VISITS OF MINISTERS AND MISUSE OF OFFICIAL VEHICLES/MACHINERY

General Elections/Bye-elections _ Restrictions on misuse of vehicles.

Election Commission's Order No. 437/6/96/PLN-III/, Dated : 16 January, 1996
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--------------------------------------------------------ORDER

Subject : General Elections/Bye Elections - Restrictions on misuse of vehicles.

The Commission has been issuing instructions on the subject of restrictions to be followed and observed on the misuse of vehicles during elections from time to time. The Commission has now directed that the following instructions in suppression of all earlier instructions shall be the standing instructions for all general/bye elections to the House of the people and the State Legislative Assemblies. These instructions are issued under Article 324 of the Constitution and all other powers enabling the Commission in this behalf.

2. Section 123(5) of the Representation of the People Act, 1951 provides that the hiring or procuring or use of vehicles by a candidate or his agent or by any other person with the consent of the candidate or his election agent for the free conveyance of the voters to and for from the polling station shall be a 'corrupt practice' for the purposes of the Act. Such a 'corrupt practice' attracts penalty and is punishable with fine which may extend to five hundred rupees under section 133 of the Representation of the People Act, 1951.

3. For an election to the House of the People, each contesting candidate, on the day of poll, will be entitled to:

(a) one vehicle for his own use in respect of the entire constituency.

(b) In addition, one vehicle for use of his election agent or workers or party workers, as the case may be, in each of the assembly segment comprised in the Parliamentary Constituency.

4. For an election to the State Legislative Assembly, on the date of poll in that Constituency each contesting candidate is entitled to:

(a) One vehicle for his own use

(b) One vehicle in total for the use of his election agent or workers or his party workers, as the case may be, for the vehicles, indicated above.

5. The permits for the vehicles indicated above will be issued by the District Magistrate/Returning Officer. The candidates are required to register their vehicles with the authorities concerned and display the permits issued by the authorities on the wind-screen of the vehicles. No other vehicles shall be allowed to be used by the leaders of the political parties including ministers, workers, agents and sympathizers of any candidate. No exception shall be made, irrespective of the status of the candidate.

6. The aforementioned restrictions shall apply to all vehicles propelled by mechanical power or otherwise including but not restricted to taxies, private cars, trucks, tractors with or without trailers, auto-rickshaws, scooters, mini buses, station wagons etc.

7. Penal action, both under the provisions of the R.P. Act, 1951 and Chapter IX A of the Indian Penal Code, shall be taken against anyone offending the above directions, in addition to action under the Motor Vehicles Act. All vehicles being used in violation of these directions shall be confiscated.

8. There is no intention on the part of the Commission to put a complete ban on all vehicular traffic on the polling day and thereby create difficulties or cause harassment to the public. For genuine bonafide use for purposes other than election, the following types of vehicles shall also be allowed to be plied on the day of poll and there will be no exception:

(a) Private vehicles being used by the owners for their private use, not connected with elections;

(b) Private vehicles being used by owners either for themselves or for members of their own family for going to the polling booth to exercise their franchise, but not going anywhere within a radius of 200 meters of a polling station;



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