POLL

Steps to prevent commission of irregularities by Presiding officers.

4. In order that no irregularities of any type are committed by the Presiding Officers and Polling Officers in the conduct of poll at the polling stations and the poll is taken strictly in accordance with the relevant statutory provisions and the directions and instructions of the Commission, the Commission hereby directs that-

(i) In all training/rehearsal classes for the polling personnel, not only will the polling process be explained and demonstrated in detail but there will be compulsory emphasis on all the statutory requirements and the directions and instructions of the Commission and emphatic insistence on the strict observance of the same by the Presiding Officers and the Polling Officers without fail;

(ii) In such training/rehearsals classes, it will be unequivocally and unambiguously brought home to all polling personnel that any irregularity or lapse on their part will be viewed with the utmost concern by the Commission and the defaulting officers will not only be visited with stringent penalty under the disciplinary rules, but they will also be liable for prosecution (a) under Section 134 of the Representation of the People Act, 1951 for the offence of breach of official duty which is a cognizable offence and punishable with fine up to Rs. 500/-, and (b) in appropriate cases, even under Section 135A of the said Act for the offence of booth capturing or aiding or conniving in such offence which is punishable with imprisonment for a term which shall not be less than one year but which may extend to three years or with fine;

(iii) In case any irregularity or lapse is observed on the part of any Presiding Officer or Polling Officer despite the unequivocal and unambiguous instructions at the training/rehearsals classes as contemplated in sub-paras (i) and (ii) above, the Returning Officers shall forthwith, and in any case within one month of the declaration of the result of election in the constituency, initiate proceedings before the competent Court against the defaulting officers under the aforesaid sections 134 and/or 135A of the Representation of the People Act, 1951.

(iv) The Returning Officers shall simultaneously initiate the disciplinary proceedings against the defaulting Presiding Officers and Polling Officers for the aforesaid irregularities/lapses; and

(v) The Returning Officers shall thereafter report full facts of all such prosecutions launched and the disciplinary proceedings initiated, to the Election Commission and to the Chief Electoral Officer within 15 days of the launching of such prosecutions/proceedings.

To

1. The Chief Secretaries to the Governments of Arunachal Pradesh, Bihar, Gujarat, Maharashtra and Orissa.

2. The Chief Electoral Officers of Arunachal Pradesh, Bihar, Gujarat, Maharashtra and Orissa. A copy of this order in English/Hindi as well as in local official language(s) shall be made available to every Presiding Officer at the time of training.

3. Copy also forwarded for information and similar action at all future elections to the Chief Secretaries and Chief Electoral Officers of all other States/Union Territories.



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