NOMINATION OF CANDIDATES

Multiplicity of candidates at elections measures to reduce (dt. 27.04.1994).

Election Commission Letter No. 3/ER/94/J.S.-II Dated: 27th April, 1994, 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: Multiplicity of candidates at elections - Measures to reduce - Regarding.

The Commission has observed with concern the increasing multiplicity of the candidates at every succeeding elections to the House of the People and the State Legislative Assemblies. A very large percentage of such candidates are 'Independent Candidates' and barring a few exceptions, almost all of them lost their deposits having failed to secure the minimum number of votes required for the return of their deposits.

2. While increase in the number of candidates in every succeeding election may be ascribed, to some extent, to the increasing awareness about the democratic rights on the part of the general public, one other possibility is that some contesting candidates put up dummy candidates with the aim of procuring in their favor additional facilities and manpower in the form of polling agents and counting agents during the process of the elections by availing of those facilities and manpower which would be available to those dummy candidates.

3. Some of the provisions of law and Standing Orders of the Commission providing for certain facilities to the candidates which are misused in this connection are as follows:-

(i) Section 40 of the Representation of the People Act, 1951 which authorises a contesting candidate to appoint one person other than himself to be his election agent.

(ii) Section 46 of Representation of the People Act, 1951 read with Rule 13 of the Conduct of Elections Rules, 1961 which authorises a contesting candidate or his election agent to appoint one polling agent and two relief polling agents a every polling station.

(iii) Section 47 of the Representation of the People Act, 1951 read with Rule 52 of the Conduct of Elections Rules 1961 which authorises a contesting candidate or his election agent to appoint counting agents upto 16 for every place of counting, subject to the Commission's directions.

(iv) The instructions issued by the Commission to all State Governments to provide personal security to all contesting candidates and their agents.

(v) The instructions of the Commission to every Returning Officer to allow each contesting candidate to ply on the day of poll (i) One vehicle for his own use, and (ii) one more vehicle for each assembly constituency/assembly segment in the case of Parliamentary Constituency, for the use of his agents.



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