the public exchequer. This is totally against the directions of the Commission and is totally unacceptable. The Commission hereby directs that wherever the removal of defacement of property has been/is being carried out by the authorities of the State Government, the expenditure incurred thereon should be recovered by the State Government from the parties/candidates, etc., concerned.

4. The above mentioned direction of the Commission shall be brought to the notice of all concerned authorities of the State Government for information and necessary compliance.

5. The receipt of this letter be acknowledged immediately.



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