By Spl.
Messenger/Srreed Post
ELECTION COMMISSION OF INDIA
NIRVACHAN SADAN, ASHOKA ROAD, NEW DELHI-11OOO1
No. 437I6/1/LCI/INST/FUNCT lNICClz0zl Dated: 26th Februaryr 202L
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1. The Cabinet Secretary,
Government of India,
Rashtrapati Bhawan,
New Delhi.
2. The Chief Secretaries to the Government of :-
ti) Assam, Dispur;
(ii) Kerala,Thiruvanthapuram;
(iii) Tamil Nadu, Chennai;
(iv) West Bengal, Kolkata;
(v) Puducherry, PuducherrY.
3. The Chief Electoral Officers of :-
(D Assam, Dispur;
(ii) Kerala,Thiruvanthapuram;
(iiiJ Tamil Nadu, Chennai;
(iv) West Bengal, Kolkata;
(v) Puducherry,PuducherrY.
Sub: Application of Model Code of Conduct - General Elections to the Legislative
Assemblies of Assam, Kerala, Tamil Nadu, West Bengal and Puducherry, 2021
and Bye elections to the Parliamentary Constituencies of Malappuram, Kerala
State and Kanniyakumari, Tamil Nadu State - reg.
Sir/Madam,
I am directed to state that the Commission has announced the schedule for holding
General Elections to the Legislative Assemblies of Assam, Kerala, Tamil Nadu, West Bengal
and Puducherry and Bye elections 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 /2}2L,both dated 26tr February,2021- available at the Commission's web-site
- https://eci.gov.in/).
Z. 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 Elections in the above States.
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This may be brought to the notice of the Central and State Governmen! 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 drawn 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 States concerned, shall ensure that no cause is given for any complaint that it
has used its official position for the purposes 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 places and facilities on the same terms and
conditions on which they are used by the party in power;
(ii| Rest houses, dak bungalows 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 vidw to furthering the
prospects of the parry in power shall be scrupulously avoided;
(vl Ministers and other authorities shall not sanction grants/payments out of
discretionary funds from the time elections are announced by the Commission; and
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[vi) From the time elections are announced by the Commission, Ministers and other
authorities shall not -
(aJ 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
[cJ 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 in 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 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 immediatelywithdrawn.
5. The instruction of the Commission contained in its letter No.437 /6120A9-CCBE dated
5tr March, 2009 is available on the Commission's web-site "https:f/eci.gov.in"- under the
heading 'lmportant 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 Electoral 0fficer and Additional/foint/Deputy Chief Electoral Officers;
ii) DivisionalCommissioners;
iii) The District Election 0fficers, Returning Officers, Assistant Returning 0fficers 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;
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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.
7. The receipt of the letter may kindly be acknowledged.
Yours faithfully,
(NA RAN.B LrA)
SR. PRIN PAL SEC ARY
