Model Code of Conduct of General Election
Model Code of Conduct of General Election 2021, application of Model code of Conduct (MCC), General Elections to the Legislative Assemblies of West Bengal with Assam, Kerala, Tamil Nadu and Puducherry 2021 and also Bye elections to the Parliamentary Constituencies of Malappuram (Kerala) and Kanniyakumari (Tamil Nadu).
Notification of Model Code of Conduct (MCC)
The Sr. Principal Secretary, ECI
No. 437/6/1/ECI/INST/FUNCT/MCC/2021 Dated: 26th. February, 2021
I am directed to state that the Commission has been announced the schedule of holding General Election to the Legislative Assemblies of Assam, Kerala, Tamil Nadu, West Bengal and Puducherry and Bye election to the Parliamentary Constituencies of Malappuram, Kerala State and Kanniyakumari, Tamil Nadu State (Press Note No. ECI/PN/16/2021 and No. ECI/PN/17/2021, both dated 26th. February, 2021 available at the Commission's website).
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 which will be in force till the completion of the General Election in the above states.
This may be brought to the notice of the Central and State Government, all Ministries/Departments/ Offices of the Union Government/the State Government. A copy of instructions issued by you to this effect, may be sent to the Commission for its information and record.
3. Your attention is draw to the particular provisions of Model Code of Conduct relating to the party in power which inter alia says that the party in power whether at the Centre or in the State 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 also shall not make use of official machinery or personnel during the electioneering work;
(b) 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 itself. Other parties and candidates shall be allowed the use of such place and facilities on the same terms and conditions on which they are used by the party in power;
(iii) Rest house, dak bungalow or other Government accommodation 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 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) Ministers 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 election are announced by the Commission, Ministers and other authorities shall not-
(a) announce any financial grants in any form or promises thereof; or
(b) (except civil servants) lay foundation stones etc. of projects or schemes of any kind; or
(c) make any promise of construction of roads, provision of drinking water facilities etc.; or
(d) make any ad-hoc appointments in Government, Public Undertakings etc. which may have the effect of influencing the voters in favour of the party power.
4. As will be observed from Para 3 (Clause IV) above, no advertisements shall be issued in electronic and print media highlighting the achievements of the Government 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.
5. The instruction of the Commission contained in its letter No. 437/6/2009-CCBE dated 5th. March, 2009 is available on the Commission's website under the heading 'Important instructions' for your information and necessary action. The Commission's all other instructions are also available in this link for your guidance.
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 Election Officer and Additional/Joint/Deputy Chief Electoral Officers;
(ii) Divisional Commissioners;
(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 28A of the Representation of the People Act 1951;
(v) The transfer order issued in respect of the above categories of officers prior to the date of announcement but not implement 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 Government 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.
7. The receipt of the letter may kindly be acknowledged.
Yours faithfully,
Sd/-Narendra N. Butolia
Sr. Principal Secretary
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