LAW AND ORDER

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

---------------------------------------------------COPY
--------------------------------ELECTION COMMISSION OF INDIA

No. 3/8/94-J.S II --------------------------------------------------Dated: 13th January, 1994

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

Subject : Use of Loudspeakers for election campaigns.

All political parties, candidates and their workers, supporters and sympathisers use loudspeakers for their electioneering campaigns. These loudspeakers are not only used from fixed rostrums but also used mounted/fitted on vehicles like trucks, tempos, cars, taxies, vans, three wheeler scooters, cycle rickshaws, etc. These vehicles move on all roads, streets and lanes and also go around villages, basties, mohallas, colonies, localities with the loudspeaker broadcasting at very great volume. This results in serious 'noise pollution' and causes great disturbance to the peace and tranquillity of the general public. The student community, in particular, gets seriously disturbed as their studies are badly hampered because the loudspeakers start blaring from very early hours in the morning and continue to do so throughout the day and till extremely late hours in the night. The aged, the infirm and the sick whether in institutions, hospitals, etc., or at home are also put to severe discomfort.

2. The Commission is aware that the use of loudspeakers cannot be stopped altogether during the election period as the loudspeakers are one means of election propaganda and imparting information to public. But at the same time, indiscriminate and unfettered use of loudspeaker at odd hours and at odd places at very high volumes which have the effect of disturbing peace and tranquility and causing annoyance to the general public, the sick, and the student community in particular cannot be permitted. Some reasonable restrictions are essential.

3. After considering all aspects of the matter, the Commission, in exercise of its powers conferred by Article 324 of the Constitution and all other powers enabling it in this behalf, hereby DIRECTS that the use of loudspeakers at future elections shall be strictly regulated as follows:-

(i) The use of loudspeakers fitted on vehicles of any kind whatsoever for electioneering purposes during the entire election period starting from the date of announcement of election and ending with the date of declaration of result shall be permitted only between *06.00 a.m. and *10.00 p.m.. No moving loudspeakers shall be permitted to be used before *06.00 a.m. and after *10.00 p.m. in any area.

(ii) If for the purposes of any public meetings or processions any loudspeakers which are fully static are to be used beyond the said hours specific prior written permission shall be obtained from the Government authorities concerned. While granting such specific permission for public meetings, the Government authorities concerned shall satisfy themselves and ensure that public peace and tranquility is not disturbed thereby and shall lay down the hours strictly within which such use is permitted. At the same time, it shall be ensured that no room for any complaint is given that any political party or candidate has been favoured or discriminated against in the grant of such permission.

(iii) All loudspeakers whether used for general propaganda or for public meetings or processions and whether used on moving vehicles or otherwise shall be used during the restricted hours only mentioned in clauses (i) and (ii) above and never beyond.

(iv) Any loudspeaker being used beyond the hours as prescribed above or without the written permission of the authorities concerned shall be confiscated along with all the apparatus connected with the use of these loudspeakers.

(v) All political parties, candidates and any other persons using any loudspeakers on moving vehicles including but not restricted to trucks, tempos, cars, taxies, vans, three wheeler scooters, cycle, rickshaws, etc. shall intimate the registration/identification number of those vehicles to the authorities granting permission to use the loudspeakers and such registration/identification numbers of the vehicles shall be indicated on the permits granted by the authorities concerned.

(vi) Any vehicle on which a loudspeaker is used without the said written permit shall be confiscated forthwith along with the loudspeaker and all the apparatus used along with it*amended vide the Commission's message No. 509/81/94-J.S.I, dated 13.5.94 (copy enclosed).

(vii) All Political parties, candidates and every other person using any loudspeaker either on a moving vehicle or at a fixed place shall intimate
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* Amended vide Commission's message No.509/81/94/J.S.I,dated 13th May, 1994



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