FAX/SPEED POST/CAMP BAG
ELECTION COMMISSION OF INDIA
Nirvachan Sadan, Ashoka Road, New Delhi – 110 001
K. R. PRASAD
SECRETARY (PLANNING-II)
No.434/1/98/PLN-III Date:10th January,
1998
To,
The Chief Secretaries of
all States and Union Territories.
Subject: Ban on Transfers of Officers connected with
the General Elections/Bye-Elections.
The Commission has announced a detailed programme for
holding of General Elections to the Lok Sabha and the
five State Legislative Assemblies of Meghalaya,
Nagaland, Tripura, Himachal Pradesh and Gujarat and
Bye-elections to the Legislative Assemblies of
certain States.
2. With the announcement of elections, the Model Code
of Conduct and the orders regarding ban on transfers
of officers connected with General
Elections/Bye-elections has come into force with
immediate effect. Attention in this regard is invited
to Commission’s Order No.437/1/98/PLN-III dated
1.1.1998 addressed to all Chief Secretaries and Chief
Electoral Officers on the subject.
3. The Commission, therefore, directs that there
shall be a total ban on the transfer of all
officers/officials connected with the conduct of the
elections. These include but are not restricted to:
(i)The Additional/Joint/Deputy and Assistant Chief
Electoral Officers.
(ii)Divisional Commissioners and all other Revenue
Officers up to the lowest level.
(iii)The District Election Officers/Returning
Officers and Assistant Returning Officers.
(iv)Officers of the Police department from the rank
of DG/DIG downward to Superintendents of Police,
Deputy Superintendents of Police and other senior
level police officers like S.H.O., or up to Police
Station Incharge.
(v)Block Development Officers and Officers of local
bodies who are entrusted with the election work.
4. This ban shall be effective till the completion of
the elections. The Commission further directs that
the State Government should refrain from making
transfer of even those officers/officials who may be
in any position to influence the voters through the
position of the office they hold.
5. The Commission will, however, consider such cases
of transfer of officers/officials connected with
elections which are deemed absolutely necessary due
to certain circumstances. The State Governments
should make specific references to the Commission on
all such proposals along with full justification for
the same. Each such case will be considered on merit.
Regarding transfers of officers who are not directly
connected with elections, the Chief Electoral
Officers may give approval for all such cases after
thorough scrutiny and in absolutely essential cases.
6. The Commission is duty-bound to ensure that the
elections are conducted in a free and fair manner. It
is, therefore, essential that no officer/official is
transferred under any kind of influence. The
Commission will, therefore, not hesitate to take the
strictest possible action for any violation of its
orders.
(K.R. PRASAD)
SECRETARY
Copy to the Chief Electoral Officers of All
States/Union Territories with the direction that they
should keep the Commission informed of all proposals
of transfers. All violations should be immediately
brought to the notice of the Commission. The Chief
Electoral Officers will be personally responsible for
keeping the Commission informed.
(K.R. PRASAD)
SECRETARY
STANDARD DISTRIBUTION
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