LAW AND ORDER

Use of loudspeakers at General elections and Bye-elections - regarding.

Election Commission's letter No. 3/8/ES006/94/J.S II Dated: 1st Sept., 1994 addressed to

(1) The Chief Secretaries to the Government of all States and Union Territories, and
(2) The Chief Electoral Officers of all States and Union Territories.
_____________________________________________________________________

Subject : Use of loudspeakers at future general elections and bye-elections - regarding.

I am directed to state that the general elections are due to be held in the near future in the States of Arunachal Pradesh, Andhra Pradesh, Bihar, Goa, Gujarat, Karnataka, Maharashtra, Manipur, Orissa and Sikkim. Several bye-elections are also due to be held. The programs for these general elections and bye-elections will be announced by the Commission in due course.

2. In connection with their electioneering campaigns at the afore mentioned general elections and bye-elections, all political parties, candidates, their supporters and sympathisers will convene and hold public meeting and take out processions, etc., where loudspeakers will be used as one of the means of election propaganda and imparting information to public . The Commission has regulated the use of loudspeakers for such election campaign by its order No. 3/8/94/J.S.II dated 13th January, 1994 which was slightly amended by its message of No. 509/81/94/J.S.I, dated 13th May, 1994. An amended copy of the said order is enclosed for ready reference.

3. The Commission reiterates that its directions contained in the said order must and will be scrupulously enforced by all authorities concerned. The strict enforcement of these directions is essential not only to check noise pollution and disturbance of public peace and tranquility, but it will also help to a great extent in reducing avoidable election expenditure of political parties, candidates and their supporters and sympathisers. It is common knowledge that considerable expenditure is incurred not only on loudspeakers but also on various vehicles like trucks, tempos, cars, taxies, vans three wheeler scooters, cycle rickshaws, etc., which move with loudspeakers mounted/fitted on them in different parts of the constituencies.

4. The State authorities concerned with the grant of permission to hold public meetings or to take out processions, etc., where these loudspeakers are used, should so regulate, under the local law, these public meetings/processions that the same are not contained with the late hours in the night. Normally, such meetings/processions should not be allowed to continue beyond 10 p.m. in the night. They should also be subject to the local laws, local perceptions of the security requirements of the area, and all other relevant considerations like weather conditions, festival season, examination period, etc., etc.

5. The Commission will keep a close watch over the implementation of its above-mentioned directions and any violation of these will be viewed by the Commission seriously. Such violations will not only invite penal action against the political parties, candidates and their workers and sympathisers, but will also render defaulting officers liable to severe disciplinary action against them for dereliction of duties.

6. The Commission directs that the contents of the above said orders should again be given wide publicity through all media of mass communication for the information of all concerned.

7. These directions should also be brought to the notice, in writing, of all authorities responsible for the implementation/enforcement of these directions.

8. A copy of this order shall be made available to local units of all recognised National and State parties in English/Hindi and local official languages, and to each candidate at the time of his nomination, under acknowledgement.

9. The receipt of this letter should be acknowledged immediately.



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