COMPENDIUM OF INSTRUCTIONS


TRAINING

Training of polling and police officials associated with conduct of elections.

Election Commission's Order No. 62/ESO14/94/P.S.I. Dated: 14th September, 1994

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For ensuring the purity of electoral process and the smooth conduct of the elections, all the election related Officials, from the level of the Chief Electoral Officers, Returning Officers to the level of Presiding Officers and Polling Officers and from the highest level of functionary in the Police Administration to the lowest level of constable play a key role.

2. The smooth conduct of any election requires a great deal of advance preparation, perfect planning and proper coordination amongst the various levels of functionaries of different departments and correct understanding by every functionary of the role assigned to him. This calls for a perfect team work and absolute understanding amongst the members of the team in order that this objective is achieved.

3. The Commission has been directing the Chief Electoral Officers and the District Election Officers to organise training programs with practical rehearsals on the various steps involved in the conduct of elections. Attention in this connection is invited to para 12 of chapter XI of the Handbook for Returning Officers.

4. The quality of training will vary with the level of the group of Officials for whom the training is being organised. It is of utmost importance for every official associated with the conduct of elections that he should have a clear idea of the relevant provisions of the Constitution, the Representation of the People Act of 1950 and 1951, as also the rules made thereunder. In addition, the Commission has been issuing various directions and instructions from time to time on a variety of aspects covering the entire gamut of elections, and more specifically those relating to the code of conduct to be observed by the parties, candidates and their agents, the rules that should govern the conduct of Government Servants, curbs on misuse of unaccounted financial resources, limits on election expenditure of the candidates, proper maintenance of law and order during election period, identification of sensitive constituencies, special measures to prevent booth capturing, special drives to unearth illegal arms, restrictions on grant of new arms licenses, surrender of arms during specified periods, restriction on the sale of liquor during election period, regulation of vehicular traffic during elections and on the day of poll, prevention of defacement of public and private property, restrictions on use of loudspeakers and vehicles, the procedure for counting, the obligation of Returning Officers to get the Commission's permission for commencing counting and declaring results and so on.

5. Needless to say, all Officers, civil as well as police, should be through with such directions and instructions of the Commission which alone will enable them to enforce those directions and instructions.

6. With a view to familiarising fully the Officers of the law and order organisations, both in the District police set up as well as such other police organisations as may be involved in the conduct of elections, with the prescribed procedures, provisions of law and the Commission's standing and specific orders, directions and instructions, the Election Commission hereby directs that Police Officers from the level of Superintendent of Police to the level of Sub-inspector shall also be compulsorily trained on the conduct of elections.

7. The training for the Police Officers shall be held separately, where, apart from their responsibility for maintaining proper law and order during the entire periods starting with the announcement of elections and till the completion of elections, the necessity of ensuring the strict implementation of the various standing and specific orders, directions and instructions of the Commission calculated to ensure a peaceful, free and fair election should be emphasized. Special attention should be drawn particularly in respect of, but not restricted to, orders which need the active involvement of the Police for implementation, such as the standing orders/directions/instructions in regard to the identification of sensitive constituencies, seizure of illegal arms, surrender of licensed weapons, closure of liquor shops, restrictions on the use of vehicles, ban on use of any vehicle for transporting the elector on the day of poll. The Police Officers should also be given a training on the aspects relating to conduct of poll and counting so that they acquire a working knowledge of the duties of Polling and Presiding Officer and counting personnel and the statutory authority under which they work so that the Police Officers on duty can appreciate the action required to be taken by them and election-related functionary in the event of any infraction. The Police Officers should also be sensitised to the necessity for the strict implementation of the Model Code of Conduct, prevention of defacement of property, restrictions on the use of loudspeakers, unauthorised incurring of election expenditure in violation of Section 171H of the Indian Penal Code, Publication of election pamphlets and posters in violation of section 127A of the Representation of the People Act, 1951 and the necessity for ensuring that the electioneering does not result in trampling on the rights of the citizens to have a peaceful life and public peace and tranquility is not disturbed.

8. Action to be taken in the event of any person found impersonating any other elector, entering the polling station without authorisation of either the Returning officer or the Election Commission and the preventive action necessary for curbing, rigging and booth capturing should also be impressed upon. As immediate action against any violation will not only contain the situation but will also have a deterrent and demonstration effect, the Police Officers shall be directed to take the most expeditious and severe action as soon as any violation of the law and the Commission's orders/directions/instructions come, or are brought, to their notice. Effective deployment and the need for coordination with the counterparts in the civil administration shall also be highlighted.

9. For imparting such training, the Senior Superintendent of Police shall request the District Election Officer/Returning Officer to conduct such specialised training and rehearsals.

10. The senior most officer of the civil administration and the senior most officer of the police administration shall preside over the training programme, as is appropriate with reference to the level of the trainees.

11. Failure to abide by the above order will be viewed as a grave lapse and will be visited with utmost serious and severe disciplinary action against the guilty and all other action available to it under the law.

12. Receipt of this order shall be acknowledged forthwith.



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