LAW AND ORDER

General elections/Bye-elections - free and fair elections - Special measures to prevent booth capturing.

Election Commission's letter No. 464/96/L&O/PLN-I, Dated 14th March, 1996, addressed to (1) The Chief Secretaries of all States and Union Territories and (2) The Chief Electoral Officers of all States and Union Territories
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Subject : General election/Bye-elections - free and fair elections - Special measures to prevent booth capturing.

The Commission from time to time has been emphasising the need for identifying sensitive and trouble-prone areas from the point of view of elections. It has been stressed that prior identification would facilitate in effective prevention of commission of serious irregularities at the time of polling. Such measures will be a safeguard against evil and corrupt practices, booth-capturing, intimidation of voters, large-scale impersonation, violence etc.

2. Among others the following may be considered as guiding factors in identifying sensitive and trouble-prone areas/polling stations;
i) Past history of the constituency or polling area;

ii) Incidents of booth-capturing, violence, riots large-scale impersonation.

iii) Information regarding abnormal law and order situation in particular area or region of the constituency.

iv) Specific complaints made by political parties and candidates;

v) Nature of contest viz. political status of candidate;

vi) Political rivalries;

vii) Number of history sheeters and absconders; and

viii) Number of SC/ST electors.

3. The identification of these trouble prone areas should be done by the District Magistrates in consultation with the Superintendent of Police on the basis of the identification made by the district authorities. Consolidated lists of the sensitive polling stations should be sent to the Commission by the Chief Secretary after consulting the Chief Electoral Officer.

4. From past experience, it is observed that there had been a tendency on the part of district authorities/State Government to identify almost every polling station as sensitive. This defeats the very purpose of identifying specific areas which require special attention. It is, therefore, directed that identification of sensitivity of the areas/polling station should be done after a very close and careful scrutiny of all the factors that would render a polling station/area "sensitive". This should be done after taking into account all factors into consideration and not in a routine manner. For obvious reasons there can be no 'standard" ceiling for such sensitive polling stations. The number would vary from State to State and from district to district. After taking into account local and administrative realities at the ground level not more than a reasonable percentage of polling stations should be identified as sensitive.

5. Such exercise to identify the sensitive and trouble prone areas should start immediately on the announcement of elections. Lists of such identified areas should be sent to the Commission immediately after the last date for withdrawal of nominations.

6. A contingency plan to effectively tackle the problems also may be prepared and kept in readiness.



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