ELECTIONS – General Elections to Lok Sabha, 2009 – Code of Conduct
for Government Servants – Instructions – Issued.
The General Elections to Lok Sabha from Tamil Nadu are to be held
on 13.5.2009. The Model Code of Conduct has come into force with the
announcement of the elections on 2.3.2009. The filing of nominations will
commence on April 17, 2009. The political parties and contesting candidates
will soon be starting their election campaign. The instructions issued
during the earlier elections, regarding the conduct of Government Servants
in general, and of those entrusted with the responsibility of conducting the
elections, in particular, are reiterated.
2. Government Servant’s Conduct Rules
According to Rules 14 and 16 of the “Tamil Nadu Government
Servants’ Conduct Rules, 1973”, no Government Servant shall be a member
of or be otherwise associated with, any political party or any organisation in
respect of which there is reason to believe that the organisation has a political aspect, nor shall he take part in, subscribe in aid of, or assist in any other manner any political movement or activity. He shall not only maintain political neutrality but shall also appear to do so.
He shall also
avoid giving room for any suspicion that he is favouring any political party
or any candidate in elections.
It shall be the duty of every Government Servant to endeavour to
prevent any member of his family from taking part in subscribing, in aid of
or assisting in any other manner, any movement or activity which is, or
tends directly or indirectly to be, subversive of the Government as by law
established, and where a Government servant is unable to prevent a
member of his family from taking part in, or subscribing in aid of, or
assisting in any other manner, any such movement or activity, he shall
make a report to that effect to the Government.
No Government servant shall canvass or otherwise interfere or use his
influence in connection with, or take part in, an election to any Legislature
or Local Authority.
The display by a Government servant on his person, vehicle or
residence of any electoral symbol shall amount to using his influence in
connection with an election.
2
A Government servant proposing or seconding the nomination of a
candidate at an election or acting as a Polling Agent shall be deemed to have
committed a breach of the Conduct Rules.
Membership of Service Associations
(1) No Government Servant shall be a member, representative or
officer of any association representing or purporting to represent,
Government servants or any class of Government Servants unless
such association satisfies the following conditions, namely:-
(a) . . . . . . . .
(b) The Association shall not, in any way, be connected with any
political party or organisation or engage in any political activity;
(c) . . . . . . . . .
(d) the Association shall not -
(i) in respect of any election to a Legislative body whether in India or
elsewhere, or to a local authority or body
(a) pay or contribute towards any expenses incurred in connection
with his candidature by a candidate for such election;
(b) by any means support the candidature of any person for such
elections; or
(c) undertake or assist in the registration of election or the selection of
a candidate for such election;
3. Election Duties
It is the duty of Government servants to be scrupulously
impartial in the discharge of their duties in connection with the
elections. It is important that they should not only be impartial but
manifestly appear to be impartial. They should not take part in any election
campaign or canvassing.
Government servants should not render any assistance to any
candidate for the furtherance of the prospects of that candidate’s election.
This will really not help the candidate himself. This is because if he were to
get such an assistance, it would be a corrupt practice.
The Election Commission had received complaints from various parts
of the country that Government employees, especially those appointed for
3
election purposes, such as Returning Officer, Assistant Returning Officers,
Presiding Officers, Polling Officers and Counting staff are not always as
impartial as they ought to be. These officials some time show particular
favour to candidates of political parties of their choice even at the time
of actual poll and the counting of votes.
All Government employees, especially election officers, should be
absolutely impartial, independent and neutral in the performance of their
election duties, whether at the time of acceptance or scrutiny of nomination
papers, or at the time of polling in the polling stations, or at the time of
counting of votes at the counting places.
4. Any misconduct in this respect on the part of Government servant
will entail exemplary disciplinary action. Under Section 134 of the
Representation of the People Act, 1951, if a Government servant is, without
reasonable cause, found guilty of any act or omission in breach of his official
duties in connection with the receipt of the nominations, withdrawal of
candidatures or the recording or counting of votes at an election, he shall be
punishable with fine which may extend to Rs.500. This would, of course, be
in addition to any departmental disciplinary action that may be taken
against him. The Representation of the People Act, 1951 also contains
provisions enjoining strict compliance with the election law by Government
servants and prescribing drastic penalties for any infringement – vide
Sections 128, 129, 134-A and 136 (1), (2) and (4).
128. Maintenance of secrecy of voting
129. Officers, etc. at elections not to act for candidates or influence
voting
134-A.Penalty for Government Servants for acting as Election Agent,
Polling Agent or Counting Agent
136.(1) Other offences and penalties therefor:
A person shall be guilty of an electoral offence, if at any election, he -
(a) fraudulently defaces or fraudulently destroys any nomination
paper, or
4
(b) fraudulently defaces, destroys or removes any list, notice or
other documents affixed by or under the authority of a
Returning Officer; or
(c) fraudulently defaces or fraudulently destroys any ballot paper or
the official mark on any ballot paper or any declaration of
identity or official envelope used in connection with voting by
postal ballot; or
(d) without due authority supplies any ballot paper to any person
or receives any ballot paper from any person or in his
possession of any ballot paper; or
(e) fraudulently puts into any ballot box anything other than the
ballot paper, which he is authorised by law to put in ; or
(f) without due authority destroys, takes, opens or otherwise
interferes with any ballot box or ballot papers then in use for
the purposes of the elections; or
(g) fraudulently or without due authority, as the case may be,
attempts to do any of the foregoing acts or willfully aids or abets
the doing of any such acts.
(2) Any person guilty of an electoral offence under this section shall:
(a) if he is a Returning Officer or an Assistant Returning Officer
or a Presiding Officer at a Polling Station or any other Officer
or Clerk employed on official duty in connection with the
election, be punishable with imprisonment for a term which
may extend to two years or with fine or with both.
(3) ………………………..
(4) An offence punishable under sub-section (2) shall be cognizable
5. Impartiality in maintaining law and order, issue of licences, etc.
The District authorities should exercise great care while exercising
powers to restrict public meetings organised by political parties in
connection with the Elections. They should not make or continue any
prohibitory order without good and sufficient reasons. In issuing licences for
the taking of processions, the use of loud-speakers and the holding of
meetings and in arranging the dates and times of processions, etc., the
authorities should be absolutely impartial. While granting permission to
hold any election meeting in a public place, no distinction should be made
between one political party and another. If more than one party applies for
5
holding meetings at any one place on the same day, and at the same time,
only the party, which applied first, should be allowed to hold the meeting.
6. Prompt enquiry into complaints
Government servants, in addition to being impartial, should deal
promptly with all complaints relating to all matters concerning elections.
They should give the complainant a courteous hearing and allow them a
reasonable opportunity for making their complaints.
7. Attendance at election meetings
Maintenance of law and order is the responsibility of the officers
concerned in respect of all meetings, functions, etc., whether organised by
the party in power or by other parties. Normally, the presence of police
officials alone may be necessary for the maintenance of law and order.
If there are any special circumstances warranting the presence of Executive
Magistrates for dealing with Law and order situations, they should also be
present. However, the Executive Magistrates should be present in the
Headquarters to meet any eventuality. No other Government servant need
attend any election meeting.
8. Any disregard of the foregoing instructions will be considered a
serious act of indiscipline and warrant action by the Election Commission.
All Heads of Departments (including Collectors, District Magistrates and
District Judges), the Director General of Police, the Departments of
Secretariat, etc. are requested to bring the above instructions to the notice
of all officers including Police officials and subordinate officers and staff
working under them.
9. The Secretaries to Government are requested to communicate the
above instructions to all Departments / Undertakings under their control.
The Director General of Police is requested to communicate the above
instructions to all the concerned officers including Zonal IGs / Range DIGs /
District Superintendents of Police, etc. The Registrar General, High Court,
Chennai is requested to communicate the above instructions to all courts in
the state
for Government Servants – Instructions – Issued.
The General Elections to Lok Sabha from Tamil Nadu are to be held
on 13.5.2009. The Model Code of Conduct has come into force with the
announcement of the elections on 2.3.2009. The filing of nominations will
commence on April 17, 2009. The political parties and contesting candidates
will soon be starting their election campaign. The instructions issued
during the earlier elections, regarding the conduct of Government Servants
in general, and of those entrusted with the responsibility of conducting the
elections, in particular, are reiterated.
2. Government Servant’s Conduct Rules
According to Rules 14 and 16 of the “Tamil Nadu Government
Servants’ Conduct Rules, 1973”, no Government Servant shall be a member
of or be otherwise associated with, any political party or any organisation in
respect of which there is reason to believe that the organisation has a political aspect, nor shall he take part in, subscribe in aid of, or assist in any other manner any political movement or activity. He shall not only maintain political neutrality but shall also appear to do so.
He shall also
avoid giving room for any suspicion that he is favouring any political party
or any candidate in elections.
It shall be the duty of every Government Servant to endeavour to
prevent any member of his family from taking part in subscribing, in aid of
or assisting in any other manner, any movement or activity which is, or
tends directly or indirectly to be, subversive of the Government as by law
established, and where a Government servant is unable to prevent a
member of his family from taking part in, or subscribing in aid of, or
assisting in any other manner, any such movement or activity, he shall
make a report to that effect to the Government.
No Government servant shall canvass or otherwise interfere or use his
influence in connection with, or take part in, an election to any Legislature
or Local Authority.
The display by a Government servant on his person, vehicle or
residence of any electoral symbol shall amount to using his influence in
connection with an election.
2
A Government servant proposing or seconding the nomination of a
candidate at an election or acting as a Polling Agent shall be deemed to have
committed a breach of the Conduct Rules.
Membership of Service Associations
(1) No Government Servant shall be a member, representative or
officer of any association representing or purporting to represent,
Government servants or any class of Government Servants unless
such association satisfies the following conditions, namely:-
(a) . . . . . . . .
(b) The Association shall not, in any way, be connected with any
political party or organisation or engage in any political activity;
(c) . . . . . . . . .
(d) the Association shall not -
(i) in respect of any election to a Legislative body whether in India or
elsewhere, or to a local authority or body
(a) pay or contribute towards any expenses incurred in connection
with his candidature by a candidate for such election;
(b) by any means support the candidature of any person for such
elections; or
(c) undertake or assist in the registration of election or the selection of
a candidate for such election;
3. Election Duties
It is the duty of Government servants to be scrupulously
impartial in the discharge of their duties in connection with the
elections. It is important that they should not only be impartial but
manifestly appear to be impartial. They should not take part in any election
campaign or canvassing.
Government servants should not render any assistance to any
candidate for the furtherance of the prospects of that candidate’s election.
This will really not help the candidate himself. This is because if he were to
get such an assistance, it would be a corrupt practice.
The Election Commission had received complaints from various parts
of the country that Government employees, especially those appointed for
3
election purposes, such as Returning Officer, Assistant Returning Officers,
Presiding Officers, Polling Officers and Counting staff are not always as
impartial as they ought to be. These officials some time show particular
favour to candidates of political parties of their choice even at the time
of actual poll and the counting of votes.
All Government employees, especially election officers, should be
absolutely impartial, independent and neutral in the performance of their
election duties, whether at the time of acceptance or scrutiny of nomination
papers, or at the time of polling in the polling stations, or at the time of
counting of votes at the counting places.
4. Any misconduct in this respect on the part of Government servant
will entail exemplary disciplinary action. Under Section 134 of the
Representation of the People Act, 1951, if a Government servant is, without
reasonable cause, found guilty of any act or omission in breach of his official
duties in connection with the receipt of the nominations, withdrawal of
candidatures or the recording or counting of votes at an election, he shall be
punishable with fine which may extend to Rs.500. This would, of course, be
in addition to any departmental disciplinary action that may be taken
against him. The Representation of the People Act, 1951 also contains
provisions enjoining strict compliance with the election law by Government
servants and prescribing drastic penalties for any infringement – vide
Sections 128, 129, 134-A and 136 (1), (2) and (4).
128. Maintenance of secrecy of voting
129. Officers, etc. at elections not to act for candidates or influence
voting
134-A.Penalty for Government Servants for acting as Election Agent,
Polling Agent or Counting Agent
136.(1) Other offences and penalties therefor:
A person shall be guilty of an electoral offence, if at any election, he -
(a) fraudulently defaces or fraudulently destroys any nomination
paper, or
4
(b) fraudulently defaces, destroys or removes any list, notice or
other documents affixed by or under the authority of a
Returning Officer; or
(c) fraudulently defaces or fraudulently destroys any ballot paper or
the official mark on any ballot paper or any declaration of
identity or official envelope used in connection with voting by
postal ballot; or
(d) without due authority supplies any ballot paper to any person
or receives any ballot paper from any person or in his
possession of any ballot paper; or
(e) fraudulently puts into any ballot box anything other than the
ballot paper, which he is authorised by law to put in ; or
(f) without due authority destroys, takes, opens or otherwise
interferes with any ballot box or ballot papers then in use for
the purposes of the elections; or
(g) fraudulently or without due authority, as the case may be,
attempts to do any of the foregoing acts or willfully aids or abets
the doing of any such acts.
(2) Any person guilty of an electoral offence under this section shall:
(a) if he is a Returning Officer or an Assistant Returning Officer
or a Presiding Officer at a Polling Station or any other Officer
or Clerk employed on official duty in connection with the
election, be punishable with imprisonment for a term which
may extend to two years or with fine or with both.
(3) ………………………..
(4) An offence punishable under sub-section (2) shall be cognizable
5. Impartiality in maintaining law and order, issue of licences, etc.
The District authorities should exercise great care while exercising
powers to restrict public meetings organised by political parties in
connection with the Elections. They should not make or continue any
prohibitory order without good and sufficient reasons. In issuing licences for
the taking of processions, the use of loud-speakers and the holding of
meetings and in arranging the dates and times of processions, etc., the
authorities should be absolutely impartial. While granting permission to
hold any election meeting in a public place, no distinction should be made
between one political party and another. If more than one party applies for
5
holding meetings at any one place on the same day, and at the same time,
only the party, which applied first, should be allowed to hold the meeting.
6. Prompt enquiry into complaints
Government servants, in addition to being impartial, should deal
promptly with all complaints relating to all matters concerning elections.
They should give the complainant a courteous hearing and allow them a
reasonable opportunity for making their complaints.
7. Attendance at election meetings
Maintenance of law and order is the responsibility of the officers
concerned in respect of all meetings, functions, etc., whether organised by
the party in power or by other parties. Normally, the presence of police
officials alone may be necessary for the maintenance of law and order.
If there are any special circumstances warranting the presence of Executive
Magistrates for dealing with Law and order situations, they should also be
present. However, the Executive Magistrates should be present in the
Headquarters to meet any eventuality. No other Government servant need
attend any election meeting.
8. Any disregard of the foregoing instructions will be considered a
serious act of indiscipline and warrant action by the Election Commission.
All Heads of Departments (including Collectors, District Magistrates and
District Judges), the Director General of Police, the Departments of
Secretariat, etc. are requested to bring the above instructions to the notice
of all officers including Police officials and subordinate officers and staff
working under them.
9. The Secretaries to Government are requested to communicate the
above instructions to all Departments / Undertakings under their control.
The Director General of Police is requested to communicate the above
instructions to all the concerned officers including Zonal IGs / Range DIGs /
District Superintendents of Police, etc. The Registrar General, High Court,
Chennai is requested to communicate the above instructions to all courts in
the state
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