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Appointment of Election Agents/Counting Agents-clarification regarding sitting Ministers being appointed.

Election Commission's Letter No. 464/INST/97/[MIN]/PLN-1, Dated : 3-3-1997, addressed to The Chief Electoral Officers of All States & Union Territories.
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Subject :- Appointment of a Election Agents and Counting Agents.

I1. It has come to the notice of the Commission that sometimes in the elections a candidate appoints a sitting Minister as his Election Agent for Counting Agent to facilitate his electoral activities. There have been objections raised from several quarters where this has occurred.

2. The Commission has examined this issue at length and feels that there is some substance in the charge that these actions are resorted to in order to over-awe the polling and counting staff who are officials in the Government.

3. More importantly, provisions under the standing instructions under the Conduct of Elections Rules, 1961 state that security personnel are not allowed to enter the counting hall of the polling booths. Thus the Minister of a Government whose security needs has been assessed, and thereafter such security has been extended to and funded for him by the State will be entering into these premises without the security cover that he is required to have by virtue of the office he holds. Deliberately jeopardizing one's own security is a choice that cannot be allowed to be exercised by the recipient of such security.

4. As the personal security allowed to the Minister is a serious business, the Election Commission feels that it should not be jeopardizing and, therefore, a Minister should not be allowed to function as an Election Agent, Polling Agent or a Counting Agent of any candidate. This may please be brought to the notice of the Returning Officers of all parliamentary and assembly constituencies.

5. Receipt of the this letter may kindly be acknowledge.



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