LAW AND ORDER

Preventive action to ensure conduct of peaceful,free and fair poll during the forthcoming general elections.

Election Commission's Order, No. 464/96 (L&O) Dated: 17th January, 1996
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Subject : Preventive Action to ensure conduct of peaceful, free and fair poll during the forthcoming general elections.

------------------------------------------------ORDER

1. The Commission being deeply aware of the increasingly vitiative role of criminality and muscle power at elections has been taking, and directing the taking of a number of measures over and above the purview of normal law and order arrangements, for augmenting the possibilities of peaceful, free and fair poll. These measures include the deployment of Central Police Forces during the process of elections to assist the State law and Order machinery in prevention of pre-poll, poll and post-poll violence and inspire confidence in the impartiality of election machinery among the common electorate, regulation of vehicular traffic, regulation and ban on the sale of liquor in close proximity with the dates of poll and counting, seizure of illicit and licensed arms, etc., etc.

2. These extra measures taken by the Commission cannot absolve the normal law and order outfit of the State from taking such preparatory steps as are necessary for generation of an atmosphere conducive to the conduct of peaceful free and fair poll during the run up period to the elections. It is indispensable to tighten the local law and order outfit and enforce with adequate strictness the day-to-day criminal administration with a view to mitigating the requirement of the aforesaid extra measures.

3. The Commission desires these States to undertake the following prophylactic measures immediately and report regularly the progress and effect of these measures in the context of possibilities of holding peaceful, free and fair elections:

3.1 A special drive should be launched to compile a list of such persons as are reported to have indulged in electoral offences like booth capturing, intimidation, impersonation in each police station of each and every constituency during the past at least two elections and a list thus compiled of each constituency made available to the concerned District Election Officer and the Returning Officer of each Assembly Constituency to be forwarded to the Commission if and when asked for.

3.2 A special drive should be launched to update the lists of history sheeters, declared absconders, fugitive criminals in each police station falling in each and every Assembly Constituency and record of such updated listed handed over to the District Election Officers and Returning Officers concerned, constituency wise, with a view to be kept ready for dispatch to the Commission if and when asked for.

3.3 A special drive should be launched to effect the service of all pending warrants and challans in each police station of each and every Assembly Constituency and fortnightly updated constituency wise information of unserved warrants be made available to the concerned District Election Officer and Returning Officer to be forwarded to the Commission if and when asked for.

3.4 A special drive should be launched to expedite the investigation and prosecution of all electoral offences registered in previous elections in each police station of each and every Assembly Constituency and a fortnightly report made available to the concerned District Election Officer and Returning Officer to be forwarded to the Commission if and when asked for.

3.5 The States should conduct a 100% scrutiny of licenses of arms and ammunition shops with a view to ensuring that the records of their stocks are kept up-to-date and that their antecedents, recent involvement in irregularities, if any, and political leanings, if any, warrant a close super checking and monitoring of their business during the days of active electioneering.

3.6 A special drive should be launched to unearth illicit arms and ammunition in each police station of each and every Assembly Constituency and information of seizures should be made available fortnightly to the concerned District Election Officer and Returning Officer constituency wise to be forwarded to the Commission if and when asked for.

3.7 A special drive should be launched to unearth illicit liquor making factories and information about seizures made available to the concerned District Election Officer and Returning Officer fortnightly to be forwarded to the Commission if and when asked for.

4. A copy of this order in English and Hindi and the local official language (s) should be made available to all recognised political parties immediately and to each candidate or the agent authorised by him at the time of filing nomination (repeat filing nomination and not scrutiny of nomination) under acknowledgement.

5. The receipt of the order may please be acknowledged forthwith and its contents given widest possible publicity through the most effective local media.



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