DEFACEMENT
OF PROPERTY
Prevention
of defacement of property (dt.30.03.1994).
Election Commission's Order No. 3/7/94/J.S.II/Vol.II
Dated:- 30th March, 1994
_____________________________________________________________________
---------------------------------------------------Order
Subject :- Prevention of Defacement of
Property.
The Commission vide its letter No.3/7/94/J.S.II dated
5th January, 1994 addressed to all the Chief
Secretaries of all States and Union Territories on
the aforementioned subject had, inter alia, drawn
attention to item I (iv) of the Model Code of Conduct
for the guidance of political parties and candidates
which states as follows:-
"No political party or candidate shall permit
its or his followers to make use of any individual's
land, building, compound, wall etc., without his
permission for erecting flags, staffs, suspending
banners, pasting notice, writing slogans, etc."
2. The Commission further directed that, in future,
if any one indulges in such undesirable activities,
without the written permission of the owner of the
building, whether private or public, the concerned
party/association/body/candidate/person should be
prosecuted and proceeded against under the law. Such
prosecutions should be launched under the special
enactment, if any, in force in the State providing
for prevention of defacement of property or under the
general law for causing willful damage to the
property of others, as soon as any such act is
observed or brought to the notice of the State
Government authorities concerned.
3. In connection with bye-elections to the seven
Parliamentary Constituencies and thirteen Assembly
Constituencies the poll for which is scheduled to be
taken on 26th May, 1994, the Commission in
furtherance of its aforementioned directions, has
directed that the District
Magistrates/Collectors/Deputy Commissioners shall
conduct/cause to be conducted spot inspections in the
constituencies in which elections have been announced
with special regard to defacement of walls or public
and private buildings by pasting of election posters,
writing of slogans, painting of election symbols
etc., prior to the notification of the bye-election
in the concerned constituencies. On such inspection,
if they find any defacement, they shall ascertain or
cause to be ascertained whether these defacements
have the specific permission of the owners/ occupiers
of the buildings. Wherever there is no such
permission, action to remove the defacement in terms
of the Commissions directives dated 5th January, 1994
shall be taken forthwith. Where necessary,
prosecution should also be launched against the
persons concerned who are responsible for such
defacements.
4. The Commission further directs that if at any time
later it is established that any candidate belonging
to any political party has made use of any land,
building, compound wall, etc. whether private or
public without permission of the owners/occupiers
resulting in defacement, the Commission shall take
all action as appropriate, including but not
restricted to action against the political party
concerned.
5. The Chief Secretaries shall bring the contents of
the fresh order to the notice of all the District
Magistrates/Collectors/Deputy Commissioners concerned
for immediate compliance and report by 1700 hours on
20.04.1994.
1. Chief Secretaries of the States of Andhra Pradesh,
Bihar, Himachal Pradesh, Maharashtra, Madhya Pradesh,
Orissa, Punjab, Rajasthan, Tamil Nadu, Uttar Pradesh
and West Bengal.
2. Chief Electoral Officers of Andhra Pradesh, Bihar,
Himachal Pradesh, Maharashtra, Madhya Pradesh,
Orissa, Punjab, Rajasthan, Tamil Nadu, Uttar Pradesh
and West Bengal.
3. Copies to the concerned Zonal Sections,
Secretaries, Under Secretaries for necessary action.
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