APPOINTMENT OF ELECTION STAFF AND DISCIPLINARY CONTROL

Verification of antecedents and replacement of officers against whom disciplinary action was taken or who have suspected political leanings.

No. 464/94 ------------------------------------Dated : August 12, 1994.

------------------------------------Order

01. The terms of the existing Legislative Assemblies of the following ten States expire on the dates indicated against their names :-

State -------------------------------------------Date of Expiration

01. Sikkim ------------------ -------------------14.12.94
02. Karnataka ------------ --------------------17.12.94
03. Andhra Pradesh------- ----- ------------02.01.95
04. Goa ------------------------ ---------------- 21.01.95
05. Manipur ------------------------------------01.03.95
06. Bihar --------- ------------------------------15.03.95
07. Gujarat ------- -----------------------------15.03.95
08. Maharashtra - ----------------------------18.03.95
09. Orissa ------------ --------------------------18.03.95
10. Arunachal Pradesh . -------------------25.03.95

02. Under section 15 of the Representation of the People Act, 1951 (43 of 51), notification calling general elections to constitute a new Legislative Assembly of a State can be issued any time during six months before the expiration of the term of the existing Assembly.

03. Accordingly, general elections in the above mentioned states have become imminent and will be notified at an appropriate time subject to fulfillment of all constitutional and statutory requirements.

04. It has been brought to the notice of the Commission that political parties, particularly, ruling political parties in some of the above mentioned States, have started undertaking a number of such activities as are likely to vitiate the possibilities of holding peaceful, free and fair elections.

05. In particular the Commission has received complaints to the effect that -

(1). "Inconvenient" Officers occupying statutory positions in the conduct of elections such as District Election Officers, Returning Officers, Assistant Returning Officers, Electoral Registration Officers and Assistant Electoral Registration Officers are being replaced by other officers based entirely on political considerations, on a large scale.

(2). Officers occupying key positions in the maintenance of law and order responsible for ensuring peaceful, free and fair polls, are being replaced based on political considerations on a large scale.

(3). Concessions are being announced by some State Governments in matters of taxation, licensing, employment matters, etc., etc., with the overt intentions of mustering electoral support of particular sections of society rather than on the principles of justice and fair play.

(4). Criminal cases against known bad characters and musclemen are being deliberately and systematically underplayed at the stage of investigation and prosecution with a view to using their services in electioneering.

(5). Criminal cases are being registered against certain individuals entirely based on inter-party rivalries.

06. The Commission wishes to make it absolutely and unequivocally clear that it will not remain to be a silent spectator to these tactics to "hijack" free and fair elections.

07. Immediately after the announcement of elections the Commission will -

(1). Scrutinize in full detail the antecedents of each and every statutory and election related officer and seek replacement of all officers who have suspected political leanings and are found to be working under partisan pressures and temptations, keeping in view the suitability and competence of the concerned officers for the concerned electoral assignments;

(2). Direct the State Governments to hold in abeyance all such concessions as tend to sully the purity of election process by influencing the conscientious exercise of the right of franchise on the part of a group of electors:

(3). Direct the State Governments to launch a special drive for preventive action against criminal elements and monitor its non-partisan implementation in each and every constituency;

(4). Direct and enforce such other corrective measures as are considered necessary to restore the possibility of free and fair elections and the confidence of the electors in the same in any specific constituency in which it is found to have been undermined.

To

1. The Chief Secretaries of all the above States.

2. The Chief Electoral Officers of all the above States.



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