Bv Sneed Post/E-mail
ELECTION COMMISSION OF INDIA
NIRVACHAN SADAN, ASHOKA ROAD, NEW DELHI-11OOO1
No. a37 I 6l ut N ST/EC l/F U NCT/M CC I 2023 Dated : 21't December, 2O23
To
L. The Chief Secretaries to
all the States and Union Territories.
2. The Chief Electoral Officers of
all the States and Union Territories.
Subject:- General Elections to House of the People (Lok Sabhal, 2024 and State Legislative
Assembties of Andhra Pradesh, Arunachal Pradesh, Odisha and Sikkim
Transfer/Posting of officers - regarding..
Madam/Sir,
I am directed to state that the term of existing House of the people (Lok Sabha) and State
Legislative Assemblies of Andhra Pradesh, Arunachal Pradesh, Odisha and Sikkim are upto L6th June,
2024,Llth )une,2O24,.2nd June, 2024,24th June,2024 and 2nd June,2024 respectively.
Z. The Commission has been following a consistent policy that officers directly connected with
conduct of elections in an election going StatelUf are not posted in their home districts or places
where they have served for considerably long period.
3. Hence, the Commission has decided that no officer connected directly with elections shal! be
allowed to continue in the present district (revenue districtl of posting:-
(i) if she/he is posted in her/his home district.
(ii) if she/he has completed three years in that district during Iast four (4) years or would be
completing 3 years on or before 30th June, 2024
While calculating the period of three years, promotion to a post within the district is to
be counted.
4. lf any small state/UT with a few numbers of districts, face any difficulty in compliance of the
above instruction, then it may refer the specific case with reasons to the Commission through CEO for
exemption and the Commission would issue directions, if considered necessary.
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5. Applicabilitv
5.i. District Officers: - These instructions shall cover not only officers appointed for specific election
duties like DEOs, Dy. DEOs, RO/AROs, EROs/AEROs, officers appointed as nodal officers of any specific
election works but also district officers like ADMs, SDMs, Dy. Collector/Joint Collector, Tehsildar, Block
Development Officers or any other officer of equal rank directly deployed for election works.
5.2 Officers otherthan District Officers: -These instructions shall also coverthe officers deputed in
Municipal Corporations and Development Authorities, etc.
5.3 Police Officers:- These instructions shall be applicable to the police department officers such as
Range ADGs/lGs, DlGs, Commandants of State Armed Police, SSPs, SPs, Addl. SPs, Sub-Divisional Head
of Police, SHOs, lnspectors, Sub-lnspector, Rls / Sergeant Majors or equivalent ranks, who are
responsible for security arrangement or deployment of police forces in the district at election time.
The police officials who are posted in functional departments like computerization, special branch,
training, etc. are not covered under these instructions. Following shall be followed:
(i) The Police Sub-lnspectors and above should not be posted in ttreir home district.
(ii) lf a Police Sub-lnspector has completed or would be completing a tenure of 3 years out
of four years on or before the cutoff date in a police sub-division, then he should be
transferred out to a police sub-division which does not fall in the same AC. lf that is not
possible due to small size of district, then he/she should be transferred out of the
district.
5.4 Prohibition and Excise Officers: - Further, these instructions shall also be applicable to the
officers of the Prohibition and Excise Department of the State of the rank of Sub-lnspector and above.
6. Categories of Officers not covered under transfer policv
During an election, a large number of employees are drafted for different types of election duty
and the Commission has no intention of massive dislocation of state machinery by large scale
transfers. Hence, the aforesaid transfer policy is normally not applicable to the categories of officers
mentioned below:
(i) Officers posted in the State headquarters of the department concerned.
(ii) Officers/Officials who are not directly connected with elections like doctors, engineers,
teachers/principals etc. However, if there are specific complaints of political bias or
prejudice against any such govt. off icer, which on enquiry, are found to be
substantiated, then CEO/ECI may order not only the transfer of such official but also
appropriate departmental action against the said officer.
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(iii) The officers appointed as Sector OfficerlTonal Magistrate involved in election duties are
not covered under these instructions. However, the observers, CEO/DEOs and ROs
should keep a close watch on their conduct to ensure that they are fair and non-
partisan in the performance of their duties.
(iv) lt is further directed that the officers/officials against whom the Commission had
recommended disciplinary action in past and which is pending or which has resulted in
a penalty or the officers who have been charged for any lapse in any election or election
related work in the past, shall not be assigned any election related duty. However, an
officer who was transferred during any past election under the Commission's order
without any recommendation of disciplinary actions will not be, just on this ground,
considered fortransfer, unless specifically so directed bythe Commission. A copy of the
Commission's instruction number 464llNST|}OO8-EPS dated 23'd December 2008
regarding tracking of names of tainted officers is enclosed. CEOs must ensure its
compliance.
(v) The Commission further desires that no officer/official, against whom a criminal case
related to official f unctioning is pending in any court of law, be associated
with/deployed on election related duty.
(vi) Any officer, who is due to retire within the coming six months will be exempted from
the purview of the Commission's directions mentioned in para-3. The six months period
shall be reckoned backwards from 30th June, 2024. Further, officer falling in the
category (home district/3 years+ criteria and due to retire within 6 months) if holding
an election related post mentioned in para 5, shall be relieved of that charge and not be
associated with any election related duty. lt is however, reiterated that such retiring
officer need not be transferred out of the district.
(vii) All the officials of the State (except those posted in the office of the Chief Electoral
Officer), who are on extension of service or re-employed in different capacities, will not
be associated with any election related work.
7. The transfer orders in respect of officers/officials, who are engaged in the electoral rolls
revision worK, if any, during an election year shall be implemented only after final publication of the
electoral rolls, in consultation with the Chief Electoral Officer concerned. ln case of any need for
transfer due to any extra ordinary reasons, prior approval of the Commission shall be taken'
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8. The Chief Electoral Officer of the State/UT shall invariably be consulted while posting the
persons in place of present incumbents who stand transferred as per the above policy of the
Commission. A copy of each of the transfer orders issued under these directions shall be given to the
Chief Electoral Officer without fail.
9. All election related Officers will be required to give a declaration in the format given below to
the DEO concerned, who shall inform to CEO accordingly'
DECTARAT!ON
(To be submitted within 2 davs after the last date of nomination papers)
I....... ....(Name). .....presently posted ........from .....(Date)
Do hereby make a solemn declaration. in connection with the current General/Bye election
to Lok Sabha/. ......(Legislative Assembly that.
(a) I am not a close relative of any of the contesting candidates in the current
election/leading political functionary of the state/district at the aforesaid
election.
(b) No criminal case is pending against me in any court of law.
Note- If answer of (a) or (b) above is'YES', then give full details in a separate sheet.
Dated (Name)
Designation
NOTE- Any false declaration made by any officer shall invite appropriate disciplinary actions.
10. The Commission's aforesaid instructions shall be brought to the notice of the concerned
departments/offices or State Govt. for their strict compliance. The DEO or concerned district officers
shall ensure that officers/officials who are transferred should immediately handover their charge
without waiting for their substitute.
11. The Commission has further directed that transfer/posting of all officers covered under the above
instructions shall be done and compliance reports by Chief Secretary and DGP with details of action
obtained from the concerned departments/offices of State Government shall be furnished to the
Commission by 31't January, 2024.
12. Kindly acknowledge receipt of this letter.
Yours faithfully,
ENDRA N.
SENIOR
ELECTION COMMISSIW
llew
NTRvAcHAN sAoAN, ASHoKA RoAo CIELHI-110001.
No 464/lNST1200B/[f)S Date 23'o Decenrber
l,'
I he (llrrc,'f [-lcclr:ral C)ffrcets
ul ;rll I:itatrrsi l.Il:;
.(irrbltict
'lrackrrrg the names of officers fransfetred by the order of the Electiorr
Conrnrissron of lnclra chargecl vrith cJereliclion ol duty etc
Iir,! No 43716/2006"[!LN lll datecl 6rn Novermber,2006 & ECI mesgage
No lOOi 1gg4 Pt N ldated 2B 3 1994 addressed lo lhe CEOS ol all Slatos
& lJIs
tirrlMadanr.
The Election Commrssion of lndia vide the instruction referred to abcrve hacJ
drrected that I dotailecj review shall be urirjertaken before every election in all
distrtr:ts
ancJ all such officers sfroulrj be postecl oul of therr honre distrrcts or dlslrlct where they
e). have compleled a terlure of 3 yenrs oui of 4 years, an0 rlad furttler drrBcted tirat
has recommended drsciplinary action or
of{rcars/officrals agarnsl whorn commrsston
related work or who were
who have boen charged for any lapse in electron or election
translerred under thJ orders o{ lhe commission rn the mafler nray nol be
assigned to
any electiorr relaled dulY
llowever, tt was ObserverJ ciuring recenl eleclions thal rn spite of efforts madc by
the CEOs an(i lhe D[-Os lo cunipiy the above in:ilrucltctrt o{ tl-re Cornmission,
therewere
uncjer the above crlteria and iiable to be
slrll some rnslartcas 01 the oflrcers who corne
translerrecj out of tile cJrstricl lo a non electtOn relaterl'aSslgnrnerrt bul nranaged to stay
back and the Conrrnrssion came to know aboul ihrs only at a laler stage lhrough
ccrnplainls being rarseci by varrous political parties and members of
public These
l]ctcrenls. thOuglr few in nurnbers, send a Y/rong signal at the field level and non
marntenanc" oi prop*r 'beenrnformation about the oi{rcers liable to be transferred on the
above crrlerra tras recogniserl as a reason {ot sonre stray lncidents of non-
conrplrance ln grcler io rernorle the possrbrlrty of lhe,)ccurrence of such
incidents tn
8) future. the C<rnrmrssron lt.is issued tlre followinq cJirectiorll; to rnake the exisltng
rnstruclion rnore ef{ective.'
I lhe (,1t) of the State slhilll malrrl.rrn ar reqisler rn whrch lhe rnformation aboul
tAS/lpll of{rcers, D[.Os, ROs and EROs trarrsferred by the order of lhe
[:lr:ctrrrn Oornrnrssrorr -rnd agarnst whottr Cornrrtsstcin has recommended
drscrptlrary octisrr ur wiro lrave lreerr charqtcl for any lapse in eleclion or
electrorr rt.:lirtt'l11 work l;lrall ire rnatrrtarned
lt .lirr.rrrlitrly rliC l'lL.O wili rnari"ttitr,r;r reQrSt(?r Cor-'l;ritrtnq infClrnratiOrr aboUt Other
ltttrttlt rlllrc,'t s ;'rrtrj otller Sla{f
lll !Vrlrrrr r'11;ry1r ol lhi);lr\r-to\lt')corTrertl of electrcrls by the talection Commissiclrl
trl lrrrli;r tlri,: (.t () 0l tl'to tltate will sonc il cornpliartce letter to the Z-onal
lhe
Stlr:rt:lirry rrr ll)c C()lt)rr,lrgsr()rr i:orrfrrnttng that all the offlcers coming under
;11)()vr, ('r1('ri,1 lr;tvc ['tt,rcrr lrlrrSlerrecl -Strntlarly he shal] obtain a similar
cc m pr i oX; ce rrif i cat o f ront a rr l 0 E
le ?: : ? 1:':::')]]:-]i,1t,i:;:i-:ll,:t::fl ::l
relaleci
:ilru1::J,'i;;H;"u ,,i,u,"i, hare r:,,e,, rrarrsrer;ecJ to ,<>n election
nosignnrent and otrt of lhe drstricl
r;ncJer 3 years oul Of 4 years
wrth reference to tralnsfer of officers comrntj shall ensure compliance in
crircria. arrt-J the horne clrslrrr:l crrterra, DEbs
other election related offroals
resp$ct of ROs, rnot, AROs and AEIIOs an0
tlre lrnre, tf arry' stiptllated for this purpose by
ancj sencl a lettef t() CEO wrlhin
ancl if not, wrthin 7 clays o{ issue ol
ilre [:lectrr:n r:o,n,rrJsirr "r tndra or ct:c
rn{ormatrort relaled to DEOs
pre$$ t)CIle annotrncirrg lhe electlons liinrilarly
c':cinnected wrth the electir:n
SSp arrct SPs and ot"her se,",ior police r-'ifrcrals
and cornpliance t"ry the State Govt shall
work shal r,e ,nai,ltaineo uy ttre if;o
beenaurecJatltisIevelComplianceregar..Jingthelransferoflheseof{icers
slral|boCotloctedfromtheDECsan<JtheCfooftheStateshallserrdit 7 days of the
consotidatedletter oico,npt,unce to lhe 7-onal Secretary within
8nnounce,n0nt of election
letter within 7 oays of the
l"O lacilitate the subrnission of lhrs compitance
collecl the information
announcef.ent of *iuition the CFjO arrcl DF.O shall
andensrlremainlenanceofregtsteraS$laledabovewellinadvanceSothat
no time rs lost
G,,
VI TherearemanydepartnrentsintheStateGovernmerrtthatarernvolvedin
{or the conrpliance of the above
transferring of{lcrals and thereby accountable
-ihe connmtssion's instruclion regarcltng
instructrons of the commissron of the
transter ol the officials dtrrinq eleclion shall be broL'qht to tho notlce
vrrtlt a copy 1r: the Chref Secrelary
Secrelarres of the cJepartrnenls concernecl
'ihe Chief sec,etaiy'nray be requested by tlre CEO to ensu1e that all the
inslruclion well in
cleparlrnen,* aon"ui,recJ comply wilh tire Corr"rmission's
lrme
t'trrder thc CategOry,
vll Wltlt rr:qard to oye-electiorrs vlhtle t|-:e rrfliccr:; conl!n9 of the drstrict wttirtn
trarrsferred out
dealt within para marxe<j as (l) shall be
ancj certainly before the first days
three days ot ann,:uncemerll of bye-electrcn
of receipi of norntnation whrchever is earfier
The above instruction b:e followecJ withoLrt any
cJeviation
vlll
@
Yours {aith{ullY,
- ') ,
(Sl-1Af,€nnn RAIv4l
PRINCiPAI SECI]ETARY
