Use of bikes, SMS campaigns, roadshows, conduct in polling stations: ECI rules

HYDERABAD: The Election Commission of India on Tuesday issued several instructions aimed at ensuring that election campaigns adhere to the Model Code of Conduct (MCC). These instructions are intended to prevent clashes and conflicts between political parties and their supporters, and to maintain peace and order throughout the campaign period.

Use of Bikes

The Commission believes that there's a need to regulate the use of bikes for electioneering purposes, issues the following instructions

The use of bikes in election campaigning is restricted solely for that purpose. The number of bikes allowed may be limited according to convoy rules, which stipulate that convoys should not exceed ten vehicles (excluding security vehicles). Larger convoys must be broken up, regardless of whether they carry government ministers or others, unless security instructions dictate otherwise.

Local administrations are responsible for ensuring compliance with these rules. Bikes not used for campaigning are subject to regulation under Section 144 of the Criminal Procedure Code. Each bike is permitted only one flag, with dimensions not exceeding 1 ft by ½ ft, and the pole or stick carrying the flag must not exceed 3 feet in length.

Road Shows

During elections, the use of official vehicles for campaigning or election-related travel is strictly prohibited. Convoys of vehicles, including those carrying government ministers, must not exceed ten vehicles (excluding security vehicles), and larger convoys must be broken up, subject to security instructions.

To regulate road shows and minimise inconvenience to the public, the Election Commission issues the following instructions

• Prior permission for road shows must be obtained from the Competent Authority.
• Road shows should preferably be held on holidays and during off-peak hours, avoiding routes with major hospitals, trauma centers, blood banks, and heavily crowded markets.
• The number of vehicles and participants in the road show must be communicated in advance.
• Road shows should not occupy more than half the road width to ensure public safety.
• Convoys in road shows must be broken after every 10 vehicles, maintaining a gap of 100 meters.
• Safety measures must be enforced, prohibiting the use of fireworks and firearms during road shows.
• Banners carried by hand should not exceed 6x4 feet in size.
• The use of loudspeakers is permitted according to existing ECI instructions and local laws.
• Displaying animals in road shows is prohibited, and children, especially those in school uniforms, should not participate.
• Only one flag, measuring 1 ft x ½ ft, per campaign vehicle is allowed in a road show, with permission from the relevant Returning Officer.

Use of Loudspeakers in processions and election meetings

• The Election Commission has outlined strict regulations regarding the use of loudspeakers during election periods
• Use of loudspeakers for electioneering purposes is restricted between 10:00 p.m. and 6:00 a.m., subject to local laws, court orders, and state pollution control board directives. Consideration should be given to local security perceptions, weather conditions, festivals, examination periods, etc.
• All loudspeakers, whether for propaganda or public meetings, should adhere to the restricted hours mentioned above.
• Loudspeakers used beyond the prescribed hours will be confiscated along with associated equipment.
• Authorities must ensure that sound levels from loudspeakers do not exceed permissible limits set by relevant laws/guidelines, with District Electoral Officers monitoring compliance.
• Political parties, candidates, and others using loudspeakers on vehicles must provide registration identification numbers to authorities issuing permits, which must be indicated on the permits.
• Vehicles using loudspeakers without proper permits will be confiscated.
• Parties, candidates, and others using loudspeakers must inform the Returning Officer and local police authorities in writing about permits obtained and vehicle registration details for mobile loudspeakers.
• State authorities granting permits and local police must enforce compliance with the regulations.
• No loudspeakers, whether on vehicles or otherwise, are permitted during the 48-hour period preceding the conclusion of polling in any area. Applications for loudspeaker use after this period will be considered based on individual merit and the need to maintain law and order until the election process is complete.

Use of flags

Political parties may display banners, flags, etc., on their property voluntarily, with written authorisation needed from candidates for electioneering displays, and a limit of three flags per party/candidate at residences and offices.

Regulations for banners and flags on vehicles include no distracting lights or horns on campaign vehicles, permission required for large flags/banners, limits on number and size of flags/banners per vehicle, convoy limits of 10 vehicles with breaks, and ensuring visibility of drivers and passengers. Additionally, strict adherence to National Flag protocols and laws is enforced during rallies.

Temporary Campaign Office

The Election Commission has set guidelines for temporary campaign offices established by candidates, including independents: offices must not encroach on public or private property, be situated within religious premises, adjacent to educational institutions or hospitals, or within 200 meters of existing polling stations. Only one party flag and banner with party symbols/photographs are allowed, with banners limited to '4 feet X 8 feet', subject to local laws. Expenditure must be accurately recorded and monitored by expenditure observers.

Associating Defence personnel/forces with electoral campaign

The Election Commission emphasised that the Armed Forces play a crucial role as guardians of a nation's frontiers, security, and political system, remaining apolitical and neutral in a modern democracy. Therefore, political parties and leaders must exercise caution when referencing the Armed Forces in their campaigns. The Commission advised against using photographs of the Chief of Army Staff or any defense personnel, as well as images of defense force functions, in any election-related advertisements, propaganda, or campaigning. Furthermore, political parties and candidates are urged to refrain from involving the activities of the Armed Forces in their political propaganda during election campaigning.

Prohibition of misuse of Short Message Services (SMSs)

The Election Commission has issued directives to address the transmission of objectionable messages via Short Message Services (SMS) during elections, which violate election laws and the Model Code of Conduct. Police authorities are instructed to advertise a special mobile number for receivers to forward such objectionable SMS along with the sender's number. They should then conduct inquiries to trace the original sender and take appropriate legal action

Bulk SMS used for electioneering during the campaign period will incur costs, which will be apportioned to the respective candidate(s) by the Chief Electoral Officer (CEO). Additionally, there is a 48-hour prohibition on transmitting political bulk SMS before the conclusion of the poll.

The commission instructed to communicate these directives to all concerned parties, including mobile service providers.

Wearing a political party's Name/ Symbol/ Badges, signs and slogan inside the Polling Station

According to Section 130 of the Representation of the People Act, 1951, campaigning, including wearing items like caps or shawls bearing political party symbols or slogans, is prohibited within polling stations on election days. However, plain caps without any symbols or slogans are allowed. This rule applies to counting centers on counting days as well.

This rule applies to counting centers on counting days as well.

The Election Commission has issued guidelines for organisations and individuals not affiliated with political parties or candidates during the Model Code of Conduct period:

• Avoid invoking religion or activities that could create discord among different groups, as these are offenses under various laws;
• Refrain from making statements attacking personal lives or decency
• Monitor public programs through videography, and take swift penal actions for violations, ensuring violators are not granted further permissions during the election period;
• If programs directly promote a candidate's electoral prospects, prior written authorisation from the candidate, as per Section 171H of the IPC, is required, with violations leading to prosecution.

Restrictions on the presence of political functionaries in a Constituency after the campaign period is over

Section 126 of the Representation of the People Act, 1951, mandates the cessation of campaign activities 48 hours before the close of polls. To uphold this, political functionaries and supporters brought from outside the constituency for campaigning should promptly leave after the campaign ends to maintain a fair election atmosphere. District election and police authorities must ensure their departure and take measures like checking community halls, verifying lodging places, setting up check-posts at constituency borders, and verifying identities to enforce compliance.

Exemptions on medical grounds require consultation with the Chief Electoral Officer, with a medical board constituted by the District Electoral Officer for health assessments. Compliance measures should be communicated to all concerned parties with reported actions to the Election Commission.

School and college grounds should be used for political meetings under certain conditions

• The academic calendar must not be disrupted.
• Permission from the school/college management and Sub Divisional Officer is required.
• Permission is granted on a first-come-first-served basis, with no monopolization by any political party.
• Any violation in the allotment process will be taken seriously by the Election Commission, with accountability lying with the Sub Divisional Officer.
• Political parties and campaigners must ensure compliance with these norms.
• The ground must be returned undamaged, or compensation must be provided for any damage caused. Responsibility for compensation lies with the political party/parties using the ground. These instructions apply to all states/UTs except Punjab and Haryana, where the Punjab & Haryana High Court has issued an express prohibition in this matter.

Maintenance of high standards during Election campaign

• The Election Commission acknowledges the fundamental right to freedom of speech and expression under Article 19(1)(a) of the Constitution but emphasises that this right is not absolute and must be exercised within the boundaries of decency, morality, and public order, as outlined in Article 19(2).
• The Model Code of Conduct is designed to uphold these principles through its various provisions.
• The Supreme Court, in the case of Gadakh Yashwantrao Kankarrao vs ES Balasaheb Vikhe Patil (AIR 1994 SC 678), highlighted the responsibility of top political leaders to set standards for election campaigns, emphasising the need to avoid speeches that promote violence or criminalisation of politics. The Court stressed the importance of maintaining a conducive atmosphere for free and fair elections.
• Additionally, the Supreme Court has expressed concerns about the mixing of religion and caste in election campaigns, as seen in its order dated January 2, 2017, in Civil Appeal No. 37 of 1992 (Abhiram Singh vs. C.D.Commachen) and Civil Appeal No. 8339 of 1995.

In light of these observations, the Election Commission directed

• Appeals based on caste or communal sentiments of voters are prohibited.
• Activities that may exacerbate existing differences or create tension between different groups are to be avoided.
• Criticism of the private lives of leaders or workers of other parties unrelated to their public activities is not permitted.
• Criticism of other parties or their workers based on unverified allegations or distortions should be avoided.

Use of religious places prohibited for election propaganda

Prohibition of using temples, mosques, churches, gurudwaras, or any place of worship for election propaganda, including speeches, posters, or music. Candidates, campaigners, and political leaders are advised against displaying photographs of defense personnel or functions involving them as part of their election propaganda, and they should avoid any political propaganda involving defense forces.

Political parties and candidates must refrain from any actions or statements that may be construed as disrespectful to the honor and dignity of women. iv. Political statements made from locations outside the state where the Model Code of Conduct (MCC) is in force can still impact the electoral atmosphere through media dissemination, affecting peace and harmony in the poll-bound areas.

Leaders should avoid making statements that violate both the letter and spirit of the law and the MCC, even in non-election areas, to prevent influencing voters in poll-bound regions negatively. The MCC aims to maintain a fair electoral space, prohibiting not only direct violations but also attempts to disrupt it through suggestive or indirect statements.