MODEL CODE OF CONDUCT FOR THE GUIDANCE OF POLITICAL PARTIES, CANDIDATES AND GOVERNMENT OF ORISSA DURING ELECTIONS TO GRAMA PANCHAYATS, PANCHAYAT SAMITIES AND ZILLA PARISHADS IN ORISSA

CHAPTER I

Maintenance of harmony

 

  1. No political party or candidate shall use any words, either spoken or written , or commit any act or otherwise, which shall on grounds of religion, sex, place of birth, residence, language, caste or community, create any disharmony or feelings of enmity or hatred or ill-will between different groups or communities.

     2. No political party or candidate shall use, or encourage use overtly or covertly, or criminal force or   violence   which is likely to cause fear or alarm or feeling or insecurity among any groups or  voters or disturb public peace or tranquility.

     3.  No place of worship, or building/offices/accommodation belonging to Government or  educational institutions shall be used for election meeting/ propaganda/ workers meet etc.

                                                                      CHAPTER II

                                                  Meeting and canvassing/ propaganda

  1. No political party or candidate shall give any gratification to any voter or group of voter which will prevent the voter(s) from exercising their electoral right freely.
  2. No election meetings shall be disturbed in any way by any rival political party or their candidates(s) or sympathisers.
  3. Permission from competent authority shall be taken in advance to hold public meeting in public places prohibitory orders in force shall be respected. Permission to use such public places for holding election meeting shall be given by the appropriate authority on first come first serve bases. Local police and Magistracy shall be kept informed of public meetings/ processions, and their directions/ instructions/ restrictions shall be obeyed.
  4. Character assassination of candidates/ leaders which creates ill feeling and tension, shall be avoided.
  5. Permission from competent authority shall be obtained for use of loudspeakers and in any case, such loudspeakers must not be used between 8 P.M of the evening to 7 A.M. next morning till 48 hours before the beginning of the poll.
  6. Display of posters/ pamphlets/ hoarding/ banners or writings on the walls of Government buildings/ educational/ religious institutions/ shrines/ public roads are prohibited. Such display and writings can however be made on private buildings or lands or space with the written permission of the owners concerned.
  7. All printed materials connected with electioneering shall bear the name of the printer and publisher, so that responsibility can be fixed in case of publication of any documents containing illegal, offending and objectionable materials.
  8. No party or candidate shall convene, hold or attend any public meeting in any polling area during the period of forty-eight hours preceding the hour fixed for the closure of the poll for any election in that polling area.
  9. No party or candidates shall, on the date on which a poll is taken, commit any of the following acts within the polling stations or in any public or private place within a radius of one hundred metres of the polling station, namely:-
  1. Canvassing for votes; or
  2. Soliciting the vote of any elector; or
  3. Persuading any elector not to vote for any particular candidate; or
  4. Persuading any elector not to vote at the election; or
  5. Exhibiting any notice or sing (other than official notice) relating to election.

    10. Except the voters and authorized persons, no one else shall enter into any polling booth without  permission  from the competent authority.                                      

CHAPTER - III

General  Conduct.
  1. All political parties and candidates shall cooperate with the officers on election duty.
  2. No obstructions, annoyance or intimidation shall be caused to the voters which will prevent them from exercising their free choice.
  3. No obstruction or intimidation shall be caused to a prospective candidate which shall prevent him in filling his/ her nomination.
  4. No liquor or intoxicant shall be served by any political party or candidate to their workers/ supporters.
  5. Burning of effigies of leaders of political parties is prohibited. Criticism of rival candidates on aspects of private life or of political parties on the basis of unverified allegations shall be avoided. No demonstration or picketing in any form before the residence of any individual or before party offices or government offices shall be allowed.
  6. Any political party or candidate which faces any difficulty shall be free to approach the State Election Commission and/or the Election Officer concerned for redressal of their grievances within the parameters of law.

CHAPTER IV

Restrictions for preventing misuse of official infrastructure/ machinery for furtherance of candidate’s prospects in Elections

                                                                      

  1. Ministers, Government Chief whip, Deputy Chief Whip and Leader of Opposition and others who are provided with official perquisites and transport should make official tours only when actually necessitated by duties which they could not perform at headquarters, except that when any serious law and order problem arises anywhere and it becomes unavoidable for them to make a visit to such place(s) for the specific purpose. Under no circumstances they shall combine official visits with electioneering work nor use official machinery or personnel or transport or Circuit Houses. Dak Bungalows etc for election campaign directly or indirectly.
  2. Whenever the dignitaries specified at IV (1) above decide to address election meeting(s) in any areas or go to any area for political work connected with electioneering, the journey to such places shall not be performed in Government transport. The role of officials will be limited to maintenance of law and order affording normal security to them.
  3. While normal development works and programmes which have already commenced, relief and restoration works sequel to natural calamities and emergent nature of works, expenditure for which have been voted by the State Legislature, will continue; no new schemes/ programmes/ works/ projects of any kind shall be started nor any financial concessions be promised or announced by Government or any official agency which would have the effect of influencing directly or indirectly the voters in favour of the candidate(s) of the party in power. In case of doubt, all concerned are advised to seek a clarification from the Commission.
  4. No ‘Bhumi Pooja’, laying of foundation stones or inaugural ceremonies in respect of works/ projects/ programmes, funded partly or wholly by Government, shall be undertaken by Ministers or any public dignitary in any Constituency. Such functions and ceremonies, even if organised in urban areas are prohibited if such works/ projects/ programmes are primarily intended for the benefit of the rural areas.
  5. Government accommodation, viz., Rest House, Inspection Bungalows, Circuit Houses or Guest House of Government Undertakings (Central or state) and the like, whether in urban or rural area, shall be afforded in a fair manner to Leaders of all political parties or their candidates as per respective occupation rules.But such accommodation facilities shall not be used or allowed to be used as a campaign office or for holding party workers meeting for the purpose of election propaganda.
  6. No advertisement or publication at the cost of Central or State Government/ public undertakings/ Corporations/ Co-operatives etc highlighting achievements, which will have the effect of influencing the voters in elections, shall be issued/ published.
  7. Mass media, viz, Radio/ Television shall not broadcast/telecast any news/ visuals which have the effect of influencing the voters in favour of any political party/ candidate so far as it relates to Orissa.
  8. The above directions and restrictions of Chapter IV shall also apply, mutatis mutandis to Central Ministrials and Ministers so far as these relates to them/ to Non-official Chairpersons and Non-official Directors of Government, Companies and Corporations, whether State or Central/ Non-official Chairpersons or Urban Local Bodies/ Presidents of Co-operative Societies including Apex Bodies and other Bodies and Authorities in which public funds are invested or to whom public funds are granted.
CHAPTER V

Conduct of Police and Government Officials

                                                                       

  1. Police/Government officers/ officials directly or indirectly connected with election duty or not shall maintain strict neutrality in discharge of their duties and shall not act in any manner in furtherance of the prospect of election of any candidate.
  2. It shall be duty of the State Police to deal promptly and firmly any complaint of criminal intimidation and violence in accordance with law; specially complaints relating election offences covered by Section 153-A,153-B,171A,171B,171C,171D,171G and 171H and offences covered by Section 505 of the Indian Penal Code.
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