Model Code
Model Code
1. Model Code of Conduct shall be implemented in Rural areas only when the ordinary
elections are conducted to Rural Local Bodies in the State.
2. Model Code of Conduct shall be implemented in Urban areas only when the ordinary
elections are conducted to Urban Local Bodies in the State.
2. These restrictions apply equally to new schemes and also ongoing schemes. But
it does not mean that in the case of national, regional and State utility schemes, which
have already been brought up to the stage of completion, their utilization or functioning
in public interest should be stopped or delayed. The coming into force of the Model
Code of Conduct cannot be given as an excuse for not commissioning such schemes or
allowing them to remain idle. At the same time, it should be ensured that the
commissioning of such schemes is done by civil authority and without associating
political functionaries and without any fanfare or ceremonies whatever, so that no
impression is given or created that such commissioning has been done with a view to
influencing the electorate in favour of the ruling party. If in doubt, a clarification should
be obtained from the State Election Commission.
3. It is further clarified that simply because a budget provision has been made for
any particular scheme or the scheme has been sanctioned earlier or a reference to the
scheme was made in the address of the Governor or the budget speech of the Minister
it does not automatically mean that such schemes can be announced or inaugurated or
otherwise taken up after the announcement of elections while the Model Code of
conduct is in operation, since they will clearly be intended to influence the voters. Such
actions if undertaken will be considered a violation of the model code of conduct.
4. No fresh sanctions for governmental schemes should be made. Review by
political executive (Ministers etc.) and processing of beneficiary-oriented schemes, even
if ongoing, should be stopped till completion of elections. No fresh release of funds on
welfare schemes and works should be made or contract for works awarded in any part
of the state where election is in progress without prior permission of the Commission.
This includes works under the Member of Parliament (including Rajya Sabha members)
Local Area Development fund or MLAs / MLCs Local Area Development Fund, if any
such scheme is in operation in the state.
5. No work shall start in respect of which even if work orders have been issued
before the model code came into effect, if the work has actually not started in the field.
These works can start only after the completion of election process. However, if a work
has actually started, that can continue.
6. There shall be no bar to the release of payments for completed work(s) subject
to the full satisfaction of the concerned officials.
7. The Commission does not refuse approval for schemes undertaken for tackling
emergencies or unforeseen calamities like providing relief to people suffering from
drought, floods, pestilences, other natural calamities or welfare measures for the aged,
infirm etc. In these matters, however, prior approval of the Commission should be
taken and all ostentatious functions should be strictly avoided and no impression should
be given or allowed to be created that such welfare measures or relief and rehabilitation
works are being undertaken by the Government in office so as to influence the electors
in favour of the party in power which at the same time will adversely affect the
prospects of the other parties.
On Transfers and posting of officials: The Commission 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) All the officers and staff members working in the State Election Commission;
(ii) All officers and staff members working the offices of Commissioner of Panchayat
Raj, and Commissioner & Director of Municipal Administration;
(iii) All officials designated in the administrative machinery notification issued by the
Commission as Election Authority, District Election Authority, Additional District
Election Authority, Additional Election Authority, Deputy District Election Authority,
Assistant District Election Authority, Assistant Election Authority, etc., in
connection with conduct of elections to Local Bodies;
(viii) The transfer orders issued in respect of the above categories of officers prior to
the date of announcement but not implemented till the time when model code came
into effect should not be given effect to without obtaining specific permission from the
Commission.
(ix) This ban shall be effective till the completion of the election process.
1. Official vehicles cannot be used for electioneering work. ‘Official Vehicles' include
all vehicles belonging to the – Central Government, State Government, Public
Undertakings of the Central and State Government, Joint Sector Undertakings of Central
and State Government, Local Bodies, Municipal Corporations, Municipalities, Marketing
Boards (by whatever name known), Cooperative Societies, Autonomous District
Councils, or Any other body in which public funds, howsoever small a portion of the
total, are invested, and also Vehicles belonging to the Ministry of Defence and the
Central Police Organizations under the Ministry of Home Affairs and State Governments.
2. It is open for a minister of the Union or State to make private visits using his or
her private vehicle(s). For such private visits, the official personal staff of the ministers
shall not accompany them. However, if a Minister is traveling in some emergent
situation, out of his HQ on purely official business, which cannot be avoided in public
interest, then a letter certifying to this effect should be sent from the Secretary
concerned of the Department to the Secretary of the State Election Commission where
the Minister intends to visit. However, immediately preceding or during or in
continuation of such an official tour, no minister can carry out or combine any election
campaign or political activity.
3. No Minister, whether of union or state, will summon any election related officer
for any official discussions during the period of elections commencing with the
announcement of the elections. Only exception will be when a Minister, in his capacity
as in charge of the department concerned, or a Chief Minister undertakes an official
visit to a constituency, in connection with failure of law and order or a natural calamity
or any such emergency which requires personal presence of such Ministers/Chief
Ministers for the specific purpose of supervising review/salvage/relief and such like
purpose.
4. Ministers are entitled to use their official vehicles only for commuting from their
official residence to their office for official work provided that such commuting is not
combined with any electioneering or any political activity.
5. Ministers, whether of the Union or State, shall not combine in any manner their
official tours with election work.
6. Whether on a private or official visit, no pilot car(s) or car(s) with beacon lights
of any colour or car(s) affixed with sirens of any kind shall be used by any political
functionary, even if the State administration has granted him a security cover requiring
presence of armed guards to accompany him on such visit. This is applicable whether
the vehicle is government owned or private owned.
7. Any official who meets the Minister on his private visit to the constituency where
elections are being held shall be guilty of misconduct under the relevant service rules;
and he shall also be additionally considered to have violated the statutory provisions of
relevant sections in A.P. Panchayat Raj Act, 1994 and liable to penal action provided
thereunder.
OTHER ‘DOS AND DON'TS’ FOR THE GUIDANCE OF THE CANDIDATES AND POLITICAL
PARTIES TO BE OBSERVED FROM THE ANNOUNCEMENT OF AN ELECTION AND UNTIL
THE COMPLETION OF THE PROCESS OF ELECTION.
DO'S'
(1) Ongoing programmes, which actually started in the field before the
announcement of elections may continue.
(2) Relief and rehabilitation measures to the people in areas affected by floods,
drought, pestilence, and other natural calamities, can commence and continue.
(3) Grant of cash or medical facilities to terminally or critically ill persons can
continue with appropriate approvals.
(4) Public places like maidans must be available impartially to all parties/contesting
candidates for holding election meetings. So also use of helipads must be available
impartially to all parties/contesting candidates, to ensure a level playing field.
(5) Criticism of other political parties and candidates should relate to their policies,
programme, past record and work.
(6) The right of every individual for peaceful and undisturbed home life should be
fully safeguarded.
(7) The local police authorities should be fully informed of the venue and time of the
proposed meetings well in time and all necessary permissions taken.
(8) If there are any restrictive or prohibitory orders in force in the place of the
proposed meeting, they shall be fully respected. Exemption, if necessary, must be
applied for and obtained well in time.
(9) Permission must be obtained for the use of loudspeakers or any other such
facilities for the proposed meetings.
(10) The assistance of the police should be obtained in dealing with persons
disturbing meetings or otherwise creating disorder.
(11) The time and place of the starting of any procession, the route to be followed
and the time and place at which the procession will terminate should be settled in
advance and advance permissions obtained from the police authorities.
(12) The existence of any restrictive orders in force in the localities through which the
procession has to pass should be ascertained and fully complied with. So also all traffic
regulations and other restrictions.
(14) Cooperation should be extended to all election officials at all times to ensure
peaceful and orderly poll.
(16) Unofficial identity slips issued to voters shall be on plain (white) paper and not
contain any symbol, name of the candidate or name of the party.
(17) Restrictions on plying of vehicles during the campaign period and on poll day
shall be fully obeyed.
(18) Except voters, candidates and their election/polling agents, only persons with a
specific valid authority letter from the State Election Commission can enter any polling
booth. No functionary however highly placed (e.g. Chief Minister, Minister, MP or MLA
etc) is exempt from this condition.
(19) Any complaint or problem regarding the conduct of elections shall be brought to
the notice of the Observer appointed by the Commission/Returning Officer/ District
Collector / State Election Commission.
(21) Do leave the constituency / local body after the campaign period is over if you
are not a voter or a candidate or candidate’s election agent from that constituency.
DON’Ts
(1) Any and all advertisements at the cost of the public exchequer regarding
achievements of the party/Government in power as prohibited.
(2) No Minister shall enter any polling station or the place of counting, unless he or
she is a candidate or as a voter only for voting.
(6) No activity, which may aggravate existing differences or create mutual hatred or
cause tension between different castes, communities or religious or linguistic groups
shall be attempted.
(7) No aspect of the private life, not connected with the public activities, of the
leaders or workers of other parties shall be permitted to be criticized.
(8) Other parties or their workers shall not be criticized based on unverified
allegations or on distortions.
(9) Temples, mosques, churches, gurudwaras or any place of worship shall not be
used as places for election propaganda, including speeches, posters, music etc., on
electioneering.
(10) Activities which are corrupt practices or electoral offences such as bribery, undue
influence, intimidation of voters, personation, canvassing within 100 meters of a polling
station, holding of public meetings during the period of 48 hours ending with the hour
fixed for the close of the poll and conveyance of voters to and from polling stations are
prohibited.
(12) Subject to the local laws, no one can make use of any individual's land, building,
compound wall, vehicles etc. for erecting flag staffs, putting up banners, pasting notices
or writing slogans etc. without specific permission of the owner (to be shown to the
officials concerned).
(15) Processionists shall not carry any articles, which are capable of being misused as
missiles or weapons.
(16) Posters issued by other parties and candidates shall not be removed or defaced.
(17) Posters, flags, symbols or any other propaganda material shall not be displayed
in the place being used on the day of poll for distribution of identity slips or near polling
booths.
(18) Loudspeakers whether static or mounted on moving vehicles shall not be used
either before 6 a.m. or after 10 a.m. and without the prior written permission of the
authorities concerned.
(19) Loudspeakers shall also not be used at public meetings and processions without
the prior written permission of the authorities concerned. Normally, such
meetings/processions will not be allowed to continue beyond 10.00 p.m. in the night
and will be further subject to the local laws, local perceptions of the security
arrangements of the area and other relevant considerations like weather conditions,
festival season, examination period, etc.
(21) Any political advertisement made for campaigning through electronic media, print
media, social media and web media is to be pre-certified by Media Certification and
Monitoring Committee (MCMC). Any objectionable content propagated through these
channels for campaigning purpose will make the candidates liable for prosecution.
(22) On the day of the poll, no person who has been assessed to be having a security
threat and therefore given official security shall enter the vicinity of a polling station
premise (within 100 meters) with his security personnel. Further, on the day of the poll
no such person shall move around in a constituency with his security personnel. If the
person provided with official security happens to be a voter also, then he or she shall
restrict his / her movement - accompanied by security personnel, to voting only.
(23) No person who has been assessed to be having a security threat and therefore
provided official security or who has private security guards for himself, shall be
appointed as an election agent or polling agent or counting agent.
NOTE: The above list of Do's' and Don'ts' is only illustrative and not exhaustive and is
not intended to substitute any other detailed orders, directions/instructions on the
above subjects, which must be strictly observed and followed.