SETTING UP OF ELECTION BOOTHS NEAR POLLING STATIONS

Maintenance of Law and Order and prevention of electioneering within the prohibited areas around polling stations.

Election Commission's Order No. 576/11/ES028/95/J.S.II Dated: 10th January, 95

----------------------------------------------------ORDER

SUBJECT: Maintenance of law and order and prevention of electioneering within the prohibited area around polling stations.

Para 3 of Chapter XI of the Hand Book For Presiding Officers (1994 Edition) provides that:-

``No election booths of the candidates should be allowed to be set up as such booths pose many difficulties in the way of holding free, fair and smooth elections by creating obstructions to voters, confrontation among various party workers and law and order problems. However, the candidates may provide one table and two chairs for the use of their agents and workers for the distribution of un-official identity slips to voters beyond a distance of 200 meters from the polling stations with an umbrella or a piece of tarpaulin over their head to protect them from the sun/rain. No crowd is allowed to collect around such tables".

2. The above instructions have also been reiterated in Para 4 of Chapter VIII of the Hand-Book For Candidates, (1994 Edition).

3. The Commission has been constrained to observe during some recent elections that the aforesaid instructions of the Commission are frequently violated and misconstrued more as a facility by the candidate and the political parties rather than as a restriction on electioneering and prohibition on commission of electoral offences like intimidation of voters, candidates, agents and workers of political parties, crowding and breaches of law and order.

4. In view of the above the Commission, hereby, wishes to reiterate and direct all concerned in specific terms as follows:-

1. No booth shall be set up within a distance of 200 meters from the polling station. Even where more than one polling station has been set up in the same premises, there shall be only one booth of a candidate for such group of polling stations beyond a distance of 200 meters from such premises.

2. Only one table and two chairs shall be provided at such booth with an umbrella or a piece of tarpaulin to protect the two occupants of those chairs at the booth from the sun/rain. Such booth shall not be enclosed by Kanats, etc.

3. Each candidates wishing to set up such booths shall intimate, in writing in advance, to the Returning Officer, the names and Sl. Nos. of the polling stations where such booths are proposed to be set up by him. He shall also obtain the written permission of the concerned Government authorities or local authorities like Corporations, Municipalities, Zilla Parishads, Town Area Committees, Panchayat Samitis, etc., under the relevant local laws before setting up of such booths. Such a written permission must be available with the persons manning the booth for production before the police/election authorities concerned on demand.

4. Such booths shall be used only for the sole purpose of issuing unofficial identity slips to electors. These unofficial identity slips shall be printed strictly in accordance with the instructions of the Commission on the subject without the name or symbol of the candidate or the name of the political party.

5. No crowds shall be allowed to collect at such booths in any circumstances. Nor shall any person be allowed to come to the booth who has already cast his vote at the polling station. This would be evident from the indelible ink mark on his left forefinger.

6. The persons manning the booths shall not cause any obstructions whatsoever in the way of voters proceedings to the polling stations or prevent them from going to the booths of other candidates or create any other sort of hurdles whatsoever in the right of voters to exercise their franchise according to their own free will.

7. The Commission hereby warns all concerned that any violation of the above directions will be viewed by the Commission with the utmost gravity and most stringent action possible under the law, including but not restricted to the removal of such booths forthwith will be taken against the candidates and/or their agents/workers responsible for any such violations.

8. If any officer is found to have failed to take prompt and expeditious action to ensure the strict compliance of the above mentioned directions, he will render himself liable to strict disciplinary action apart from any penal action as may be called for against him for failure to discharge the official duty.

9. A copy of this order in English/Hindi and in local official language(s) shall be made available to the local units of all recognised National and State Political Parties immediately, and to each candidate, or the agent authorised by him, at the time of his nomination under acknowledgement.

1. The Chief Secretaries of Govts. Of all States and Union Territories.

2. The Chief Electoral Officers of all States and Union Territories.



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