:: National Dalit Election Watch

India is a democratic country. Indian constitution makes it clear that all citizens in the country are equal before law. Our constitution ensures Universal Adult Franchise to all citizens in elections to the Lok Sabha, the Vidhan Sabha, the three-tier Panchayati Raj Institution and Municipality and Corporation. In Indian constitution every adult citizen irrespective of caste, religion or sex enjoys equal right to vote. But even after 62 years of independence it is a travesty of justice that Dalit communities in a significant number of regions are unable to exercise their right of franchise in a free and fair manner as envisaged in the constitution. Violent strategies are deployed by non-Dalit communities’ vested interests to either prevent Dalits from voting or to force them to vote for candidates against their wish or separate queues. As per the survey done by different organizations, in more than 18% of villages Dalits were prevented to vote, forcing the Dalits to vote their candidates is prevailing in more than 50% of villages, in more than 8% villages practice of separate queues at poling booths is existing and in 18% of villages Dalits are permitted to vote only after dominant castes and also we are all know nature and extent of violence and the threat of violence before, during or after elections.

This pervades elections at all levels – from Loksabha to Panchayats. With the increasing politicization of the Dalit electorate and the awareness of the influence their votes and alliances can have in many constituencies or wards, nervous dominant caste interests have been increasingly becoming violent. This is a serious subversion of constitutional rights and also a criminal offence under the SC & ST (Prevention of Atrocities) Act, 1989

We have powerful constitutional and legal provisions that can be used to protect these rights, but the question is the commitment of state authorities to commit to their constitutional obligations. Article 14 talks about equality before law. It says the State shall not deny to any person equality before law or equal Protection of laws within the territory of India. Article 15 talks about prohibition of discrimination. It says the State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, and place of birth or any of them. Article 19 says all citizens shall have the right to freedom which includes right to vote independently. There is also a specific safeguards contained in section 3 (1) (vii) of the Scheduled Caste/Scheduled Tribe (PoA) Act 1989 and 171 (a) to (g) of Indian Penal Code 1860 to protect the rights of marginalized groups namely the Scheduled caste and Scheduled Tribe community.

In spite of all this even today Dalit men and women are the worst sufferers of caste system round the nation which not only perpetuates social hierarchy but also institutionalized discrimination and social exclusion; the key issues are untouchability, susceptibility to physical violence, barriers to participate in decision making process and access to basic services. All these lead to extreme level of marginalization and dehumanization of the Dalit men and women.

But we cannot ignore the fact that the special provisions in the constitution and numerous efforts to access and implement such provisions have definitely resulted in transformation. The most significant result has been enhanced political awareness. Increasing political awareness of the marginalized communities is leading to violent backlashes from the anxious upper caste interests across the political spectrum. At the local level this increasingly manifests in rivalry among caste groups in the run up to elections, in an effort to secure the numbers game. The time tested equations of vote bank politics are being transformed with eloquent Dalit and OBC leaders emerging on the electoral and political scenario. This is also being accompanied by other forms of political mobilization by Brahmanical forces based on Hindutva, using polarization of society along communal lines, employing violence wherever required. The position of Dalit communities is precarious in this dangerous form of politics. We have seen how Dalits have been caught in the political cross fire and violence in Gujarat and Kandhamal. We have seen violence recently in Kandhamal and other parts of Orissa, Madhya Pradesh and Karnataka, we have seen violence instigated by Maharashtra Navanirman Sena, We have seen state-sponsored violence in POSCO and Nandigram, and we have seen bomb-explosion in Modasa and Malegaon. Every time elections are around the corner we have seen a campaign to divide and polarize the society, with no regard to loss of lives and violation of human rights.

Any analysis of the political structure of India, at present, and any predictions of its future will confirm the place of Dalit politics within it. It is fairly evident that as a marginalized group, the Dalits can no longer be ignored. However, this was not always so. Having faced centuries of oppression, the Dalits (taken here to mean largely the `untouchables' but politicians who coined the term took it to symbolize a wider coalition of the oppressed and disadvantaged), have suddenly found a new voice in the Indian political arena.

It is extremely important that in the forthcoming Lok Sabha elections the Dalit movement in India take cognizance of this precarious situation and take concerted action to ensure that Dalit Communities across the country are enabled to exercise their right of franchise. On the one hand we have seen some political forces appeasing and exploiting the Dalit population to enrich its vote-bank, whereas on the other hand we have seen some political forces insinuating and strengthening the Hindu dominant caste population against the Dalit population. From both ways the sufferers are the Dalits population who are at the receiving end. Both these forces do not hesitate to unleash violence as a means to establish their supremacy. Therefore, it is expected to climax into more heinous violence and dirty politics in election.

Guidelines for Identification and Mapping of Sensitive Constituencies and Areas for NDEW

- Prepare short notes on the instances of such violence through field visits to such areas
- Interviews with the residents and victims and activists working in the area to get first hand accounts of such instances; and also to understand the political rivalries - past and present - in the area
- Whether the victims lodged formal complaints against the violence, and the details of that complaint.
- Information on action taken or not taken by the authorities in the event of such violations. This can also be verified with the information from the election officials and district authorities
- If the victims did not lodge formal complaint, reasons for so doing.
- The social and political reasons for such violence, and linkages with the voting patterns, particularly of Dalit communities in the area

All the above information, post-collation, may be put in the following tabular formats for ready reference.

(The above tables should be accompanied by descriptive reports on the data collected on violence against Dalits in elections also).

Every sensitive polling station area selected for the watch should have a volunteer who would be the front line functionary of the NDEW. This volunteer should ideally be a Dalit youth from the same area with intimate knowledge of the Dalit communities and the political situation of that area. The organizations and activists working in that area would be best equipped to identify these volunteers.
Ideally a polling station needs only one volunteer, but if the Dalit settlements are many and are far flung then there may be two.
The volunteers should not be associated with any political party and should not be engaged in any political negotiation with political parties on behalf of any candidate, even if the candidate may be independent.
The volunteers would be oriented by the workers from the organizations who would have attended the Regional Consultation of NDEW.
The volunteers would be required to be available full time 3 – 4 days before the polling date for the respective polling station and 2 – 3 days after the polling date.

Holding a State Consultation of all concerned organizations and activists, constituting a state committee, and opening a State Control Room (SCR)

The organizations interested in DEW should come together for a state level consultation after the completion of the above preparatory tasks. The list of vulnerable and sensitive areas to be watched should be finalized, and the state of preparedness of the EC in those areas should be assessed.
A state committee of NDEW should be formed with representation from all stakeholders
A Concerned Citizens’ Group of eminent people (3 – 5 persons) from the State should be constituted who could then be the face and spokespersons of NDEW in the state.
The SCR has to be set up at the state capital which would be functional 24 x 7 with a helpline managed by well oriented and well informed volunteers. It would come into being a fortnight prior to the polling date and would remain operational for a fortnight after the polling date. The SCR would be a space offered by any one of the organizations forming part of the DEW process in the state. A dedicated phone line, fax and a computer with internet connectivity also would be made available by the committee to the SCR. The SCR would be the first point of contact for the volunteers and Dalit voters.

Production of Communication Material

Prepare for dissemination, pamphlets and posters informing the Dalit communities about the NDEW in a way that inspires confidence in taking proactive steps to counter violence, threats and intimidation.
Communication material should give the legal provisions and the arrangements made by the EC to prevent intimidation, threats and violence and the steps to be taken if such incidents occur

The methodology of the NDEW, the activities involved and the responsibilities at various levels

Awareness building at the community level regarding the NDEW through dissemination of communication material such as pamphlets and posters which would be disseminated in a campaign mode.
Informal meetings with the community in the selected sensitive areas in order to introduce the volunteer to the Dalit communities in the area and brief them regarding the moDality of action in case of violation.
Meticulous recording of all cases of violation immediately as it happens, communication of the same to the SCR and the NCR
Immediate conversion of the cases recorded into complaints and lodging the same with the EC officials at the local and state levels, and if necessary at the national level.
Representation of serious cases or of instances of inaction by officials to the EC by the CCGs
Documentation of all the cases, action taken / not taken, lessons learned about the effectiveness of the methodology and interventions through an evaluation.

Responsibility of the volunteer

The volunteer would have to station him/herself in the polling station area 3 days prior to the polling date, on the day of polling and 3 days after the polls. He/she is expected to be alert to all and any kinds of violations (most often subtle) of the right to franchise, over and beyond physical violence.
The volunteer should have with him/her the phone number and contact details of: a) the micro-observer for that particular polling station, b) the observers for the constituency, c) the DEO and, d) the RO.
The volunteer would be expected to maintain a daily register of ‘suspicious’ events and happenings in the polling station area, and to maintain telephonic contact with the SCR to be advised on the possible course of action in case of a serious case emerging. This would help the SCR to forward the complaint to the EC or to forewarn the EC about the developing case.
In the event of actual violence / complaint, the volunteer should first inform the SCR (fax or telephonically), get the statements of the affected persons and draft a complaint on the basis of that and lodge it with the nearest available police station and with the local election commission officials. The complete details of the case should be recorded by the volunteer to facilitate effective complaints.

Guidelines for recording complaints

The context of the complaint – mentioning the election taking place at the polling station (name of area, block, district)
Description of the incident

Violence, threat and intimidation, to exert undue influence on the election process

Mention the exact time, date, place, names, caste / community, political affiliations and addresses of the people involved in perpetrating violence, trying to exert undue influence on the election process by threat or intimidation or social pressure
Describe the actual words of the accused and the exact words of threats and abuses (caste based abuses should be stated explicitly if they have been used). Also mention clearly the pressure they were trying to exert in terms of voting for any particular candidate, or pressure not to cast their votes.
Describe the actual actions of the accused if they perpetrated any form of physical violence, the weapons they wielded and damage done to house and other belongings
Describe injury caused to any of the Dalit community members in the incident.

If evidence of rigging comes to your notice:

Describe the nature of rigging that has taken place. If it becomes clear that when Dalit voters reached the polling station to cast their votes, and found that their votes were already cast, or they are turned back giving some reason or other, then describe the entire process in the complaint to the election officer concerned.
If the Dalits have been turned away from the polling booth to allow the ‘upper’ castes to cast their votes first, or are made to stand in a different queue from the others, then the incident has to be brought to the notice of the election officer, and the written complaint to be sent to the same as well as to the SCR.

Role of the SCR

The functionaries in the SCR should be equipped to meticulously record all the information and data that comes to it from the volunteers stationed in different parts of the state.
Counselling the volunteers and citizens as to the various steps that could be taken at the local level.
The information received from the volunteers would be immediately converted into complaints wherever required and forwarded to the state / district Election officials for action.
Daily updates to be forwarded to the NCR
Promptly communicating the incidence of violations and details of complaints lodged to the CCGs for their advice and suggestions.
Arranging for the meetings of the CCG with the CEO if required
Giving out press releases and managing the media interface at the state level.

Role of the NCR

Regular communication with the SCRs to compile the incidence of violations and the complaints filed thereof
Requisite advice and counselling to be provided to the SCR functionaries
Selection of serious cases in a timely manner to be reported to the EC at the national level.
Arranging for the meetings of the CCG (national) with the Election Commissioners if required.
Uploading updates on the NDEW website and disseminating the same to civil society and the media
Managing the media interface at the national lev

Role of the CCGs (both national and state levels)

CCGs will represent the civil society in this endeavour to secure the right of franchise of the Dalit communities
They will take cognizance of the cases of electoral offences and violations documented and reported by the SCRs and the NCR and advise the functionaries of the NDEW on the strategies of action
Briefing and building up citizens’ pressure on the EC at the national / state levels about serious cases that deserve immediate attention.
Periodic interface with the media on behalf of NDEW

Legal Provisions Related to Electoral Offences

INDIAN PENAL CODE

Sec 153A - Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc, and doing acts prejudicial to maintenance of harmony

(a) By words, either spoken or written, or by signs or by visible representations or otherwise, promotes or attempts to promote, on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, disharmony or feelings of enmity, hatred or ill-will between different religious, racial, language or regional groups or castes or communities, or

b) Commits any act which is prejudicial to the maintenance of harmony between different religious, racial, language or regional groups or castes or communities, and which disturbs or is likely to disturb the public tranquility,

Sec 171A. "Candidate", "Electoral right" defined

For the purposes of this Chapter-

1(a)"candidate" means a person who has been nominated as a candidate at any election;]

(b) "Electoral right" means the right of a person to stand, or not to stand as, or to withdraw from being, a candidate or to vote or refrain from voting at any election.

Sec 171B. Bribery
(1) Whoever-

(i) Gives a gratification to any person with the object of inducing. him or any other person to exercise any electoral right or of rewarding any person for having exercised any such right; or

(ii) Accepts either for himself or for any other person any gratification as a reward for exercising any such right or for inducing or attempting to induce any other person to exercise any such right;

Commits the offence of bribery :

Provided that a declaration of public policy or a promise of public action shall not be an offence under this section

(2) A person who offers, or agrees to give, or offers or attempts to procure, a gratification shall be deemed to give a gratification.

(3) A person who obtains or agrees to accept or attempts to obtain a gratification shall be deemed to accept a gratification, and a person who accepts a gratification as a motive for doing what he does not intend to do, or as a reward for doing what he has not done, shall be deemed to have accepted the gratification as a reward.

Sec 171C. Undue influence at elections

(1) Whoever voluntarily interferes or attempts to interfere with the free exercise of any electoral right commits the offence of undue influence at an election.

(2) Without prejudice to the generality of the provisions of sub-section (1), whoever-

(a) Threatens any candidate or voter, or any person in whom a candidate or voter is interested, with injury of any kind, or

(b) induces or attempts to induce a candidate or voter to believe that he or any person in whom he is interested will become or will be rendered an object of Divine displeasure or of spiritual censure, shall be deemed to interfere with the free exercise of the electoral right of such candidate or voter, within the meaning of sub-section (1).

(3) A declaration of public policy or a promise of public action, or the mere exercise of a legal right without intent to interfere with an electoral right, shall not be deemed to be interference within the meaning of this section.

Sec 171D. Personation at elections

Whoever at an election applied for a voting paper or votes in the name of any other person, whether living or dead, or in a fictitious name, or who having voted once at such election applies at the same election for a voting paper in his own name, and whoever abets, procures or attempts to procure the voting by any person in any such way, commits the offence or personation at an election.

Sec 171E. Punishment for bribery
Whoever commits the offence of bribery shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both:

Provided that bribery by treating shall be punished with fine only

Explanation- "Treating" means that form of bribery where the gratification consists in food, drink, entertainment, or provision.

Sec 171F. Punishment for undue influence or personation at an election

Whoever commits the offence of undue influence or personation at an election shall be punished with imprisonment of either description for a term which may extend to one year or with fine, or with both.

REPRESENTATION OF PEOPLE’S ACT, 1951

Sec 123. Corrupt practices. The following shall be deemed to be corrupt practices for the purposes of this Act:

4(1) "Bribery", that is to say-

(A) any gift, offer or promise by a candidate or his agent or by any other person with the consent of a candidate or his election agent of any gratification, to any person whomsoever, with the object, directly or indirectly of inducing-

(a) a person to stand or not to stand as, or [to withdraw or not to withdraw] from being a candidate at an election, or
(b) an elector to vote or refrain from voting at an election, or as a reward to-

(i) A person for having so stood or not stood, or for his candidature; or
(ii) An elector for having voted or refrained from voting;

(B) The receipt of, or agreement to receive, any gratification, whether as a motive or a reward-

(a) By a person for standing or not standing as, or for [withdrawing or not withdrawing] from being, a candidate; or

(b) by any person whomsoever for himself or any other person for voting or refraining from voting, or inducing or attempting to induce any elector to vote or refrain from voting, or any candidate [to withdraw or not to withdraw] his candidature.

(2) Undue influence, that is to say, any direct or indirect interference or attempt to interfere on the part of the candidate or his agent, or of any other person 1[with the consent of the candidate or his election agent], with the free exercise of any electoral right:

Provided that-

(a) Without prejudice to the generality of the provisions of this clause any such person as is referred to therein who-

(i) threatens any candidate or any elector, or any person in whom a candidate or an elector is interested, with injury of any kind including social ostracism and ex-communication or expulsion from any caste or community; or

(ii) induces or attempts to induce a candidate or an elector to believe that he, or any person in whom he is interested, will become or will be rendered an object of divine displeasure or spiritual censure, shall be deemed to interfere with the free exercise of the electoral right of such candidate or elector within the meaning of this clause;

Sec 125. Promoting enmity between classes in connection with election.

Any person who in connection with an election under this Act promotes or attempts to promote on grounds of religion, race, caste, community or language, feelings of enmity or hatred, between different classes of the citizens of India shall be punishable, with imprisonment for a term which may extend to three years, or with fine, or with both.

Sec 131. Penalty for disorderly conduct in or near polling stations.— (1) No person shall, on the date or dates on which a poll is taken at any polling station,—
(a) use or operate within or at the entrance of the polling station, or in any public or private place in the neighborhood thereof, any apparatus for amplifying or reproducing the human voice, such as a megaphone or a loudspeaker, or
(b) shout, or otherwise act in a disorderly manner, within or at the entrance of the polling station or in any public or private place in the neighborhood thereof, so as to cause annoyance to any person visiting the polling station for the poll, or so as to interfere with the work of the officers and other persons on duty at the polling station.

(2) Any person who contravenes, or willfully aids or abets the contravention of, the provisions of sub-section (1) shall be punishable with imprisonment which may extend to three months or with fine or with both.

(3) If the presiding officer of a polling station has reason to believe that any person is committing or has committed an offence punishable under this section, he may direct any police officer to arrest such person, and thereupon the police officer shall arrest him.

(4) Any police officer may take such steps, and use such force, as may be reasonably necessary for preventing any contravention of the provisions of sub-section (1), and may seize any apparatus used for such contravention.

Sec 132. Penalty for misconduct at the polling station.— (1) Any person who during the hours fixed for the poll at any polling station misconducts himself or fails to obey the lawful directions of the presiding officer may be removed from the polling station by the presiding officer or by any police officer on duty or by any person authorized in this behalf by such presiding officer.

(2) The powers conferred by sub-section (1) shall not be exercised so as to prevent any elector who is otherwise entitled voting at that station.

(3) If any person who has been so removed from a polling station re-enters the polling station without the permission of the presiding officer, he shall be punishable with imprisonment for a term which may extend to three months, or with fine, or with both.

(4) An offence punishable under sub-section (3) shall be cognizable.

Sec 132A. Penalty for failure to observe procedure for voting.—If any elector to whom a ballot paper has been issued, refused to observe the procedure prescribed for voting the ballot paper issued to him shall be liable for cancellation.

Sec 134. Breaches of official duty in connection with election.—(1) If any person to whom this section applies is without reasonable cause guilty of any act or omission in breach of his official duty, he shall be punishable with fine which may extend to five hundred rupees.

(1A) An offence punishable under sub-section (1) shall be cognizable.

(2) No suit or other legal proceedings shall lie against any such person for damages in respect of any such act or omission as aforesaid.

(3) The persons to whom this section applies are the district election officers, returning officers, assistant returning officers, presiding officers, polling officers and any other person appointed to perform any duty in connection with the receipt of nominations or withdrawal of candidatures, or the recording or counting of votes at an election; and the expression "official duty" shall for the purposes of this section be construed accordingly, but shall not include duties imposed otherwise than by or under this Act.

Sec 134B. 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 who is on duty at the polling station, shall, on a polling day, go armed with arms, as defined in the Arms Act, 1959 (54 of 1959), of any kind within the neighborhood 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) Notwithstanding anything contained in the Arms Act, 1959 (54 of 1959), where a person is convicted of an 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 offence punishable under sub-section (2) shall be cognizable.

Sec 135. Removal of ballot papers from polling station to be an offence.—(1) Any person who at any election 3[unauthorizedly] takes, or attempts to take, a ballot paper out of a polling station, or willfully aids or abets the doing of any such act, shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to five hundred rupees or with both.

(2) If the presiding officer of a polling station has reason to believe that any person is committing or has committed an offence punishable under sub-section (1), such officer may, before such person leaves the polling station, arrest or direct a police officer to arrest such person and may search such person or cause him to be searched by a police officer:
Provided that when it is necessary to cause a woman to be searched, the search shall be made by another woman with strict regard to decency.

(3) Any ballot paper found upon the person arrested on search shall be made over the safe custody to a police officer by the presiding officer, or when the search is made by a police officer, shall be kept by such officer in safe custody.
(4) An offence punishable under sub-section (1) shall be cognizable.

Sec 135A. Offence of booth capturing.—(1) Whoever commits an offence of booth capturing shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to three years and with fine, and where such offence is committed by a person in the service of the Government, he shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to five years and with fine.

Explanation — For the purposes of 7[this sub-section and section 20B, "booth capturing" includes, among other things, all or any of the following activities, namely:—
(a) seizure of a polling station or a place fixed for the poll by any person or persons, making polling authorities surrender the ballot papers or voting machines and doing of any other act which affects the orderly conduct of elections.

(b) taking possession of a polling station or a place fixed for the poll by any person or persons and allowing only his or their own supporters to exercise their right to vote and 6[prevent others from free exercise of their right to vote.
(c) Coercing or intimidating or threatening directly or indirectly any elector and preventing him from going to the polling station or a place fixed for the poll to cast his vote.

(d) seizure of a place for counting of votes by any person or persons, making the counting authorities surrender the ballot papers or voting machines and the doing of anything which affects the orderly counting of votes.

(e) Doing by any person in the service of Government, of all or any of the aforesaid activities or aiding or conniving at, any such activity in the furtherance of the prospects of the election of a candidate.

(2) An offence punishable under sub-section (1) shall be cognizable.

SCHEDULED CASTES AND THE SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT, 1989

OFFENCES OF ATROCITIES

Sec 3. (1) Whoever, not being a member of a Scheduled Caste or a Scheduled Tribe,—

(vii) forces or intimidates a member of a Scheduled Caste or a Scheduled Tribe not to vote or to vote to a particular candidate or to vote in manner other than that provided by law;

(ix) gives any false or frivolous information to any public servant and thereby causes such public servant to use his lawful power to the injury or annoyance of a member of a Scheduled Caste or a Scheduled Tribe;

(x) Intentionally insults or intimidates with intent to humiliate a member of a scheduled Caste or a Scheduled Tribe in any place within public view;

shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to five years and with fine.

Sec 3. (2) Whoever, not being a member of a Scheduled Caste or a Scheduled Tribe-

(vii) Being a public servant, commits any offence under this section, shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to the punishment provided for that offence.

Orders and Guidelines by Election Commission of India

SN	Ref. No	Contents	Responsible Authorities
1.	No.464/OBS/2008/EMS/Vol.II 30th January, 2009	Duties and Responsibilities of Nodal Officer To co-ordinate all matters relating to the Observers between the State /Govt./Ministries/Department and the Commission. Ensure that the lists in Formats OBS01 (List of Officers sponsored for appointment as Observers) and OBS02 (List of Officers not sponsored for appointment as Observers) are sent in time with as many officers in OBS01 as sought from the sponsoring authority. Ensure that the information sought in the formats is properly filled and are correct and up-to-date. Ensure that the reasons stated in OBS02 for not sparing an officer are self-explanatory. Ensure that any mid course changes in the details of the officers provided in the beginning of the period are properly communicated to the Commission for incorporating for the same in Commission’s list.. Ensure that the officers selected for briefing are informed well in time and that they attend their briefing. Ensure that the appointment orders of the Observers are served to the concerned officers in time. In case, an Observer is to be replaced by the sponsoring authority, it should be done at the first instance and not only after orders of his appointment or deployment are issued. It is responsibility of the Nodal Officer to ensure that all proposals of replacement, on personal or official grounds are sent in the formats prescribed, giving full details as sought in the format. In case, an Observer has sought exemption, it is the responsibility of the Nodal Officer to ensure that the request of exemption is made in the format prescribed, giving full details as sought in the format. Ensure that the decision of the Commission regarding replacement and exemption is communicated to the officers concerned in time and they act in accordance to the orders of the Commission. Ensure that the deployment orders are served in time, as and when they are issued and that the Officers travel towards their respective places of deployment as per the visit schedule provided by the Commission without fail. Bring any default to the notice of the Commission and the sponsoring authority at the earliest.	Nodal Officer in the rank of Addl. /Joint Chief Electoral Officer.
2.	No. 464/INST/2009/EPS 21st January, 2009	Instructions to be followed by Presiding Officers at the polling station at the end of poll All Presiding Officers shall close the EVM by pressing ‘CLOSE BUTTON’ at the end of poll in presence of polling agents, as may be present. All Presiding Officers shall draw a line at the end of poll after the last entry in Form 17A and shall record the signed statement thereafter “The serial number of last entry in Form 17A is_______” and obtain the signatures of all polling agents, as may be present, below this statement. All Presiding Officers shall give one attested copy of Form 17C (Account of Votes Recorded) at the end of poll to all polling agents, as may be present, irrespective of their asking.	The Chief Electoral Officers of all States/UTs.
3.	No.437/6/INST/2008-CC&BE 18th February,2009	Model Code of Conduct The campaign by the leaders should be meticulously tracked. Any violation committed by candidate set up by recognized parties or by the star campaigners during campaign should invariably be reported to the Commission for immediate follow up action at the level of the Commission so that the action receives required visibility. To maintain a party-wise register to track the instances of violations being committed by various candidates and campaigners of various political parties. This should be a sort of daily register indicating names of the candidate, campaigner and political party. Brief description of violation, date of violation, follow up action taken and the order passed by any election official/the Commission, if any. The above document (violation index) should also to be put in public domain so that interested parties including the media can pick up the input and this may work as deterrence for the candidates and political parties against indulging in any violation.	Chief Electoral Officers of all States and Union Territories. Chief Electoral Officers and District Election Officers Chief Electoral Officers and District Election Officers
4.	No.464/GJ-LA/2007- 6th October 2007	Model Code of Conduct - Complaint Monitoring System A Complaint Monitoring System shall be introduced. All the complaints received shall be maintained in a computerized database indicating serial number, date, nature of complaint, source of complaint, deadline if any, given for enquiry and report, action taken and remarks. Complaints may be broadly categorized so that the category-wise analysis can be easily done. At the District Election Officer’s level one or more teams comprising a Police and Civil Officer and Videographer shall be formed for each constituency to ensure observance of model code of conduct in time, so as to ensure the observance of the model code of conduct from the day one .These teams will report each violation/complaint to the Returning Officer & District Election Officer and action taken thereon on a daily basis. The District Election Officer will review and monitor the complaints and in turn, send a consolidated report for the district to the Chief Electoral Officer. The Chief Electoral Officer will send the information in the proforma to the Commission daily. For enquiring the complaints of serious nature, the District Election Officer shall identify few credible senior officers with earmarked vehicles for doing such enquiry on day-to-day basis and submit a report to the District Election Officer. Such officer/officers shall be carefully identified by the District Election Officer. The working of the complaint monitoring system at the Chief Electoral Officer’s office/ District Election Officer’s office/at the level of Returning Officer shall be monitored by the Chief Electoral Officer. The transparency shall be maintained in dealing with the complaints at every level. Demonstrative action taken on any serious complaint shall be brought to the knowledge of the public through electronic/print media as a confidence building measure regularly. To monitor the promptness on the part of Chief Electoral Officer’s office/ District Election Officers/Returning Officers in dealing with the complaints.	The Chief Electoral Officers of All States and Union Territories District Election Officer/ Chief Electoral Officer District Election Officer Chief Electoral Officer District Election Officer Chief Electoral Officer. The Commission
5.	No.464/INST/2008/EPS 21st January,2009	General Election to the Lok Sabha, 2009 – Carrying of copy of Electoral rolls inside the polling station by polling agents.– Polling agents may be allowed to carry their copy of electoral rolls inside the polling station and make tick marks whenever voters cast their vote. under no circumstances, the polling agents can be allowed to carry the electoral roll copy available with him outside the polling station during the course of the polling and till the polling is closed either by himself or through the relieving agent. Under no circumstances, the agents can be allowed to send slips outside indicating the Serial Numbers of the voters who have voted or not voted.	The Chief Electoral Officers of all States/Uts.
6.	No. 464/INST/2008/EPS No.464/L&O/2007/PLN- 08.01.07	Preventive Law & Order Action to ensure conduct of peaceful, free and fair poll during the General Elections/Bye-elections To compile a list of such persons as are reported to have indulged in electoral offences like booth capturing, intimidation, impersonation in each police station of each and every constituency during the past at least two elections. the list to be made available to the concerned District Election officer and the returning officer of each assembly Constituency to be forwarded to the Commission. to update the lists of history sheeters, declared absconders, fugitive criminals in each police station falling in each and every assembly Constituency and record of such updated listed handed over to the District Election Officers and Returning Officers concerned, constituency wise, with a view to be kept ready for dispatch to the Commission if and when asked for. The service of all pending warrants and challans in each police station of each and every Assembly Constituency and fortnightly updated constituency-wise information of unserved warrants be made available to the concerned District Election Officer and Returning Officer to be forwarded to the Commission. to expedite the investigation and prosecution of all electoral offences registered in previous elections in each police station of each and every Assembly Constituency and a fortnightly report made available to the concerned District Election Officer and Returning Officer to be forwarded to the Commission. ‘Dry Day’ shall be declared and notified under relevant state laws for the stipulated period for the poll areas. The day on which counting of votes is to be taken up, shall also be declared ‘Dry Day’. Section 144 of the Criminal Procedure Code, 1973 shall be issued banning the carrying of licensed arms as soon as an election is announced and should be effective till the declaration of results. States should conduct a 100% scrutiny of licenses of arms and ammunition shops with a view to ensuring that their, recent involvement in irregularities, if any, and political leanings, if any. Issue of license for arms will be totally prohibited during the period commencing with the date of announcement of elections. Seize unlicensed arms and ammunition and persons involved shall be arrested. Inter-state and inter-State movements of trucks and commercial vehicles shall be strictly checked with a view to preventing smuggling of arms and ammunition and anti-social elements. Review and assessment (in accordance with the prevalent State laws) of all license holders so that licensed arms in those cases where they consider it essential are impounded in order to ensure maintenance of law and order so essential for ensuring free and fair elections. Compilation of daily law & order report for each district.	Chief Secretaries of all States & Union Territories The Chief Electoral Officers of all States & Union Territories. The Chief Electoral Officers of all States & Union Territories. The Chief Electoral Officers of all States & Union Territories/ District Election Officers and Returning Officers The Chief Electoral Officers of all States & Union Territories/ District Election Officers and Returning Officers The Chief Electoral Officers of all States & Union Territories/ District Election Officers and Returning Officers District Election Officers and Returning Officers The Chief Electoral Officers of all States & Union Territories The Chief Electoral Officers of all States & Union Territories DM/State Police Chief Secretary
7.	No.464/INST/2007-PLN-I 12th October, 2007	Measures to ensure free and fair elections- Prevention of intimidation to the voters of vulnerable sections of electorate- Mapping of Vulnerability- To identify the villages/ hamlets/habitats and segments of electorate vulnerable to any threat, intimidation or interference with the free exercise of electoral right shall be taken up polling station wise. The local Thana officer (SHO) and local civil authorities such as BDO / Tehsildar shall also be consulted and their inputs taken into account before finalizing the list. They should identify the source of such threat/ intimidation and identify the names of persons who are likely to spearhead such offence of undue influence. While doing this exercise they shall take into account the past incidents, and current apprehensions. They shall identify some point of contact within the habitat/ community vulnerable for such undue influence so that information related to such developments can be tracked constantly. Compile all such information and finalize the vulnerability mapping for the entire constituency, polling station wise in a format. The DEO and SP shall initiate all preventive measures to ensure that such intimidation/ obstruction do not really happen on the poll day. They shall initiate confidence-building measures to bolster the voters’ confidence and meet the communities and explain the arrangements made for the free and fair poll. The District Intelligence shall give regular feedback on the subject to the DEO through SP. Upon the arrival of the Observers the DEO/ RO shall hand over the details of the polling station wise vulnerability mapping for the relevant Assembly Constituency. The Observer will also visit such locations and interact with the voters and constantly monitor the developments. The DEO and Superintendent of Police of the District should hold a joint review on the subject and finalize a focused action plan to deal with the potential threats and intimidation points identified. If map does not cover the vulnerable locations, the Sector officers shall make regular visits to those villages and hamlets in advance and collect information and keep the senior officers informed. On the day of poll, the sector officers shall give special attention to verify whether voters from the vulnerable habitats/ communities are turning up for voting or not. In case, they find that some section of voters is conspicuously absent, then they should inform the Returning Officer about this immediately. The Returning Officer and DEO shall dispatch the dedicated squad specifically meant for this purpose, to ascertain, by a visit to the area/hamlet, that there is no hindrance – overt or covert – in movement of that section of voters. After the closing hours on the poll day, the sector officers shall submit a special report, polling station wise, in writing to the Returning Officers indicating as to whether voters from the vulnerable habitats were able to vote or not. At the time of Dispatch of the polling parties at the Dispatch Centers the RO should brief the Presiding Officer concerned about the vulnerable locations within the Polling Station area. In the electoral roll the Section within the Part should also be marked for proper monitoring. The Presiding officers shall submit a report indicating abnormally low percentage of voter turnout if any within any section/sections, particularly, with reference to the vulnerable locations. During the poll the Observers and other senior officers while visiting the polling station shall pay a special attention to this problem and find out whether any undue influence, intimidation/ obstruction is being caused. The police patrolling parties should keep track of the vulnerable locations and keep the control room informed. Wherever necessary police pickets shall be established to ensure free access to all voters to cast their votes without fear. The Commanders/Assistant Commanders of the CPMF shall be given a list of such vulnerable locations. On the day of poll they come across any obstruction they shall take note of that and immediately inform any of the electoral officials such as Domination, special attention shall be given for such locations. On the day of	Sector officers/ BDO / Tehsildar The Returning Officer DEO and SP District Intelligence/ DEO/SP DEO and Superintendent of Police Sector officers sector officers/ Returning Officer and DEO Returning Officer/ Presiding Officer Presiding officers Observers Ministry of Home Commanders/Assistant Commanders of the CPMF
		RO/DEO/SP/Observer/Sector Officer and keep a note of the time of their intimation. If any complaint is received or information gathered from any sources about obstruction/threat to any voter/voters the same shall be enquired into by the local administration without any delay. The Returning Officer shall take the inputs on mass scale intimidation/threat/obstruction if any into consideration while submitting their report after the poll. The Observers shall give their full attention to this issue and verify at every stage (before poll/on poll day) and submit reports to the Commission from time to time. A special mention shall be made about this in their final report.	Returning Officer Returning Officer Observers
8.	No.464/L&O/2007/PLN- 08.01.07	Security Plan and Force Deployment to ensure free, fair and peaceful conduct of elections to Lok Sabha and State Assemblies. State Deployment Plan will be prepared taking into account the available forces of the State Government/SAPF and CPMFs which will be made available by the Ministry of Home Affairs. The CEO of the State shall be actively associated in drawing up the State deployment plan. His recommendations on what quantum of forces should be deployed to which Constituency shall merit serious consideration in drawing up the plan. Both the State Deployment Plan and District Deployment Plan would be finalized at least one week before the day of poll. In the District Deployment Plan, it shall be ensured that all polling stations are covered with adequate static duty reinforced by necessary mobile patrolling at the level of "zones" and '"sectors". Particular attention should be paid to deploy CPMFs in constituencies and polling stations identified as sensitive / hyper sensitive. Among others the following may be considered as guiding factors in identifying sensitive and trouble prone areas/polling booths: Past history of the constituency or the polling area Incidents of Booth Capturing, violence, riots, large-scale impersonation etc. Information regarding abnormal law & order situation in particular area Specific complaints made by political parties and candidates Political rivalries Number of history sheeters and absconders Number of SC/ST electors Deployment of any force other than State’s own uniformed police force or the CPMFs, will require prior approval of the Commission. The deployment plan must spell out when and where the CPMFs are reaching the State. In pursuance to the directions given by the Hon’ble Supreme Court in its order no.9228 of 2003 (Janak Singh Vs. Ram Das Rai and others) dated 11.01.2005, the Commission has desired that one CPMF Jawan from the CPMF party posted at the polling station will be stationed at the entrance of the polling station so that he can keep a watch on the proceedings that are going on inside the polling station, If the CPMF Jawan posted at the entrance of the polling station discovers violation of the election process as above or observes something unusual going on inside the polling station, he shall not interfere in the poll process but report the same to the officer incharge of the CPMF party at polling station or observer. The officer incharge of CPMF party will in turn send this information to the Returning Officer and also Observer on the same day in writing for further necessary action. The Returning Officers/Observer will report cases from where adverse reports are received from the CPMF parties for further instructions of the Commission.	Ministry of Home Affairs CEO CEO CPMFs, CPMFs, CPMFs,
9.	No.:470/2009/EPS 22nd,January,2009	General Election to Lok Sabha-2009-Counting of Votes – Role of Commission’s Observers The Election Commission may nominate an Observer who shall be an officer of Government to watch the conduct of election or elections in a constituency or a group of constituencies and to perform such other functions as may be entrusted to him by the Election Commission. The Observer nominated shall have the power to direct the returning officer for the constituency or for any of the constituencies for which he has been nominated, to stop the counting of votes at any time before the declaration of the result or not to declare the result if in the opinion of the Observer booth capturing has taken place at a large number of polling stations or at places fixed for the poll or counting of votes or any ballot papers used at a polling station or at a place fixed for the poll are unlawfully taken out of the custody of the returning officer or are accidentally or intentionally destroyed or lost or are damaged or tampered with to such an extent that the result of the poll at that polling station or place cannot be ascertained.	The Chief Electoral Officers of all States and Union Territories.
10.	NO.464/INST/2007/PLN-I 12th October, 2007	Scrutiny of Register of Voters. to ensure that electoral abuses are effectively checked and not allowed to vitiate the poll process, to set up a proper system for receiving the Presiding Officer’s Diary, Visit Sheets, the Diaries maintained by Patrolling/Sector/Zonal Magistrates, record of images of voters captured by digital cameras (in respect of polling stations where cameras were deployed) and Complaint Registers of the District Control Room at the time of collection of polled material on poll day. Effective and thorough scrutiny of these will be necessary to identify cases of poll vitiation at any polling station. This exercise shall be carried out under close supervision of Observers, Returning Officers and District Election Officers. The intention is to identify the polling stations where electoral abuse could have taken place in subtle and concealed manner. to ensure that the electors at the time of casting vote should put on the Register of Electors either Left Thumb Impression or full signature. Under no circumstance, an elector having a left thumb be allowed to put any other finger mark on the Register of Electors. In order to check bogus voting, the Commission has decided to keep a tab on the polling percentage. Reports on polling percentage of all polling stations will be collected by the Commission after the polling is over.	All District Election Officers–cum-District Magistrates Observers, Returning Officers and District Election Officers The Presiding Officers and the Polling Officers CEO/RO/Observer
11.	NO.447/2007-PLN-IV 17.01.07	Use of Videography and digital cameras during elections – Consolidated Instructions thereon; arrangements to record through Videography of critical events during the process of electioneering, including but not restricted to the period of public campaign, the day of poll, the transport and receipt of polled ballot boxes and other materials, counting of votes and the declaration of results in an independent intelligent and purposeful manner. Following items should be considered for special watch and videography - Meeting addressed/attended by Ministers, top national/State level leaders recognized parties. Riots or riotous situations or commotions brick batting, free-for-all etc. Violent incidents, damaging of property, looting, arson, brandishing of arms etc Booth capturing. Intimidation of voters. Inducement / bribing of voters by distribution of items like saree, dhoti, blanket etc. Canvassing within 100 metres of polling stations. Vulgar display of expenditure like huge cutouts etc. Movement and activities of candidates with doubtful / criminal records Hypersensitive & sensitive polling stations Important events such as nomination, scrutiny and withdrawal of candidatures Preparation of EVMs by ROs Closure of strong room after deposit of EVMs therein ,Opening of strong rooms before taking out the EVMs for counting ,Counting process	Returning Officers
12.	NO.447/2007-PLN-IV 17.01.07	January 11, 2005 of the Hon'ble Supreme Court in Civil Appeal No.9228 of 2003 - (Janak Singh Vs. Ram Das Rai and others- suggestions/directions in the matter of conduct of free and fair election. CPF personnel to keep a watch on the proceedings in the polling Stations In the polling stations where CPF personnel have been deployed, one of the CPF personnel shall be stationed at the entrance of the polling station in such a manner that he can have an unrestricted view of the polling procedure in the polling station. 2. Videography at the polling station videography of the poll proceedings may be carried out inside the polling stations However, considering the practical difficulties in covering all polling stations, such videography may be done in only those polling stations where the observer considers it necessary. No videography be allowed by the media persons or by any other unauthorized persons inside the polling station, to maintain general order and secrecy of vote. 3. Utilization of Election Funds The Chief Electoral Officers should keep a strict and close watch over the election expenditure by their office and by the District Election Officers/Returning Officers and other authorities concerned, to ensure that election funds are not utilized for purposes other than for the conduct of elections. 4. Conduct of Observers the Observers should not accept undue hospitality of the State. This may be brought to the notice of all authorities concerned and all Observers in the State for strict compliance.	The Chief Electoral Officers of All States/UTs. The Chief Electoral Officers of All States/UTs. The Chief Electoral Officers of All States/UTs. The Chief Electoral Officers of All States/UTs.

ANNEXURES
General Elections -2009
NUMBER OF CONSTITUENCIES VOTING IN DIFFERENT PHASES
IN STATES & UNION TERRITORIES

STATES/ UTs	Constituencies	PHASES	POLL DATES AND PHASE
			16-Apr-09	23-Apr-09	30-Apr-09	07-May-09	13-May-09
			PHASES1	PHASES2	PHASES3	PHASES4	PHASES5
Andhra Pradesh	42	2	22	20
Arunachal Pradesh	2	1	2
Assam	14	2	2	11
Bihar	40	4	13	13	11	3
Goa	2	1		2
Gujarat	26	1			26
Haryana	10	1				10
Himachal Pradesh	4	1			1		4
Jammu & Kashmir	6	5	1	1	11	1	2
Karnataka	28	2		17
Kerala	20	1	20		16
Madhya Pradesh	29	2		13	10
Maharashtra	48	3	13	25
Manipur	2	2	1	1
Meghalaya	1	1	2
Mizoram	1	1	1
Nagaland	1	1	1
Orissa	21	2	10	11
Punjab	13	2				4	9
Rajasthan	25	1				25
Sikkim	1	1			1
Tamil Nadu	39	1					39
Tripura	2	1		2
Uttar Pradesh	80	5	16	17	15	18	14
West Bengal	42	3			14	17	11
Chhattisgarh	11	1
Jharkhand	14	2	11	8
Uttarakhand	5	1	6				5
Andaman & Nicobar Islands	1	1	1
Chandigarh	1	1					1
Dadra & Nagar Haveli	1	1			1
Daman & Diu	1	1			1
NCT of Delhi	7	1				7
Lakshadweep	1	1	1
Puducherry	1	1					1
Total Constituencies	543		124	141	107	85
Total States/UTs Polling on this Day			17	13	11	8