DRAFTING /REQUISITIONING OF PREMISES/VEHICLES

Circular issued by Ministry of Law -assistance by Central Govt. employees and use vehicles.

Ministry of Law and Justice (Legislative Department), O.M.No. F-7(3)/87-Leg.-II, dated: 23rd February, 1987 to all Ministries etc. and Chief Electoral Officers.
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Subject :- General Election to the Legislative Assemblies of the States of Jammu and Kashmir, Kerala and West Bengal and Bye-elections in Andhra Pradesh, Gujarat, Maharashtra, Uttar Pradesh and Pondicherry - Assistance by Central Government employees and use of Government vehicles, etc.

The undersigned is directed to refer to the instructions contained in this Ministry's Office Memorandum No. 7(2)/84-Leg.II, dated the 20th November, 1984 and to request that the Ministry of Home affairs, etc., may kindly ensure that the instructions contained therein, which are in the nature of standing instructions on the subject, are brought to the notice of Heads of Offices under their administrative control located in the States of Jammu and Kashmir, Kerala and West Bengal where general elections to the Legislative Assemblies are to be held on 23rd March, 1987. Similar instructions may also please be issued to their offices located in the States of Andhra Pradesh, Gujarat, Maharashtra, Uttar Pradesh and Pondicherry where certain bye-elections are also likely to take place.

It may also be ensured that services of the Central Government employees working in the offices located in the above said States and also vehicles belonging to those offices are placed at the disposal of the election authorities for assistance in conduct of said elections wherever request is made by such authorities in this behalf. It is also requested that a copy of the instructions issued by Ministries and Departments to the Heads of their offices located in the aforementioned States may also please be endorsed to the Chief Electoral Officers of the State concerned.

Ministry of Law and Justice (Legislative Department) O.M.No. F. 7(2)/84-Leg-II, dated 20th November, 1984 to all Ministries/Departments of Govt. of India and Chief Electoral Officers.

------------------------Office Memorandum

Subject :- General Election to the Lok Sabha-1984 and Legislative Assemblies of Tamil Nadu, Manipur, Arunachal Pradesh and Goa, Daman and Diu - Assistance by Government of India employees in the conduct of elections and use of Government vehicles etc.

Clause (1) of Article 324 of the Constitution states that the conduct of all the elections to Parliament and to the Legislatures of every State shall be vested in the Election Commission. Under clause (6) of the Article the President or the Governor of a State shall, when so requested by the Election Commission make available such staff as may be necessary for the discharge of the functions conferred on the Election Commission. It is hardly necessary to emphasis that the conduct of elections to Parliament and to State Legislatures is of the greatest importance and that the maximum co-operation of all is required to make the elections a success.

2. The ensuing General Election to the Lok Sabha, 1984, will be held in the last week of December, 1984. The Chief Electoral Officers of the States will, in addition to the employees of the State Government, also require the services of the maximum number of employees working in the offices of the Government of India and Central Government Undertakings located in the various States for the purpose of polling, counting and other duties connected with the General Election, 1984. The Election Commission has, therefore, requested that all the Ministries and Departments of Government of India may be asked kindly to direct the heads of offices and Central Government Undertakings functioning in the States and Union Territories, to furnish well in advance to the Chief Electoral Officers of the States concerned, a statement showing category-wise the number of all their officers and staff so that the Returning Officers could indicate the number required for the election. The staff asked for the election should be spared even if it involves some dislocation of normal work of their offices. The Chief Electoral Officer will, however, ensure that the entire strength of an office is not deputed for election duties.

3. The Election Commission also requested, in the interest of free and fair election and observance of absolute rectitude on the part of civil administration during the election, the need for laying great emphasis or putting an embargo on transfers of officers having duties - statutory or otherwise - connected with the conduct of elections. If transfers of officers, particularly at senior levels, who are in some way or other entrusted with important and significant task connected with elections, are effected in a routine and casual manner after the announcement of elections, there will be room for doubt and apprehension about the fair conduct of elections and impartiality of the administration. Keeping in view these circumstances, the Commission has urged for the need for the imposing and enforcing a ban on the transfer of all officers connected with the conduct of elections until they are completed. The ban on transfers should be enforced and be effective from the date of announcement of the election (20th November 1984) till its completion i.e., 10th January 1985.

4. The Commission has also requested that Heads of Offices should not entertain applications for leave from now onwards up to the 10th January 1985, except on medical grounds or where the circumstances are exceptional in nature.

5. Apart from assistance by the Government of India employees in conduct of elections, a large number of vehicles will also be required for the quick and efficient conduct of elections. Attention is invited in this connection to the provisions contained in sub-section (1) of section 160 of the Representation of the People Act, 1951. For convenience of reference, the relevant portion of sub-section is reproduced below :-



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