model code of conduct

BYE ELECTIONS TO J AND K LEGISLATIVE ASSEMBLY FOR DISTRICT BARAMULLA

Model Code of Conduct.

Since the Notification for bye-elections in Baramulla (7-Rafiabad, 12- Sangarama, & 15-Pattan) has been issued by Election Commission of India/Chief Electoral Officer J&K, the Model Code of Conduct in the district has come into force with immediate effect.

The salient features of the Model Code of Conduct are mentioned below for general information of all District officers, their subordinate agencies compliance in letter and spirit :-

1) From the time elections are announced by the Commission, Ministers and other authorities shall not :-

a) Announce any financial grants in any form or promises thereof ; or.

b) (Except Civil Servants) lay foundation stones etc of projects or schemes of any kind; or .

c) Make any promise of construction of roads, provision of drinking water facilities etc; or.

d) Make any adhoc appointments in Govt. , Public undertakings etc which may have the effect of influencing the voters in favour of the party in power.

2) 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. The Chief Electoral Officer and Additional /Joint/ Deputy Chief Electoral Officers;

ii. Divisional Commissioners.

iii. The District Election Officers, Returning Officers, Assistant Returning Officers and other Revenue Officers connected with the conduct of elections;

iv. Officers of the Police Department connected with the management of elections like range IGs and DIGs. Senior Superintendents of Police and Superintendents of Police, Sub Divisional level Police Officers like Deputy Superintendents of Police and other Police Officers who are deputed to the Commission under section 28A of the Representation of the People Act, 1951;

v. The transfer orders issued in respect of the above categories of officers prior to the date of announcement but not implemented till date should not be given effect to without obtaining specific permission from the Commission in this regard;

vi. This ban shall be effective till the completion of election. The Commission further directs that the state Govt. should refrain from making transfers of senior officers who have a role in the management of election in the State.

vii. In those cases where transfer of an officer is necessary on account of administrative exigencies, the State Govt. may with full justification approach the Commission for prior clearance.

3) No fresh release of funds under the Member of parliament (including Rajya Sabha Members) Local Area Development Fund shall be made in any part of the country where election is in progress. Similarly no fresh release of funds under the MLA’s/ MLC’s Local Area Development Fund shall be made, if any such scheme is in operation, till the completion of election process;

4) No work shall start in respect of which work orders have been issued before the issue of this letter but 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;

5) There shall be no ban to the release of payments of completed work(s) subject to the full satisfaction of the concerned officials;

Violations of Model Code of Conduct construes an offence and violation of election laws and is actionable perse.

Please take note of these instructions and acknowledge the receipt . These instructions shall be circulated to all the subordinate officers / officials for information and compliance.

All the District Officers and their subordinates are hereby directed to remain stationed at the District Headquarter/ respective place of posting and no body shall leave the station without express / written orders of District Election Officer.