Implementation of Model Code of Conduct16Mar2024
Implementation of Model Code of Conduct16Mar2024
Implementation of Model Code of Conduct16Mar2024
Messenger/Speed Post
ELECTION COMMISSION OF INDIA
NIRVACHAN SADAN, ASHOKA ROAD, NEW DELHI-11OOO1
To
Sub: Application of Model Code of Conduct - General Elections to House of the People
(Lok Sabha), 2OZ4 and State Legislative Assemblies in the States of Andhra
Pradesh, Arunachal Pradesh, Odisha and'Sikkim, and certain bye-elections - reg.
Sir,
I am directed to state that the Election Commission has announced the schedule for
holding General Elections to Lok Sabha and to the Legislative Assemblies of the States of
Andhra Pradesh, Arunachal Pradesh, Orissa and Sikkim and certain bye-elections fPress
Notes No. ECI/PN/23/2024, and No. ECI/PN/24/2024 both dated 16th March,2024, available
at the Commission's website - www.eci.gov.in).
2. With this announcement, the provisions of the Model Code of Conduct for the guidance
of the Political Parties and Candidates have come into force with immediate effect and will
be in force till the completion of the General Elections and bye-elections. mentioned
above. This may be brought to the notice of the Central and all State Governments/Union
Territory Administrations, all Ministries/Departments/Offices of the Union Government and
the State Governments/Union Territory Administrations. A copy of instructions issued by you
to this effect, may be sent to the Commission for its information and record.
3. Your particular attention is drawn to the provisions of Model Code of Conduct for the
guidance of Pol.itical Parties and Candidates and various instructions issued by the
Commission, which, inter-alia, state that the party iri power whether at the Centre or in the
State or States concerned, shall ensure that no cause is given for any complaint that it has used
its official position for the purpose of its election campaign and in particular:-
(i) [a) The Ministers shall not combine their official visit with electioneering work and
shall not also make use of official machinery or personnel during the electioneering
work;
tb) Government transport including official air-crafts, vehicles, machinery and
personnel shall not be used for furtherance of the interest of the party in power;
[ii) Public places such as maidans etc., for holding election meetings, and use of helipads for
air-flights in connection with elections shall not be monopolised by the party in power. Other
parties and candidates shall be allowed the use of such places and facilities, on the same terms
and conditions, on which they are used by the party in power;
[iii) Rest houses, dak bungalows or other Government accommodations in the States/Union
Territories where elections have been announced or are taking place can be given to the
political functionaries who are provided security by the State in 'Z' scale or above or equivalent
by various State Governments or the Central Government under provisions of their laws, on
equitable basis. This shall be subject to condition that such accommodation is not already
allotted or occupied by election related officials or the Commission's Observers. Such political
functionaries shall not carry out any political activity while staying in the Government Guest
Houses/Rest Houses or other Government accommodation etc.;
[iv) Issue of advertisement at the cost of public exchequer in the newspapers and other
media and the misuse of official mass media during the election period for partisan coverage of
political news and publicity regarding achievements with a view to furthering the prospects of
the party in power shall be scrupulously avoided;
(v) Minrsters and other authorities shall not sanction grants/payments out of discretionary
funds from the time, elections are announced by the Commission; and
[vi) From the time, elections are announced by Commission, Ministers and other authorities
shall not -
(a) announce any financial grants, in any form or promises thereof; or
a: l''
4. As will be observed from Para 3{Clause iv} above, no advertisement shall be issued in
electronic and print media highlighting the achievements of the Govt. at the cost of public
exchequer. If any advertisement has already been released for telecast/broadcast or
publication in the print media, it must be ensured that the telecast/broadcast of such ads on
electronic media is stopped forthwith and that no such ad is published in any newspapers,
magazines, etc., i.e. in print media, from today itself and it should be immediately withdrawn.
6. The Commission further directs that there shall be a total ban on the transfer of all
officers/officials connected with the conduct of the election. These include but are not
restricted to: -
i) The Chief Electoral Officer and Additi onal/Joint/Deputy Chief Electoral Officers;
ii) DivisionalCommissioners;
iii) The District Election Officers, Returning Officers, Assistant Returning Officers and
other Revenue Officers connected with the conduct of election;
iv) Officers of the Police Department connected with the management of election, like
range IGs and DIGs, Senior Superintendents of Police and Superintendents of Police,
Sub-Divisional Police Officers like Deputy Superintendents of Police and other
Police officers who are deputed to the Commission under section 2BA of the
Representation of the People Act, 1951;
v) The transfer orders issued in respect of the above categories of officers prior to the
date of announcement but not implemented till date should not be given effect to
without obtaining specific permission from the Commission in this regard;
vi) This ban shall be effective till the completion of the election. The Commission
further directs that the State Governments should refrain from making transfers of
senior officers who have a role in the management of election in the State;
vii) In those cases where transfer of an officer is necessary on account of administrative
exigencies, the concerned State Government may with full justification approach the
Commission for prior clearance.
Yours faithfully,
Bv Spl. Messenser/mail
E,LECTION COMMISSION OF II\DIA
NIRVACHAN SADAN, ASHOKA ROAD, NEW DELHI-11OOO1
To
1. The Cabinet Secretary,
Government of India,
Rashtrapati Bhawan,
New Delhi.
n
J. The Chief Electoral Officers of
all States and Union Territories.
Sir,
I am directed to state that the Election Commission has announced the schedule for holding
General Election to House of the People [Lok Sabhal ,2024 and State Legislative Assemblies in the
States of Andhra Pradesh, Arunachal Pradesh, Odisha and Sikkim and cgrtain bye-elections,
operation of 'MODEL CODE OF CONDUCT' comes into effect with the announcement of elections by
the Commission. In view of the elections, the Commission has given following directions for
effective enforcement of provisions of MCC:-
1,. Defacement of Property- ECI instructions contained in letter No. 3/7 /2023-SDR, dated
12d'October,2023,provide for prevention of defacement of property. The Commission has
directed to ensure strict compliance of its instruction and to take time bound action as
prescribed below-
(a) Defacement of Government property- For this purpose a Government premise would
include any Government office and the campus wherein the office building, compound
and establishment are situated. All wall- writing, posters/papers or defacement in any
other torm, inc)uding cutoutfhoardings, banners, f\aBS etc, on Golernment prope$)
shall be removed within 24 hours from the announcement of elections by the Election
Commission.
[b) Defacement of public property and misuse of public space- All unauthorized
political advertisement, in the form of wall writing/posters/papers or defacement in
any other form, cutout/hoardings, banners flags etc. at public property and in public
space like railway station, Bus stands, Airports, railway Bridges, Roadways,
government. buses, Electric/Telephone poles , municipal/local bodies' buildings etc.,
shall be removed within 48 hours from the Spnouncement of elections.
[c) Defacement of private property- Subleit to any local law and Court's direction, aii
unauthorized political advertisement displayed at private property shall be removed
within 72 hours from the announcement of elections by the Election Commission.
2. Misuse of official vehicle- The ECI's Consolidated instructions contained in letter No.
464|L&O/2023/EPS[Use of Veh.), dated 26tt !une,2023, among other things, provides that
there shall be a total ban on use of official vehicle by any political party, candidate or
any other person connected with election fexcept officials performing any election
related official duty) for campaigning,'electioneering or election related travel during
elections (subiect to certain exception mentioned therein). The expression 'official
vehicle' means and shall include, any vehicle use.d or capable of being used for the purpose
of transport, whether propelled by mechanical power or otherwise and will include trucks,
lorries, tempos, jeeps, Cars, auto rickshaws, e-rickshaws, buses, belonging to Central
Government, State Government/UT Administrations, public undertakings of Central/State
Government, Joint sector undertakings of Central/State Government, loLal bodies, municipal
corporations, marketing boards, cooperative societies or any other body in which public
funds, however small a portion of the total, are invested. The CEOs/DEOs shall take
necessary action for compliance of ECI instructions within 24 hours of the
announcement of the elections.
3. Advertisement at the cost of public exchequer- ECI instructions contained in letter No'
437/6/INST/ECIIFUNCT/MCC/2024[ADVERTISEMENTS), dated 2"d January, 2024
provides that at the cost of public exchequer in the newspapers and other media and the
misuse of official mass media during the election period for partisan coverage of political
news and publicity regarding achievements with a view to furthering the prospects of the
party in power shall be scrupulously avoided. No advertisements shall be issued in
eldctronic and print media highlighting the achievements of the Govt. at the cost of public
exchequer. If any advertisement has already been released for telecast/broadcast or
publication in the print media, it must be ensured that the telecast/broadcast of such ads on
electronic media is stopped forthwith and that no such ad is published in any newspapers,
in print media, from the date of announcement and it should be
magazines, etc., i.e.
immediately withdrawn. The CEOs/DEOs have to take immediate action to
remove/stop any advertisement, in the print/electronic media, showing the
achievements of the Government soon aftef the announcement of elections.
6. Activities for Expenditure Monitoring and enforcement of MCC' Flying squad, FST,
video team, intensive checking for liquor/Cash/Contra banned drugs, flying squads of excise
department to check illicit trafficking of Drug/Narcotics to be immedialely activated after
announcement.
7. Complaint Monitoring System- The poll going states shall have a complaint redressal
mechanism based on website and call center. The toll free number of call center is 1950,
Complaints can be registered by making calls to the toll free call center numbers or on the
website. Complainants will also be informed of the action taken by SMS and by the call
center. Complainants can also see the details of the action taken on their complaints' This
system should be operational within 24 hours of the announcement. All complaints
should be dealt promptly and properly. The 24x7 control Room at the district level must be
activated and sufficient deployment of manpower and other logistics be ensured in
particular, round the clock personnel should be deployed in the control room and their duty
roaster must be issued to avoid any evasion or confusion.
B. IT Application- All IT applications including.official website and social media shall be
10. Active cooperation from Educational Institlftions and Civil Societies- Cooperation can
be sought from educational institutions and civil societies for giving wide publicity to the
election related information to the general publp*and other stakeholders.
11,. Media Centre- Efforts should be made for awareness among the voters, political parties
and other stakeholder through media center about election system including use of
EVM/WPAT.
13. Control Room- The24x7 control room at district level must be activated immediately
and sufficient deployment of manpower and other logistics be ensured by the
DEO/CEO. A control room with complaint Monitoring Centre would also be set up at
ECI Secretariat during the entire election process. I
Yours faithfully
New Delhi.
Subiect: General Elections to House of the People (Lok Sabha),2O24 and State
Legislative Assemblies of Andhra Pradesh, Arunachal Pradesh, Odisha
and Sikkim and certain bye-elections - Release of funds under
MPs'/MLAs'Local Area Development Scheme - regarding.
Sir/Madam,
I am directed to refer to the Commission's Press Notes No. ECI/PN /23/2024, and
No. ECI/PN /24/2024, both dated 16tr March,2024 [Press Notes available at Commission's
web-site - www.eci.gov.inJ as per which the Commission has announced the enforcement
of the Model Code of Conduct for the guidance of the Political Parties and Candidates,
consequent on the announcement of General Election to Lok Sabha and to the Legislative
Assemblies of the States of Andhra Pradesh, Arunachal Pradesh, Odisha and Sikkim and
certain bye-elections.
2. The Commission has instructed that the release of funds under the Member of
Parliament Local Area Development Schemes will be subject to the following restrictions:-
al No fresh release of funds under the Member of Parliament [including Rajya
Sabha membersJ Local Area Development fund shall be made in any part of the
country where election is in progress. Similarly no fresh release of funds under
the MLAs'/ MLCs' Local Area Development Fund shall be made, if any such
scheme is in operation, till the completion of election process.
b) No work shall start in respect of which work orders have been issued before the
issue of this letter but the work has actually not started in the field. These works
can start only after the completion of election process, However, if a work has
actually started, that can continue.
cJ There shall be no bar to the release of payments for completed work[s) subject
to the full satisfaction of the concerned officials.
d) Where schemes have been cleared and funds are provided or released and
materials procured and reached the site such scheme may be executed as per
programme.
Yours faithfully,
(NA N.B A)
SR. PRIN PAt SEC
ELECTION COMMISSION OF INDIA
NIRVACHAN SADAN, ASHOKA ROAD, NEW DELHI.I1OOO1
To
The ChiefSecretaries ofall States and
Chief Secretaries/Administrators of Union Territories.
i-
Subiect: General Elections to House of the People [Lok Sabha), 2O24 and State Legislative
Assemblies in the States of Andhra Pradesh, Arunachal Pradesh, Odisha and Sikkim and
certain bye-elections- Screening Committee- regarding.
Sir/Madam,
I am directed to state that the Commission has issued detailed guidelines and instructions
on regulation and enforcement of various aspects of the Model Code of Conduct [MCC) during
election time. A number of proposals relating to MCC are being received in the Commission from
Chief Electoral Officers and sometimes from the concerned departments directly. The Commission
has decided that a Screening Committee headed by Chief Secretary of the State shall be
constituted with following composition -
4. Further, it may be noted that the Commission takes reasonable time to dispose of a reference,
therefore last minute references should be avoided.
Yours faithfully,
(NA RA N. LrA)
SR. PRI PAt SEC ETARY