Why should govt employees resign to contest polls?

NEW DELHI: The Supreme Court on Friday sought responses of the Centre and the Election Commission on a PIL seeking quashing of service rules that prohibit a government employee from contesting elections without resigning from his post. 

Appearing for petitioner 'Indian Oil Officers' Association', senior advocate K K Venugopal argued before a bench of Chief Justice P Sathasivam and Justice Ranjan Gogoi that it was unconstitutional to deprive government employees of the right to contest elections despite there being no such prohibition either under the Constitution or the Representation of People Act.

Service rules for public sector undertaking employees prohibit them from becoming office-bearers of a political party or organization, taking part in political movements and contesting elections to assembly or local authorities. 

Venugopal said in the absence of any restriction on a person to contest elections in Articles 102 and 191 of the Constitution as well as Section 10 of RP Act, service rules could not have banned government and PSU employees from contesting elections. 

The petitioners through advocate Anupam Lal Das said restrictions on government servants on contesting elections was prohibiting a large chunk of intelligentsia from entering the election arena despite being committed to do good for the country. 

"This intelligentsia is capable of providing good governance and there is no rationale as to why this educated class should be prohibited from contesting elections," they said. 

"The said rules thus infringe the government and PSU employees' right to equality, right to freedom of speech and expression and militates against provisions of Constitution," the petitioners said. 

Source:Why govt. employee should not contest election

How to prepare police bandobast for General election?

           

INTRODUCTION

The District Panchayat Bye Election in (Name of District or state) is scheduled to be held on 22^nd December, 2013, in which election will be held for 5 Panchayats i.e name of booth at 58 Polling Stations. The voting will commence at 08.00 hrs. and conclude at 16.00 hrs on 22/12/2013.

2.            RETURNING OFFICERS FOR DISTRICT PANCHAYAT BYE-ELECTION:

Shri so on so , IAS, RDC(S) and so on so, IAS, RDC(K) are the returning officers for District Panchayat Bye-Election.   

3.            ASSESSMENT:

Police is entrusted to maintain Law & Order on the days prior to the polling, on the day of polling and counting day as well as the post election period, until the situation comes to normal. The success of Police arrangement will depend upon the promptness in collecting & dissemination of intelligence and effective and deterrent action taken by the police as it is expected that during election campaign tension amongst various political parties and their candidates, rises which, it left unattended, might flare up in to serious law and order problems.

There is need for the police to remain extremely vigilant and to ensure free and impartial election in a peaceful atmosphere and also to maintain law & order.

4.            OBJECTIVES:

The objectives of making police arrangements are as under:

                                i.            Maintenance of Law and Order at all times before, during and after the Poll.

                              ii.            Maintenance of order at the polling stations so that the voters are able to exercise their rights of franchise without any fears and hindrance.

                            iii.            Escorting of Ballot boxes and polling materials from the concerned Asstt. Returning Officer to the respective polling stations and from the polling stations to the Collection/Counting Centre, after the poll is over.

                            iv.            Guarding polling stations and the polling materials including Ballot boxes.

                              v.            Security of Ballot boxes at the Polling Stations, Collection/Counting centre and maintenance of Law and Order during the counting at the Counting centre and thereafter till the material are placed in a safe room.

                            vi.            Extending Co-operation to the concerned Presiding Officers and the staff of Polling Stations in preventing/detecting Electoral Offences.

5.            PATTERN OF ARRANGEMENTS: -

(i)         To achieve the above objectives the following will be the general pattern of Police arrangements, which will be divided into the 03 phases

                                                              i.      Pre-Poll Police Arrangements.

                                                            ii.      Arrangements on the Polling day.

                                                          iii.      Post-Poll Police Arrangements.

(ii)          The extracts from the legal provisions of the Representation of the Peoples Act 1951, Indian Penal Code, Cr. P. C, are at Annexure I, II & III. Similarly, instructions to the policemen posted at Polling Stations are at Annexure – IV & V”.

It will be the duty of the Supervisory Police Officers to impart these instructions to their respective staff posted for election duties before they are actually detailed for duties. They should also bring the provisions of law to the notice of the staff. Officers should go through the provisions of these act/rules and instructions issued by the Election Commission of India in this regard.

6.            PRE-POLL POLICE ARRANGEMENTS: -

With a view to extend better Police coverage and to ensure maintenance of  Law and Order, the Police Officers will remain extremely vigilant during the pre-Election days and keep themselves up to date with information and intelligence regarding public meetings, processions, demonstration and  visits of various political leaders, so that adequate Police coverage is extended to all functions. They will not only be impartial in their handling of various political parties / candidates and their sympathizers but also appear to be so in the eyes of the public. Permission of various meetings/procession, etc. shall be given impartially on ‘first come first serve’ basis.

Complaints at the Police Stations from any quarter shall be attended to promptly and necessary legal action should be taken without allowing the situation to deteriorate.  The Senior Officers should be informed immediately in the event of any developments so that proper action is taken on all matters having bearing on peaceful conduct of the election.  The action of police should be impartial, swift and decisive. The concerned Executive Magistrate should also be kept in the picture on all developments and liaison shall be established at the appropriate levels of police and executive magistrate for proper co-ordination on all matters relating to the election and maintenance of law & order.

7.            ZONAL OFFICERS:

The District of (name of state) is divided into 05 (five) zones headed by the senior police officers. The detail of staff along with zonal officer is also provided (ANNEXURE-VII).

8.            SECTOR POLICE OFFICERS  (SPOs):

In each Panchayat area there will be one Sector Police Officer with a vehicle for patrolling. The teams will Consist of 1 Sector Police Officer of the rank of PI/PSI as in-charge along with 2 PC/IRBN Ct and 2 HGs. The Officers shall be armed with Pistol whereas the PCs will be armed with lathis/rifles.  The duty of Sector Police Officer will be to patrol intensively in their respective jurisdiction of Panchayat area and take action whenever necessary for ensuring peaceful conduct of Elections. They will work in close co-ordination with the Executive Magistrate (Sector Officers) designated for Panchayat area. 

The SPOs will take a round of their respective areas and get themselves acquainted with the location of the polling booths and also the likely trouble spots in the area to be covered by them. It will be the duty of each SPO to ensure that all men attached to the polling stations in their areas take their position by forenoon 21.12.2013 along with the respective Presiding Officers. He will also ensure that all men detailed for polling station duty report to the office of the concerned Presiding Officers well in time so that the police parties can proceed to the polling station along with the Presiding Officers. He will also inspect all the polling stations in his area and in case any shortage is noticed at any of the polling station, he should provide suitable substitute from his reserve and report the fact to the Supervisory Officers. A certificate to this effect should be sent to the control room.

           

The officer’s in-charge of Police Station and Out Posts will maintain their patrolling, particularly in Sensitive/ Hyper sensitive Polling Stations areas where trouble can be expected.

           

The duty of SPOs is mainly to deal with law and order situations that they may encounter during their patrolling in various areas. It should be born in mind that no canvassing in any form or collection of groups is to be allowed within the distance of 200 meters from each of the polling stations. The candidates are allowed to put up their booths only beyond a distance of 200 meters from the polling stations. In case of trouble at any spot, the respective SPO party should remain on that spot and move ahead only after ensuring that all trouble is over. They will regularly report to Zonal Officers and Police Control Room. The QRTs may be called out in the event of serious trouble.

9.            DUTIES AT POLLING STATIONS:

            The policeman posted at the Polling Booths will be armed with rifle and ten (10) rounds of ammunition each. They will as far as possible, post themselves at the entrance of the polling station and maintain law & order around the polling stations and will enforce queue system amongst the voters for smooth and orderly voting. Separate queues should be formed for men and women if possible keeping in view the facts such as number of entry / exit gates, width of entry gate, etc. Wherever there are extra Policemen, his duty will be to patrol around the building where the Polling Station is situated. The Officer in-charge of the Police Station should ensure that the strength is fully detailed without any shortage.

There will be a presiding officers and three or more polling assistance at each polling booths whose responsibility is to conduct the poll, Police Officers and men on duty should give all the necessary assistance and co-operation to the Presiding Officer.

Broadly, the Police staff on duty at Polling Station will ensure security of Voting Material, formation of proper line, restricting unauthorized entry inside the Polling Booth. The Polling Staff on duty will not enter inside the Polling Booth without formal request from the Presiding Officer. They will ensure proper custody of the miscreants/accused handed over to them by the Presiding Officer of impersonation or any illegal conduct. They should not accept any type of favours such as water, refreshment, food or any other article from any political person/political party.

Those on duty at the Polling Station should be absolutely impartial in the exercise of their duties. In case of detection of impersonation the Presiding Officer will hand over the bogus voter(s) to the Policemen on duty with his report in writing addressed to the Station House Officer, Silvassa Police Station and Khanvel Police Station who will take cognizance under section 171 – F of IPC. The election related instructions in detail are shown at (Annexure-I). The details of Booth Deployment are shown at (ANNEXURE-VI).

10.         TIME FOR REPORTING TO THE PRESIDING OFFICERS: -

All policemen detailed for duties at various polling stations will report to the office of the concerned Presiding Officers by 10:00 hrs or even earlier if required on 21/12/2013. The Officer’s in-charge of the Police Stations/Outposts should ensure that the men detailed for Polling Booth duties are sent so as to report to the Presiding Officer concerned well in time.

11.         ESCORT OF BALLOT BOXES:  -

The collection and transportation of Ballot boxes from all Polling Stations to the Collection/Counting Centre is the responsibility of the Presiding Officer and their staff. The Police shall, however, provide the escort for these Ballot Boxes while they are being transported from the Polling Station to the Collection Centre and to the place of storage. Soon after the polling is over at 16.00 hrs on 22/12/2013, the Ballot Boxes will be sealed by the Presiding Officers concerned and the Policemen attached to the respective polling station will accompany their respective presiding officer and escort them from Collection/Counting Centre. The Sector Police Officers will intensify patrolling in the area after the polling is over to ensure that the Ballot Boxes from the respective jurisdiction are safely escorted to the Collection/Counting Centre. The concerned SPOs will inform the Police Control Room after all the Ballot Boxes from the Sector have arrived safely at the respective Collection/Counting Centre.

The officer entrusted with the arrangement of guarding the Ballot Boxes will ensure in advance the exact premises where the Ballot Boxes will be stored at various stages and personally ascertain that those premises are quite safe for the purpose. Separate registers should be maintained by the Officers in-charge of the guard to note down the number of Boxes received in the storage room.

12.         POST ELECTION POLICE ARRANGEMENT: 

The Post-Election Police Arrangement will be mainly for collection and transportation of Polling Boxes to the Counting Centre and also guarding of Ballot Boxes stored under proper sealing in the rooms provided for this purpose. Adequate law and order arrangement in and around Counting Centre until the results of the Election are announced are required to be made. The results of the Election, which will be announced soon after the counting is over, are likely to dishearten the supporters of the defeated candidates. Consequently, some law and order problem may arise. In view of this, the Mobile Officers shall make extensive patrolling in their respective jurisdiction. During the patrolling, particular attention shall be paid to the localities and residence of contesting candidate and their supporters.

In view of the fact that the polling would be over on 22/12/2013 and that the counting would start only on the 23/12/2013, the supervisory Officer should also maintain vigilance in their respective areas during these days in order to avoid any untoward incidents taking place.

13.         MAGISTERIAL ARRANGEMENTS: 

Each Sector Police Officers will have a counterpart Executive Magistrate for maintenance of Law and Order and any other matter related to the conduct of the elections.

14.         QUICK RESPONSE TEAM:

Five QRTs (reserve force) have been formed as QRT-1, QRT-2, QRT-3, QRT-4, QRT-5 for a, b, c, d and e respectively for immediate movement to the disturbed spot(s). All the QRTs are provided with vehicles fitted with wireless sets (ANNEXURE -IX).

Normally this force will be drawn out only on the orders from the Zonal Officers or Sector Police Officers, but in case of urgency, the senior  most police officer present on the spot may  request  the QRTs under intimation to Control Room. It will be the duty of the officers attached to the QRTs to proceed immediately along with their force to the trouble spot and ensure that normalcy is restored. The QRTs staff should return to its location once law and order is restored. All the movements of the QRTs must be intimated by wireless to the Control Room by the concerned Zonal or Sector Police Officer.

15.         OFFICERS RESERVE FORCE:

There will be two Reserve Force one at PHQ and one at PS A for IGP and one reserve force at PHQ, or SP to meet any contingencies. Similarly reserve force for both the SHOs is as at (ANNEXURE -X).

16.         COMMUNICATION: -

Wireless Stations have been provided throughout the (name of state) District. In addition to Mobile sets and Handsets, Static sets are set up at all Outposts. All the Static Station will be on air round the clock. The Sector Police Officer will be on air the moment, they report to their respective Zonal Officer as on 20/12/2013.

Wireless station in-charge, will instruct the Wireless Operators at all Stations to accept messages emanating from or addressed to the Returning Officers and other polling authorities in connection with election. Wireless Operators attached to Supervisory Officers/Sector Police Officers should be briefed not to keep the Wireless Sets jammed unnecessary. Wireless should not be left un-attended.

            All important messages would be logged on real time basis.

17.         FIRE ARMS:   -

Fire Arms will be allotted at the rate of one rifle per Polling Station. The men deputed for duties at the Polling Stations should carry their rifle with ten (10) rounds from the PHQ, Store.  All the Sector Officers should carry a Revolver/Pistol with sufficient rounds.

18.         COLLECTION OF INTELLIGENCE: -

I/C LIB will be responsible for collection of intelligence and information with regard to the Law and Order problems in connection with Election. In addition to this, all Zonal Officers/Sector Police Officers & the in-charge of Police Stations and Out Posts should also gear-up their intelligence machinery and make maximum use of their sources during and after the Election.

19.         ESSENTIAL DUTIES:-

            The deployment of staff for various essential duties is shown in annexure as mentioned below;

      a) Border / Border Check Post/Picket Point                    ANNEXURE –XI

b) Deployment at Police Stations                                      ANNEXURE –XII

c) Deployment of Police Out Posts                                   ANNEXURE –XIII

      d) General Guard Duties                                                    ANNEXURE –XIV

      e) HQ/LIB/MT/Traffic/Wireless duties                               ANNEXURE –XV

20.         ARRANGEMENT FOR COUNTING: -

The counting will be in the Town Hall,. Large numbers of people are expected to gather outside the Counting Centre, on the day of Counting on 23/12/2013. No parking of private vehicles is to be allowed near the Town Hall, (Counting Centre). Procession by the supporters of the successful candidates are likely to be held immediately after the announcement of the results. The sympathizers of the defeated candidates are likely to interfere with such processions which may pose serious law and order problems. The crowd should be kept at sufficient distance from the Counting Centre. Proper barricading should be erected around the Counting Centers so that people are kept at proper distance. The detailed scheme on Police arrangements at the counting center will be issued separately. (Annexure-XVI).

21.         VIDEOGRAPHY/CAMERA:

            All the Zonal officers and Sector Police officers will be provided One Videographer/Cameraman. Any incident of law and order and violation of model code of conduct should be promptly video graphed. The concerned SHOs will provide the cameras to the Zonal Officer separately.

22.         AMBULANCE SERVICE: -

To meet any eventuality, there is need to keep the ambulance ready equipped with all medical facilities. The Director of Health Services/Chief Medical Officer and Senior Surgeon are requested to keep the ambulance with the staff in readiness to meet any eventuality.

23.         FIRE SERVICE: -

Station Fire Officer, shall ensure all his fire tenders are ready with sufficient staff to meet any call from the Police Control Room in event of any fire or Law and Order problem.  He shall also ensure that one fire tender with staff is permanently stationed at Counting Centre Town Hall, from 15.00 hrs. of 22/12/2013 till the results are declared on 23/12/2013.

24.         Food Arrangement:-

SHO of all police station in their respective jurisdiction will ensure that food packets prepared for the staff are distributed among them timely.

25.         GENERAL:  -

The officers in-charge of Police Stations should impress on the men on duty that canvassing or otherwise, interfering or using any other official influence in respect of the election or persuading and person to give his vote to particular candidates will be breach of conduct rules entailing severe disciplinary action and also making the offenders liable to be punished with imprisonment or fine according to law.

Information about the progress of voting, law and order, arrests made, if any etc. should be passed on the Control Room periodically by the Sector Police officers. The Control Room shall maintain a dairy mentioning the time and information received and the nature of action taken and the time when any order is communicated, etc.

All Police Officers and men will remain absolutely fair and impartial and objective in handling any situation that may arise. Their impartial attitude should inspire confidence in the minds of the public as well as political leaders/Candidates. Utmost respect and courtesy should be shown to all members of public without compromising on the effectiveness of the duties to be performed firmly and fearlessly. Maximum restraint must be exercised. If force is to be used at all, it should be kept to the “irreducible minimum’ depending on the situation, all guidelines should be followed.

It may be remembered by all the officers and men that the main job of the police in the ensuring is to ensure that voters’ exercise their franchise without fear of cohesion, from any quarter and law and order is maintained at all places before, during and after the election.

26.         SUPERVISION: -

Undersigned would supervise the arrangement under the overall supervision of the Inspector General of Police, Daman & Diu and Dadra & Nagar Haveli.

To,

All Concerned.

Copy to:-

ANNEXURE -I

LEGAL PROVISIONS—ELECTORAL OFFENCES

The following Election offence under Representation of Peoples Act 1951 is Cognizable.

i)         Promoting enmity between classes in connection with (Section 125.).

ii)        Disturbances at election meetings (Section 127)

iii)       Acting for candidates or influencing voting (section 129)       

iv)       Canvassing etc. in or near Polling Station (Section 130)

v)        Disorderly conduct in or near Polling Station (Section 131)

vi)       Breach of Election duty by election personnel (Section 134)

vii)     Removal of ballot papers from Polling Station (Section 135)

viii)    Section 136 of the Representation of People’s Act, 1951.

2.         Personification at Election (See 171 of IPC)

3.         The following sections of the Representation of the People’s Act, 1951 are non-Cognizable.

I.          Sect. 126 (Prohibition of public meeting on the day proceeding the election day and on the Election Day).

II.        Sect. 127 (Restriction of the printing of pamphlets, posters etc.)

III.       Sect. 128 (Maintenance of secrecy of Voting).

IV.      Sect. 133 (Illegal Hiring or procuring of vehicles).

V.       Sect. 134-A (Govt. servant action as election agents counting agents or Polling agents.

The following are the non-cognizable offences under IPC relating to the election:

1.        Sect. 171 – B – Punishment for bribery.

2. a   Sect. 171 – F – Punishment for under influence (I) or personating at the election.

2. b   Sect. 171 – F – part – II  is cognizable & 418 is also cognizable.

3.      Sect. 171 – G – False statement in connection with an election.

4.      Sect. 171 – H – Illegal payment in connection with an election.

5.      Sect. 171 – I – Failure to keep election account.

ANNEXURE –II

LEGAL PROVISIONS—UNLAWFUL ASSEMBLIES

The following sections under 4 criminal procedure Code 1973 deals with maintenance of public order and tranquility

A – UNLAWFUL ASSEMBLIES

SECTION – 129       DISPERSAL OF ASSEMBLY BY USE OF CIVIL FORCE:   

           

(1)       Any Executive Magistrate or Officer In charge of a Police Station or, in the absence of such Officer In charge, any Police Officer, not below the rank of a Sub-Inspector, may command any lawful assembly, or any assembly of five or more persons likely to cause a disturbance of the public peace, to disperse, and it shall thereupon be the duty of the members of such assembly to disperse accordingly.

(2)       If, upon being so commanded, any such assembly does not disperse or if, without being so commanded, it conducts itself in such a manner as to show a determination not to disperse, any Executive Magistrate or Police Officer referred to in sub section (1), may proceed to disperse such assembly by force, and may require the assistance of any male person, not being a officer or member of the armed forces and acting as such, for the purpose of dispersing such assembly, and, if necessary, arresting and confining the person who form part to it, in order to disperse such assembly or that they may be punished according to law.

SECTION – 130       USES OF ARMED FORCES TO DISPERSE ASSEMBLY:

1)         If any such assembly cannot be otherwise dispersed, and if it is necessary for the public security that it should be dispersed, the Executive Magistrate of the highest rank that is present may cause it to be dispersed by the armed forces.

2)         Such Magistrate may require any Officer in command of any group of person belonging to the armed force to disperse the assembly with the help of the armed force part of it as the Magistrate may direct or as it may be necessary to arrest and confine in order to disperse the assembly or to have them punished according to law.

3)         Every such officer of the armed forces shall obey such requisition in such manner, as he thinks fit, but in so doing he shall use as little force, and do as little injury to person and property, as may be consistent with dispersing the assembly and arresting and detaining such persons. 

  SECTION – 131     POWERS OF CERTAIN ARMED FORCE OFFICERS TO

                                DISPERSE ASSEMBLY:

1)         When the public security is manifestly endangered by any such assembly and no Executive Magistrate cab be communicated with any commissioned or Gazetted Officer of the armed force may disperse such assembly with the help of the armed force under his command, and may arrest and confine any person forming part of it, in order to disperse such assembly or that they may be punished according to law, but if while he is acting under this section, it becomes practicable for him to communicate with an Executive Magistrate, he shall do so, and thence forward obey the instruction of the Magistrate, as to whether he shall or shall not continue such action.

ANNEXURE -III

LEGAL PROVISIONS—PREVENTIVE ACTIONS

Section 149              Police to prevent cognizable offences.

Every Police Officer may interpose for preventing, and shall, to the best of his ability, prevent, the commission of any cognizable offence.

Section 150              Information of design to commit cognizable offences.

 

Every Police Officer receiving information of a design to commit any cognizable communicated such information to the Police Officers to whom he is subordinate and to any other officer whose duty it is to prevent or take cognizable of the commission of any such offence.

Section 151              Arrest to prevent the Commission of Cognizable offences.

(i)         A  Police Officer knowing of a design to commit any cognizable offence, may arrest, without orders from a Magistrate and without a warrant, the person so designing, if it appears to such officer that the commission of the said offence cannot be otherwise prevented.

(ii)        No person arrested Under Sub-section (1) shall be detained in Custody for a period exceeding twenty four hours from the time of his arrest, unless his further detention, is required or authorized under any other provision of this code or of any other law for the time being in force.

The following section under Criminal Procedure Code, 1973 deals with maintenance of Police Order and Tranquility.

Section - 129                        Dispersal of Assembly by use of Civil Force.

1)         Any Executive Magistrates of Officer Incharge of a Police Station in the absence of such Officer Incharge, any Police Officer, of below the rank of a Sub-Inspector, may command any unlawful assembly, or any assembly of five or more persons likely to cause a disturbance of the public peace, to disperse and it shall there upon be the duty of the members of such assembly to disperse accordingly.

2)         If, upon being so command, any such assembly does not disperse, or if without being so command, if it conducts itself in such a manner as to show determination not to disperse, any Executive Magistrate or Police Officer referred to in Sub-section (1), may proceed to disperse such assembly by force, and may required the assistance of any male person, not being an officer or member of the armed forces and acting as such, for the purpose of dispersing such assembly, and if necessary arresting and confining  the persons who form part of it, in order to disperse such assembly or that they may be punished according to law.

Section - 41

                                   

If any person prevents or obstructs any Police Officer from the discharge of his duty, the offender can be arrested under section 41 of Cr. P.C. Appropriate and suitable action may be taken in the case of commission of offences of obstructing Police Officers from performing their duty and causing them hurt etc. under section 353,186,332,333 of IPC.

ANNEXURE -IV

INSTRUCTIONS—TO POLICE PERSONNEL DEPLOYED AT POLLING STATIONS

1.         You should turn out smartly and be alert and punctual in attending your duties.

2.         You should be courteous in your dealing with public  but when the occasion demands you should be firm in exercising your authority.

3.         When you report for duty at the office of the Presiding Officer/Polling Station, you should contact the presiding officer and get acquainted with the other polling staff posted at the Polling Station.

4.         You should see that a queue system is strictly observed and two separate queues are maintained, one for men and other for women.

5.         You should be strictly impartial in the discharge of your duties and in the exercise of your official authority.  On no account should take sides to identify yourself with any on the political parties or inference with the voters or voting using such influence is an offence U/s 129 of the Representation of the people’s Act, 1951.  It is a cognizable offence for which you can be arrested and chargesheeted.

6.         Under section 126 of the Act, Public meeting are prohibited all over Dadra and Nagar Haveli from 16.00 hrs on 20-12-2013.  If you come across any such public meeting near your polling stations on 20.12.2013 you should promptly report the same to your mobile party Sub – Inspector.

7.         Under Section 130 of the Act, canvassing and soliciting for vote by any person within hundred meters of the polling Stations during the period of voting of cognizable offence.  If you find any such canvassing or exhibition of any party signs or notice within 100 meters of the polling stations, you should report the matter to the presiding officer. Election booths should be beyond 200 mtrs. From the polling Stations.

8.         Section 131 of the Act prohibit dis – orderly conduct in or near the polling Station when the poll is being taken.  The use of loud Speakers and megaphones are prohibited near the polling Stations.  If you find any such things, you should report the matter to the presiding Officer, directs you to arrests such persons, you should do so. You are also to authorized to take such steps and use force as may be necessary for presenting contravention of this section. You are also authorized to seize any loud speaker or megaphone, which might be used or contravention of this provision.

9.         Section 13 of the Act provides that any person who misconducts himself at the polling station during the hours of poll or fails to obey the directions of the Presiding Officer may be removed from the polling station by the Presiding Officer, or a Police Officer on duty. If any person who has thus been removed from the polling station  re-entering in without permission of the Presiding Officer, he commits a cognizable offences, and may be arrested by you on the spot.

10.       Procuring or hiring conveyances by a candidate or his agent for conveyance of any elector from or to the polling station is an offence under section 133, this is a non-cognizable offence.

11.       Prohibition of going armed to or near a polling station.

1). No person, other than the Returning Officer, the Presiding Officer, any Police Officer and any other  person appointed to maintain peace and order at a polling station, shall, on a polling day, go armed with arms, as defined in the Arms Act, 1959, of any kind within the neighbourhood of a polling station.

2) If any person contravenes the provisions of sub-section (1), he shall be punishable with imprisonment for a term, which may extend to two years or with fine or with both.

3). Nor with standing anything contained in the Arms Act, 1959, where a person is convicted of any offence under this section, the arms as defined in the said Act found in his possession shall be liable to confiscation and the license granted in relation to such arms shall be deemed to have been revoked Under Section 17 of that Act.

4)  An office punishable under sub-section (2) shall be cognizable.

12.       Section 135 of the Act prohibits the removal or attempt to remove a Ballot Paper out of the polling station. If the Presiding Officer directs you to search any persons shall be searched and if the Ballot Paper is found on his person then action be taken as per the directions of the Presiding Officer.

13.       You should maintain a notebook from the time you are sent to the polling station from the time you arrive here on 22.12.2013 till the Presiding Officer handover the Ballot Boxes to the Counting Center.

14.       A person other than a  Returning Officer  or Assistant Returning Officer or person employed for election duty commits a cognizable offence, if he a) Fraudulently defaces or destroys any nomination paper [u/s 135 (1)(a)], b) Fraudulently destroys or removes any list, notice or other documents affixed by any authority or Returning Officer [u/s 136 (1)(b)], c) Fraudulently defaces or destroys a Ballot Paper or tampers with any official mark or any Ballot or any declaration of identity or official envelope used in connection with voting by post [u/s 136 (1)(c)], (4) without due authority supplies of ballot papers to or receives Ballot Box anything other that a Ballot Paper which is authorize to put   [u/s 136 (1)(e)(f)], without due authority, destroys, takes or otherwise interferes with any ballot boxes [u/s 136 (1)(f)].

15.       You should ensure that Presiding Officer keeps the ballot box and all the connected papers on the previous day of polling.  Wherever these are kept, both of you should be sleeping in the vicinity and as far as possible this should be inside a locked room.

16.       You should not enter the polling station during hours of poll unless the Presiding Officer permits you to do so.  In case, it is very sunny outside the Polling Station where you are maintaining guard at the entrance, you may request the presiding Officer to permit you to stand inside at the entrance and does only Presiding Officer Permit.

17.       Escort of the ballot boxes from the polling station to the counting centre is very important which you should do conscientiously.  Both of you should get into the vehicle were that ballot boxes are carried along with the Presiding Officer and should be seated near to the ballot boxes.  Though the responsibility of taking the ballot box from the polling station to counting centre is that of the Presiding Officer, it is your responsibilities the same and prevents any body form tempering with it.  You are authorize to such force, as is necessary, to prevent anybody interfering with the ballot boxes.

18.       When the polling is going, on if you need to go out for any urgent purpose, you should do so after taking the permission of the presiding officer.  As far as possible, food should be taken on the sport and you should not leave the polling station unless it is absolutely necessary and that too for period not more than 15 minutes.  Under no circumstances, should both of you leave the polling station.

19.       at the time any trouble should try to persuade the crowd not the create trouble in case there is any sign of trouble getting worse, you should arrange to sent word to the Mobile Party Sub Inspector / Police Inspector by quickest possible means.

20.         Your duty is very important one and I have full confidence that you will do it with utmost devotion and except that you will thereby earn credit for the Police Department of Dadra and Nagar Haveli.

ANNEXURE-V

SPECIAL INSTRUCTIONS FOR POLICE PERSONNEL ON DUTY AT

POLLING STATION

a) The personnel on duty at polling stations should co-operate fully with the    presiding Officers and maintain Law and Order at all costs.

                                                                                                 

b)    Police should not enter in polling Station in connection with maintenance of law     and order unless summoned by the presiding Officer.

c)    Policemen on duty at the polling Station should organize separate queues for men and women.

d)    In case of detection of a bogus voter the presiding Officer will hand over the person concerned to the Policemen on duty with his written complaint addressed to the SHO of the concerned Police Station. Station House Officer concerned will arrange to take to accused to the Police Station and a case under appropriate section of law will be registered. It may by borne in mind that detection of bogus voter is not the duty of the Policemen present on duty.

e)    No one other than the voter, authorized election agents, candidates, officials on duty should be allowed inside the Polling Station. Bags, Tiffin, Cellular Phone, Arms etc. must not be allowed under any circumstances.

f)     No crowd should be allowed to gather inside the Polling Station. There should be  no unnecessary crowd outside the Polling Station.

g)    There should not be any canvassing at or near the Polling Station.

h)   Persons at the booths will not obstruct the voters from coasting their votes.

i)     It shall be ensured that voters are not brought to the Polling Stations in the vehicles by the Political Workers.

j)      The SHO’s should keep an ideography team with them during visit to the different Polling Stations particularly when polling is at its peak.

k)    The people should not come to the Polling Stations in procession or in rallies.

l)     No one should run away with the ballot papers etc.

m)   Ensure that there is no rigging. No voter should be threatened in any way.

n)   Drunkard should not be allowed to loiter near the polling Station at any cost and should be removed immediately.

o)    Groups of young supporters of different political workers who move from one polling station to another should not be allowed near the polling Stations.

p)    No voter should be allowed into the booth, once time limit of polling is up.

q)    No candidate shall be allowed to set up a booth within a distance of 100 meters from the polling Station.

r)     Representative of various candidates can have three chairs and one table near each polling station having three polling booths and one additional chair will be permitted in case the no. of booths exceeds 3. In case of two entries to the Polling Station one table and 3 chairs shall be allowed on each entry. Such table and chairs should be at least 100 meters away from the main entrance of the Polling Station.

s)    The candidate’s camp will not have any party flag, posters, banners, hoarding, pamphlets etc. However a party symbol of 3’x2’ size could be displayed on the table. It will be simple as possible. No refreshment will be served there and no crowd would be allowed there. No. person, who has casted his votes shall be allowed to go into the booth.

Any change in the above instruction especially ( r ) and (s) will be intimated in due course of time.