Elections

District Election Management Plan (DEMP)

Components of District Election Management Plan:

Things to take into consideration in a DEMP

A)important officials and their telephone numbers,

(b) geography,

(c) demography,

(d) administrative units/assembly segments,

(e) general law and order with constituency specific details and

(f) past electoral offences

Polling Personnel

One Polling Station:- 1 presiding officer +3 PO

PO -1 – will be the custodian of the marked copy of the electoral roll – will identify the voter.

PO-2 – will maintain the register of voters (17A), – will note the details of EPIC card, documents etc., – take the signature or thumb impression, – apply the indelible ink, – Voters slip (for voting as per serial number)

PO-3 – Custodian of control unit. Presses ‘Ballot’ button. – Allows inside as per the serial number in voter’s slip.

If >1200 voters then 1 PO extra to share the duty of 2nd PO. If case of shortage, 1 presiding and 2 PO.

Major Requisite Information for DEMP

1. Distribution and Dispatch of Election Material EVM Distribution Distribution of Election Material Postal Ballot First Aid Area Control Room Training area Refreshments Counter attendance area

2. Distribution and dispatch centre 3. Polling party checking the EVMs and election material

Orderly Distribution in the dispatch center Distribution may be centralized or decentralized Polling booth wise distribution

4. Strong room for storage of EVMs 5. Designated spot for every booth 6. Strong room

One strong room for one assembly constituency. Designated area for every booth

Closing all windows, doors, ventilators etc. Electricity should be disconnected after sealing Vertical racks for storage (if there is shortage of space

Transportation

Route charts finalized by the ROs with the assistance of zonal magistrates Accessibility clearly checked( Certificate from zonal, provide vehicle for the zonal

magistrate to check his booths) Movement plan prepared keeping in mind the distances involved on foot. If the dispatch is on 3 different days, some of the vehicles can be reused. Number of vehicles and date of reporting (both small and big) should be worked out

based on the movement plan.(Reserve, zonal magistrates) U/s 160 of RPA 1951, any premises or vehicle needed for election purpose can be

requisitioned by the state govt.(Except for the vehicle of candidate or agent being lawfully used)

o 161 Payment of compensation o 162 Power to obtain information o 163 Power of entry into and inspection of premises, etc.o 164 Eviction from requisitioned premises o 167 punishment for contravention of 160 and 162 Vehicles of BSNL, MTNL, UPSC and educational institutions will be requisitioned only in

unavoidable circumstances. Vehicles of Forest, AIR, Doordarshan, WHO, UNICEF, UN will not be requisitioned.

Route management

Sketch Map of Constituency showing Sector routes (Zonal and Sector magistrates).

Various Routes to reach Polling stations Alternate Routes Shortest Routes Road Condition, River, Nala, Bridge Approximate time to reach and distances

Vehicle management

Transportation arrangement Assessment of no. of heavy and light vehicles Route wise no. of polling parties should be written on the bus Sector and zonal magistrates should know their vehicles and drivers Vehicles for security force Reserve vehicles

Police Deployment and Communication

Police Deployment Plan

Assessment of Requirement of police personnel (various ranks) For sector movement and to man polling stations Prepare return journey for polled EVMs/Polling material, their storage and security plan

till counting

Communication plan

List of landline and cellular connections available near each PS along with particulars of contact person

List of polling personnel/ SO with cellular numbers Plan mode of communication such as VHF/HF to ensure connectivity in mobile shadow

regions

SVEEP (Systematic Voter education and Electoral Participation)

Celebrity Videos • Radio jingles • Posters • Pamphlets • Hoardings • Puppet shows • Calendars

Personnel related instructions

u/s 159 , R.P Act, the following authorities when required by CEO, should make available to the R.O such staff

– Every local authority.

– Every university established or incorporated by or under a Central, Provincial or State Act.

– A govt. company as defined by sec.617 of the companies act.

– Any other institution, concern or undertaking which is established by or under a Central, Provincial or State Act or which is controlled or financed wholly or substantially by funds provided, directly or indirectly by central or state govt.

Which personnel should not be there?

In a polling party presiding officer and polling officer 1 should not both be the employees of local bodies.

Bank employees are to be drafted to a minimum extent. A polling party should not contain 2 teachers of the same school or 2 officials from the

same department.

Officers exempted

Senior officers of the IFS. Doctors and Compounders working in veterinary hospitals. Officers working in Grade B in veterinary hospitals Medical Practitioners. Territorial Staff of Forest Department . All India Radio Doordarshan omen in advanced stage of pregnancy Post and Telegraph

Other things to take care while assigning personnel duties

For Polling stations exclusively for women or for booths where pardanashin women are present one lady polling officer is to be posted

Arrangement for stay and privacy of the lady staff should be made well in advance Employees of Revenue (Central and state) collection departments taken after

consultation with departments in charge Seniority, Pay, Rank, Post, relative position of the officer to be taken care of before

assigning duties Presiding officer as far as possible should be a Gazetted officer No person should be assigned polling duty in the AC where he works or AC where he

resides or in his home AC (assembly constituency) Presiding officer can appoint anybody as PO Relieve the polling party only after checking all material and the day after the poll is to

be treated as election duty.(Relieving certificate). officials set to retire within 6 months are to be kept out of poll duty.

Randomization of Polling personnel:

1st level: - 125 % of total anticipated requirement including reserve personnel, category wise.

2nd level:- in the presence of observers, polling parties will be formed and AC would be known.

3rd level:- to take place a day prior to the actual dispersion of polling parties.

DEO should give a certificate to ensure absolute compliance Postal ballot (Form 12) should be given along with duty order (in duplicate).

All polling official to be given ID card. Officers posted in home district or who have completed 3 years in the district during the last four

years should be allowed to continue. It applies to police officers in the field or in police lines. Police officers of sub-inspector level should not be posted in their home constituencies

No officers against whom criminal cases are pending should be appointed. Data base of Retired GOI and state govt employees should be kept.

Appointment of micro-observers

Who can become micro observer?

Serving GOI officials Retired GOI and State govt. employees Members of National Service Scheme and Bharat Scouts (Rangers and Reserved) State govt. employees from other states

Provisions related to micro observers

DEO to identify nodal officers to co-ordinate and maintain contact details of MO. A lumpsum amount shall be paid on completion of duty Central govt. employees in the database are to be first used for this purpose. Commissioners may coordinate inter district sharing. Micro-observer cannot be posted in his working, home or residential AC.

Other things to be kept in mind

Services of senior NCC cadets can be used for manning of queues etc. Zonal area and the police zonal mobile should be co-terminus Local police force also to be randomized

Ex-gratia on death

– 5 lakh minimum – 10 lakh for death due to extremist activities and unsocial elements– 2.5 lakh for permanent disability ( to be doubled in case of extremist activity).

Police deployment in a PS:-–

1 constable + 1 home guard in uniform If there is shortage, one of the above + NCC

Still if there is shortage 1 constable or 1 home guard

Training of personnel

Who all to be trained

Training of all DEOs and Dy.DEOs – Personnel, evm, security, transportation, logistics, expenditure, communication,

material, MCC, Training, providing handbooks Training of All ROs and AEROs

– Nominations, scrutiny, withdrawal, allotment of symbols, uncontested elections, Ballot papers, machine setting, counting.

Training of Zonal/Sector officers – Election offences, IPC and Cr.P.C provisions, EVM and Presiding officer training, to make maps and communication plan.

Training of Polling personnel:- – Prescribed work of polling personnel. • Training of Candidates for expenditure maintenance.

• Training of police personnel.

Meeting to be conducted by DM

Designating OC in charge, vehicles, training, EVMs, materials, expenditure, observer, personnel, security, postal ballot, media, model code of conduct, sector and zonal magistrates, complaint monitoring, electoral roll etc.

Type, number and duration of training

Training of Polling personnel:- Comprehensive training of both EVM and procedures.

It should be strictly emphasized that the zonal magistrates and Presiding officers are responsible for violation of any ECI instructions.

1st training:– Separately for each category (Pr.O, PO 1, PO 2 and PO3) after randomization.– To be given by the zonal officers in present AC.

2nd training:– For the entire party after second randomization by zonal magistrates of receiving AC. ( within a week of withdrawal).

3rd training:– On the day of dispatch by the zonal magistrate of the zone.

Statutory and non statutory forms

1. Statutory covers (Green) – – The sealed cover containing the marked copy of the electoral roll– The sealed cover containing the register of votes(17A)

– The sealed cover containing voter’s slips– The sealed cover containing unused tendered ballot papers;– The sealed cover containing the used tendered ballot papers and the list in Form 17-B–

2. Non statutory forms – The cover containing the other copies of electoral roll – • Cover with appointment letters of polling agents in form 10– • Cover containing EDC in form 12 B– • List of challenged votes in Form 14 – • The cover containing the list of blind and infirm voters in Form 14A and declarations

of the companions– Cover with declarations from electors as to their age and list – • Cover containing the receipt book and cash-challenged vote – • Cover containing unused and damaged paper seals – • Cover containing unused voter’s slips; – • Cover containing unused and damaged special tags– • Cover containing unused and damaged strip seals.

3. Other forms ( brown packet) – The Hand Book for Presiding Officer. – Manual of Electronic Voting Machine – Indelible ink set – Self-inking pads – The metal seal of the Presiding officer; – The arrow-mark rubber stamp for marking tendered ballot papers; – Cup for setting the indelible ink;

4. Any other form kept in the fourth Packet in BLUE colour.

NOT COVERING EVM AREA

OTHER ISSUES TO BE KEPT IN MID AFTER THE ELECTIONS

Counting Plan

(a) Identify the place for polled EVMs and counting of votes.(b) Proposals of counting centers through CEO to ECI for approval.(c) Assess the requirement of counting staff.(d) Other logistic arrangements. (e) Media arrangements. (f) Security arrangements (g) Communication and furnishing the data

Selection of buildings/premises for various activities For training classes to polling personnel etc. For checking and preparation of EVMs and their storage. For storage of EVMs to be used in training For storage of EVMs AC wise after first randomization. For Dispersal centers For safe custody of polled EVMs and counting of votes. For boarding and lodging of central forces/ outside police forces For boarding and lodging of polling personnel, if required.

Control Room - To be well equipped MCC Teams - complaint monitoring system. (i)Nodal Officer(ii) Formation of MCC team AC wise. (iii) Register to be maintained

IT related activities - a technical team comprising at least one programmer and two data entry operators must be available full time at district level.Meeting with political parties/Standing Committee –

– Meeting as often as may be convenient after declaration of election.– Appeal to cooperate in the observance of model code of – maintain law and order

– Minutes be drawn– Not to be used as mere formality

Media Cell: –– Holding meetings with media.– Giving information on nominations, affidavits, etc and other events.– Sharing of information. – Coverage on poll day – Coverage on counting day – Authority letters. – Nodal Officer

Restrictions on the Printing of pamphlets, posters etc. [ Sec. 127A of RP Act 1951]– All the printing presses– shall be informed within 3 days of announcement of election– in writing – by the District Magistrate – to furnish information and printed material as REQUIRED. – Offence U/S Sec. 77(1) and 127A of R.P. Act and sec. 171 H of IPC – 4 copies of such printed material along with declaration of the publisher shall be

furnished to DM/DEO by the printer within 3 days of printing.– List of all the election pamphlets, posters etc shall be exhibited on the notice board of

DM/DEO.– Surrogate advertisements in print media for/against a political party/candidate

- Expenditure involved in such advertisement has to be added to account of election expenses u/s 77(1),

- hence required to be maintained - - Sec. 171H of IPC prohibits expenditure without authority from the candidate.

– A press note should be issued in this regard

CERTAIN ORDERS TO BE ISSUED BY THE DM (very important)

Suspension of Arms license. Issue of prohibitory orders under section 144 Cr. PC in certain cases (If required). Issue of order under defacement of property (Prevention Act). Prohibition of sale of liquor (declaration of dry day). Order relating to use of loudspeakers. Declaration poll day as local holiday (If required).

Inviting the attention of Govt. Servants towards relevant provisions of MCC and conduct rules.

Appointment of Sector Magistrate Requisition orders regarding buildings for Polling Stations, Counting Centers,

Distribution centers, Reception centers etc. Requisition order of vehicles. Issuing orders to the Petrol pump owners for keeping reserve stock of POL. Sending various statistical information and reports to CEO.

PROVISION FOR POLLING STAFF WELFARE Name, Designation and contact details of nodal officer in charge of ensuring polling

personnel welfare Clear communication of training schedule, dispatching schedule Basic amenities at training and dispatching venue Facilities at PS to be physically verified and ensured

o Adequate facilities for food, refreshments and medical requirements to be made Immediate relieving from duty after handover of EVMs and polling materials Advance measures to ensure transport facilities for staff Special facilities/measures for physically challenged, female polling personnel, death of

personnel on duty

FROM NOMINATION TO SYMBOL ALLOTMENTNomination of candidates

starts on the date of notification by the President RO to issue public notice of election ,Form -1 Public notice has to be under the signature of the RO only. No other authority can

issue this public notice. In a bye-election to the Lok Sabha in Uttar Pradesh, the Public Notice was issued by

the DM whereas the ADM was the RO. Hence election notification was cancelled.

Particulars to be specified [in Form 1]

Specify the election Place of nomination Who is the RO/ARO Last date of nomination Timings ( 11 am to 3 pm) In English and official language displayed on the notice board of RO, AROs and in other prominent public offices

Requirements for valid nomination

Form 2 A ( lok sabha) & form 2B ( leg assembly) 11 am to 3 pm only by candidate or any of the proposers. Cannot be sent by post or filed through any other person to be signed by the candidate and the prescribed number of proposers Cannot be filed on a public holiday

State party

6% percentage of the total valid votes and atleast 2 MLAs OR 6% of valid votes from the State and one MP OR 3 seats in the assembly or 3% of seats, whichever is more OR Or one MP to Loksabha for every 25 MPs from the State

Proposers

1 proposer enough for candidates of a recognized National or State Party. 10 proposers required for all other candidates- even for recognized State Parties of

other States. Proposers should be electors of the concerned constituency in case of proposers who are illiterate persons, their thumb Impression has to be

attested by the RO or an officer authorized by ECI.

Other requirements for nomination

Certificate to prove SC/ST status. Dismissed from an office under govt. to contest election within 5 years of dismissal a

certificate from ECI stating that the dismissal was not on account of corruption or disloyalty to State.

certified extract of entries in the relevant roll if the candidate is elector of different constituency ( RO gives a checklist, can be filed at scrutiny also)

Affidavits by candidateo Form-26o affidavit can be filed till 3 PM on last date of filing nomination

Check list

1. Affidavit in Form 262. Certified extract of electoral roll (when candidate is an elector of a different

constituency)3. Form A and B (applicable in the case of candidates set up by political parties, latest by

3.00 P.M. on the last date of filing nominations)4. Copy of caste certificate from competent authority, if the candidate claims to belong to

SC/ST)5. Security deposit (whether made) 6. Oath/affirmation (whether taken) (taken after filing nomination paper and before the

date fixed for scrutiny)

Affidavit( RO is not required to conduct enquiry into correctness of statements in the affidavits) – false statements to be displayed on notice board

movable assets. Income tax return Total income Court cases FIRs Charges framed Agricultural land Immovable property Government dues - govt. accommodation, water supply, electricity, telephones and

transport, mentioned by candidates have to be published in two newspapers Commercial Property Educational qualification

No. of nomination papers for one candidate – max. of 4

Preliminary Examination

from technical standpoint Clerical errors in names, Sl. No. etc. can be allowed to be corrected or even ignored. electoral roll details to be compared. Form A and B

o National level- President/Secretaty - Will sign Form A, authorizing different people to sign Form B at local level.

o District level- Authorized person by the party -Will sign Form B, to authorize the party candidate for the constituency

o Fax / e-mail not acceptable.o latest by 3 PM on the last day of filing nominationo submitted to RO. o Forms A & B to be signed in ink in original. o Photocopy not acceptableo who filed nomination paper first shall be treated as the candidate sponsored by

that Party

Other documents to be handed over to candidates

Oath or Affirmation under the Constitution of India [Articles 84 (a) and 173 (a)]

oath in the name of God or a solemn affirmation in the form prescribed for the purpose in the Third Schedule to the Constitution

after filing nomination Persons before whom oath or affirmation to be made :

o Returning Officer or any of the Assistant Returning Officers of the constituency.o All stipendiary Magistrates of the first class, District Judges and persons

belonging to judicial service of the State.o Superintendent of the prison if the candidate is confined in a prison.o Commandant of the detention camp if under preventive detention.o Medical Superintendent/Medical Practitioner in case candidate is confined to

bed.o Diplomatic or Consular Representative of India in the country, if the candidate

is out of India.o Any other person nominated by the Election Commission, on application made

to it

Videography

Continuous/unedited videography in the last hour of filing nomination and normal videography everyday

RO/Specified ARO to be available at the place of filing continuously

List of nominated candidates

After 3 PM on last day of filing Candidates to be classified in 3 categories–

(i) Recognised parties(ii) Registered unrecognised parties and (iii) independents

Names arranged alphabetically 2nd category (registered unrecognized party – RECOGNISED parties of other states).

Qualifications and disqualifications

Any aspiring candidate must be qualified and must not be disqualified under the Constitution or under any law for such membership.

Crucial date - not the date of filing nomination paper but the date fixed for the scrutiny of nominations

Constitutional Qualifications (Articles 84 and 173 of the Constitution)

Citizenship of India. Oath or affirmation to bear true faith and allegiance to the Constitution. Minimum qualifying age. – 25 years. Any other qualification prescribed by Parliament.

Statutory qualifications [Articles 84(c) and 173(c)]

Qualifications for election to a State Legislative Assembly (section- 5) Reserved for SCs or STs In case of any other constituency in any State should be an elector for any Assembly

Constituency in that State

Constitutional Disqualifications [Articles 102 (1) and 191(1)]

Office of profit under Government . have to be decided by applying the following tests to the facts and circumstances

of each case in the light of Supreme Court decision in Shivamurthy Swami Inamdar Vs. Agadi Sanganna Andanappa [(1971) 3 SCC 870] :-

Whether the government makes the appointment; Whether the government has the right to remove or dismiss the holder; Whether any remuneration is paid does the government exercise any control over the performance of those functions

Unsoundness of mind . declared by a competent court under the Indian Lunacy Act, 1912 Mere allegation not sufficient

Un-discharged insolvent.

by a competent insolvency court under the Provincial Insolvency Act, 1920 and has not been discharged from insolvency

Mere commission of acts of insolvency not a ground ceases to be operative, if the insolvent is discharged from insolvency

Non-citizenship of India or acknowledgement of allegiance or adherence to a foreign State.

Citizenship of India a fundamental and essential qualification

Any other disqualification prescribed by Parliament.

Statutory disqualifications [Articles 102(1)(e) and 191 (1) (e)]

As prescribed by Parliament under Representation of the People Act, 1951 are:

Disqualification on conviction for offences (Section 8). sitting MLA / MP does not attract disqualification on conviction for three

months, and if appeal filed within three months, no disqualification so long as the existing House continues.

list is circulated by ECI from time to time Conviction by Trial Court attracts disqualification Release on bail does not remove disqualification, unless conviction is also

stayed Disqualification on ground of commission of corrupt practices (Section 8A) Disqualification for dismissal from govt. service for corruption or disloyalty (Section 9).

within the last five years Disqualification for contract with “appropriate government” (Section 9A).

Contract should be subsisting on the date of scrutiny of nominations; Contract should be with ‘appropriate government’ Contract should be either for supply of goods or for execution of works

Disqualification for holding office under government company (Section 10). Disqualification for failure to lodge account of election expenses (Section 10A)