Elections and Model Code of Conduct(MCC)

"For General Awareness apropos of MCC"
Dates and Phases in which the parliamentary elections across the country are to held have been announced by the Election Commission of India(ECI) through a press note.
With this announcement of poll dates the Model Code of Conduct(MCC) is in force till election processes are over by way of declaration of results by the Returning Officer to say the least.
In this charged atmosphere of electoral processes having been started since the very press note MCC has become a buzz word today doing rounds in all official and political circles. Every officer connected with the task of elections and all political functionaries are guarding their conduct so that they do not come under the net of MCC violations.
The writer of this write up is associated with this electoral exercises in the capacity of senior incharge of the MCC cell constituted in the district for the purpose. The duty and responsibility of the MCC cell in the district, amongs other things is to keep the Election related officials entrusted with the task of conducting elections updated with respect to the provisions of the MCC. This is with an objective of ensuring  compliance on part of all i.e candidates, political functionaries and officials doing their political work/duty in a well informed environment without having an element of uncertainty born out of lack of awareness in the matter.
In what is represented below is an attempt to compile in brief category wise (officials, political functionaries/executives) these guidelines issued by the Election Commission through a number of letters since 1996 when a writ petition (Harbans Singh Jalal v/s Union of India & Others) was filed against the Election Commission's direction to make Model Code of Conduct from the date of announcement of programme for General Election to the Punjab Legislative Assembly in December 1996. In the judgement the Court upheld the ECI direction in the matter.
What exactly is the MCC?
The ECI has prescribed a set of guidelines whose objective is to regulate the conduct of not only political parties, political functionaries/executives and candidates but also the officials entrusted with the task of conducting elections.
Objective of MCC
The purpose behind the said MCC and their scrupulous compliance is to achieve two fold objectives which are-
1. To conduct election in a free, fair and transparent way which the ECI is  constitutionally duty bound to ensure. It also helps the ECI towards upholding the credibility of electoral processes and elections which is its precious possession duly recognized the world over.
2. The MCC seeks to provide the level playing field to all parties and candidates irrespective of whether or not they are in power. Hence the electoral game is allowed to be played in an environment of impartiality and without favour to none. This is to ensure equality of treatment where all candidates/political party in respect of providing facilities which are admissible under the Code.
Provisions of MCC in respect of Officers/officials(enlisted in brief)
Transfer of officials--
A. During the period MCC is in force all the officials are presumed to on deputation and they function under the control and directions of the ECI. The Cental/State or even Local Self Government cannot transfer their officers without prior approval of the ECI.
B. Officials who, on cut off date fixed by the ECI as 31.05.2019, complete three years of their service to a post(including holding the same by way of promotion) in a particular district were directed to be transferred to other district. Police personnels at the rank of Sub-Inspector are transferred under this criteria to a different assembly constituency if their present district of posting has more than one assembly constituency and if not then to other district. The above criteria of transfer does hold for doctors or personnel doing technical work.
What is not permitted to be done by the Government and its officials during the period MCC is  in force-
The Government and the officials connected with the task of elections have to ensure that----
*No officer whose spouse is active in political domain can avail headquarter leave till the completion of the electoral process.
*No work or project which has not started in the field as yet will start despite it being sanctioned.
* No meeting with Minister when the latter happens to be on his/her private tour.
* No Organization of Video Conferencing with/for political executive.
* No release of fresh fund for starting a project.
*No major tenders is be floated.
*No fresh contract
*No announcement of any new welfare schemes.
*No announcement related to waiver of loans whatsoever.
*RBI can't enhance interest rate during this period.
*No indiscriminate disbursement of loans, enhancement of credit limit with respect to a scheme which financially support in part or full by the government.
*No major auctions take place.
*No publicity of any government program related achievements at the state exchequer is not allowed.
*No banner, poster having photos of Political Executives including Chief Minister/Prime Minister will be allowed to remain in the public domain.
*No Photo of political executives(CM/PM) displayed on the official websites of the government and its departments will be allowed to remain. Such photos will be required to be removed.
* No Banners, posters defacing government property, public property is allowed with the day when elections have been announced. All such banners, posters have to be removed from government property and public property within 24 hours and 48 hours respectively. As for private property any banner, poster, flagstaff etc. thereupon is allowed only after the written permission of the owner/legal occupier of the said properties as per the provisions of The Bihar Prevention of Defacement of Property(Amendment) Act, 2010.
The following are permitted without seeking reference to the ECI
*Works or project which actually had started in the field before the MCC will continue.
* routine maintenance work.
*State Utility Scheme that has been brought to the stage of completion may get started without any delay but without any fanfare or participation of political executives.
*payment against the work already executed or completed subject to the full satisfaction of the authority making such payment.
*Appointments carried out by the authorized agencies like UPSC. Otherwise no appointment or promotion is permitted without the prior approval of the ECI.
*Extention of term of an official for further period except officials related to conduct of election.
*Promotion of officials by convening DPC and filling regular posts falling due to retirement, deputation, etc.
*Appointment of persons on compassionate grounds in pursuance of Court's orders.
*Providing additional charge of office of one officer to another one.
*Celebration of "May-Day"
*Transfer/posting of doctors
*To shift criminals from one jail to other jail in pursuance of Court's orders.
*Recruitment rally to enroll youth into the Army.
However it is made clear that while doing these as enumerated above no impression is given or created that the same has been done with a view to influencing the electorate in favour of ruling party.
Intimation to the ECI is mandatory and approval is desirable in the following-
* for carrying out any relief operations to meet any emergency born out of unforeseen calamities. The point is that the ECI does not prohibit starting any relief measures save that it is duly intimated to it.
*All Government of India references to the Election Commission of India shall be made preferably through the Cabinet Secretariat. In so far reference from State Governments are concerned, this will be made to the ECI through the Chief Electoral Officer(CEO) of the state concerned.
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MCC for Ministers, political parties, candidates.
For Minister--
*No minister will undertake any official tour during the period MCC is in force.
*If in the public interest such official tour is unavoidable, the same can happen only after a letter to the Chief Secretary of the concerned state where such official tour is to take place by the secretary of the department of which the Minister is associated by being its head or otherwise.
* Even in such official tour by the Minister the official vehicle will remain without Siren, Beacon Lights or colour lights etc. It will apply without any relaxation where the State administration has granted the minister a security cover requiring presence of armed guards to accompany him on his private or official visits.
Clarification-on the day of poll, no person who has been assessed to be having a security threat and therefore given official security shall enter the vicinity of a polling station premise within 100 meters with his security personnel.
Clarification--No person who has been assessed to be having a security threat and therefore provided official security or who has private security guards for himself shall be appointed as an election agent or polling agent or counting agent.
Clarification--No such person provided with security of armed guard shall move around in a constituency with his security personnel. If the person provided with official security happens to be a voter also he will restrict his/her movement accompanied by security personnel, to voting only.
Clarification--the ECI has decided that while the political functionaries provided with bullet-proof vehicles on security considerations may continue to use the bullet-proof vehicle during the period of operation of MCC the cost of propulsion of such vehicle should be born by the person concerned when it is used for non-official purposes during such period. If the person is a leader of political party under explanations 1and2 of Section 77 of the Representation of the People Act,
*It is open for a minister of the Union or State to make private visits using his or her private vehicle(s). For such private visits, the official personal staff of the minister shall not accompany them.
Exceptions--a) one member of non-gazetted officer as personal staff has been allowed to accompany the Chief Minister on his/her personal or private tour. But such personal staff shall not take part in any political activity or assist the Chief Minister in his/her political work.
                      b) restriction regarding personal staff members who can accompany on personal/private tours shall not apply to the Prime Minister.
*Ministers are entitled to use their official vehicles only from commuting from their official residence to their office for official work provided that such commuting is not combined with any electioneering or political activity.
* Minister will not mix his official tour with private one.
  Clarification--The Prime Minister is exempted from the operation of the Model Code of Conduct provisions pertaining to the combining of official visit with electioneering visit.
Clarification-- A journey undertaken by a Minister for filing nomination papers and subsequent tours to his constituency should be regarded as being for election purposes.
*Minister shall not be given protocol gesture by officers who will not receive, see off any minister on official or non official visits of political or private nature. Only normal courtesies and security shall be his due to be given by district officers while the minister is on tour.
* The role of officials at election meetings should be confined to maintaining law and order and affording normal protection to Ministers.
*all arrangements on behalf of the minister with respect to any meeting connected with electioneering by him will be organized by non- officials and not by government servants.
*Minister will not summon any election related officer of the constituency or the State in which the elections have been announced , to a place or office or guest house within or outside the said constituency for any official discussion.
*Minister shall not call any review meeting with officers.
*Minister will not lay foundation stones etc. of projects or schemes.
*Ministers and authorities shall not sanction grants/payments out of the discretionary funds from the time elections are announced.
  Exception--a minister, in his capacity as incharge of the concerned department or a Chief Minister undertakes an official visit to a constituency, may summon any election related of this constituency, in connection with failure of law & order or a natural calamity or any emergency which requires personal presence of such Minister/ Chief Minister for specific purpose of supervising/review/salvage /relief and such like purpose.
Visits of the members of National Commission for Schedule Castes or any other similar National/State Commission
The ECI advises that no official visits should be made by these Commissions unless such visit becomes unavoidable in an emergent situation.
Display of names of MPs etc. on water tankers etc. is not permitted. The ECI directs these moving vehicles be covered suitably during election period as such vehicle moving from one place to another may be considered as a form of election campaign in favour of MP/MLA concerned.
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MCC for political parties/candidates
Election Campaign
*List of Don'ts
A. During the election campaign, no party or its leaders, political functionaries or candidate shall do any activity
that creates
                   tension
                   mutual hatred
                            Or
That aggravates
                    existing differences
         between different Castes and Communities(religious or linguistic)
B. No religious places like Temple, Mosque, Church, Gurudwara etc. shall be used as forum  for political meeting and campaign.
C. No political activity shall be permitted by any vehicle in respect of which no permission has been obtained. However, the ECI does not restrict the number of vehicles that a candidate can use during election subject to the conditions that
           the expenses connected therewith is properly and scrupulously maintained in the Account Book provided at the time of filing nomination to the candidate by the Returning Officer for the purpose of maintaining election expenditure incurred by him.
         Besides, it is also made clear that on the day of poll the number of vehicle that can be used by a candidate, election agent or party workers is restricted as follows -
      For election to the House of People
      a) One vehicle for candidate's own use in respect of entire constituency
      b) One vehicle for candidate's election agent for entire constituency.
      c) in addition, one vehicle for use of candidate's workers or party workers in each of the assembly segments comprised in the Parliamentary Constituency.
      For an election to the State Legislative Assembly
             a) One Vehicle for candidate's own use
             b) One vehicle for use of candidate's election agent
             c) One vehicle for use of candidate's workers or party workers.
  
D. No candidate shall go to the office of the Returning officer(RO)for filing a nomination with a procession. The maximum number of vehicles that will be allowed to come within the periphery of 100 meters of Returning Officer's office has been restricted to 3 and maximum number of persons that will be allowed to enter the office of the RO has been limited to 5(including the candidate)
E. No candidate or political party or their leaders/workers shall make use of educational institutions including their grounds(whether Govt. aided, Private or Govt.) for political campaigns and rallies.
F. Supply and distribution of main apparels like saree, shirt etc. by party/candidate is not permitted. However wearing of special accessories like cap, mask, scarf etc. of a candidate is permitted provided they are accounted for in the election expenses of the candidate concerned.
G. Candidate shall not print and distribute the diary/calender/sticker depicting his image or image of Gods/deities.
H. Candidate shall not hold public meeting (at any public or private place) or take out procession without obtaining prior written permission from concerned police authorities.
I. No loudspeaker will be used by a candidate or his party in any political activity unless a prior written permission has been granted by the competent authority. It is made clear that Loudspeaker cannot be used at night between 10 P. M and 6.00A.M.
J. Public meeting/procession cannot be held during the period of 48 hours ending with hour fixed for the conclusion of poll.
K. The unofficial identity slip issued by the party or candidate, on white paper, shall not contain the name of candidate, his photograph or symbol. Such unofficial identity slip shall contain only the particulars of the voter i.e name, serial number of the voter, part number in the electoral roll, name of polling station and date of poll only.
L. Transmitting objectionable messages on SMS is prohibited.
M.  No permit for vehicle shall be made by the district officials if it is intended to be used by the star campaigner. Such permit shall be issued centrally by the Chief Electoral Officer. The expense associated with the campaign by the star campaigner is not to be entered in the candidate's expenses but in the account of the political party to which the star campaigner is related.
N. The convoy of vehicles used in road show and rally shall not consist more than 10 vehicles excluding security vehicles. If more than 10 such vehicles whose permission have been obtained for such road show or rally there shall be a separation of 200 meters between such sets of convoys comprising 10 vehicles each excluding security vehicles. The authorities will not give permission for such road show in working days and during peak hours.
O. No printed leaflets, pamphlets for campaigning shall be without the name and address of the printer or publishers.
Similarly, broadcast or telecast of any election matter would be covered under 126 of the R. P. Act, 1951.
P. No contesting candidate shall ignore the notice /schedule issued for getting their election related expenditure verified by the accounting teams functioning under the supervision and control of the expenditure observer.

                         On Poll Day
Q. No person is allowed to either carry or use mobile phones, wireless set etc. in 100 meter perimeter of the polling station described as the "polling station neighborhood and within the polling booth.
R. No person will go armed with arms of any kind as defined in Arms Act, 1959 within the neighborhood of the polling station on the day of poll.
S. No candidate or political party or persons acting on behalf of them in manner whatsoever will carry any voter to or from polling station by any kind of vehicle used for transport. It is a criminal offence. (refer Sec. 133 of the R. P. Act. 1951)
T. The candidate or his agent or party workers shall not be allowed to use vehicles other than four/three /two wheeler vehicles. In these vehicles not more than 5 persons including drivers are allowed to move on the day of poll.
U. Vehicle allotted for candidate's use shall not be used by another person.
V. Candidate shall not appoint a person polling agent who is not resident of the polling area and at the same time the person appointed polling agent must be an elector of concerned polling area.
The above restrictions shall not apply in case the polling station is exclusively
by women.
W. No political functionaries from outside the constituency will remain in the constituency after campaign period is over. This will not apply in case of candidate or his election agent even if they are not voters in the constituency.
X. No leader of a political party shall use private fixed-wing aircraft and helicopters for the purposes of supervising and monitoring the polling and counting process on the day of poll and counting.
Y. No election booth shall be set-up on the poll day without written permission of police and election authorities concerned on demand. No election booth shall be set up within the periphery of 200 meters from the polling stations. Such booth will have 1 table and 2 chairs with an umbrella or a piece of tarpaulin or cloth to protect the two occupants. Only one banner can be displayed showing the name of candidate/party/election symbol.
Z. No Opinion poll or exit poll can be conducted, published, publicized or disseminated at any time
     a) during the period of 48 hours ending with the hour fixed for closing of poll in an election held in single phase. And
     b) in a multi-phased election, and in the case of elections in different States announced simultaneously, at any time during the period starting from 48 hours before the hour fixed for closing of poll in the first phase of the election and till the poll is concluded in all the phases in all States.
Allotment of Guest House -
* Guest house to be alloted to political executive only in the condition that it has not been allotted to Observer or election related officials.
*No allotment of guest house prior to 48 hours before the start of poll.
*only a maximum of 2 vehicles used by such allotee can remain in the guest house compound.
*No political activity shall be permitted in the Government Guest house even if the same is allotted to any political executive.
Celebration of Important Days
State Day- the Chief Minister/Minister/Speaker can attend the function without making a political speech. No advertisements depicting CM/Minister or Speaker shall be released.
New Year Day function of the State--only Chief Secretary and other officials may participate and no political person including the CM or Minister would participate in such function where government funds are used.
Iftar Party- not permitted at the cost of the State exchequer.
Independence Day/Republic Day- No Central Minister/Minister or any other political functionary in the State/Ex-MP shall do the honours at any Independence Day/Republic Day Function at any location of within their home district or constituency or from where he/she is contesting candidate or intends to contest. The Prime Minister and Chief Minister may however do so from National Capital and State headquarters as per long standing conventions.
Sadbhawna Diwas- Central Minister/Chief Minister/Ministers in the State can participate in the Celebration of Sadbhawna Diwas subject to the condition that the theme of their speeches should be confined only to the Promotion of harmony among the people and no political speeches be made.
Gandhi Jayanti- Central Minister/Chief Minister/Ministers in the State can participate in the Celebration of Gandhi Jayanti only to the extolling deeds and achievement of Mahatma Gandhi and nothing beyond.
Meeting of Municipality
The ECI has no objection on its part to the holding of the statutory meetings, which can not be avoided by the Municipalities and Panchayats and other local bodies, subject to the condition that no new policy decisions and announcements shall be made in such meetings till the elections are over and only the decisions related to routine day-to-day management issues and on emergency issues may be taken in such meetings.
About Election Manifestos
In the interest of transparency, level playing field and credibility of promise, the ECI in accordance with the  Hon’ble Supreme Court Judgement dated 5.07.2013 in SLP(C) No. 21455 of 2008 advises political parties that their manifestos should reflect the rationale for the promises and broadly indicate the ways and means to meet the financial requirements for it. Trust of voters should be sought only on those promise which are possible to be fulfilled.

                     Compiled by
                                           R.R.Prabhakar.
                                                17.03.2019.