Note on defacement of property - legal provisions

A SHORT NOTE CONTAINING PROVISIONS OF STATE LAWS REGARDING PREVENTION OF DEFACEMENT OF PROPERTY In term of commission’s instructions bearing No. 3/7/2008/JS-II dated 7.10.2008, defacement of public places is prohibited. No wall writing, pasting of posters/papers or defacement in any other form or erecting/displaying of cutouts, hoardings, banners, flags etc. is permitted on any government premises which would include any government office with its campus as well as educational institutions. Local state laws also prohibit defacement of public property as shown in the table given below;- Urban Area Rural Area Educational Institutions, Religious Buildings, buildings of Centre/State Government/Local Authority etc. Any land, building, wall hoarding, frame, post, tree, kiosk or structure, belonging to, or is occupied or used by, the Central or State government or any local authority etc As permitted by local laws read with Commission’s instructions cited above, wall writings and pasting of posters, putting up hoardings, banners etc on private premises are permissible with prior written permission from the owner of the property and submission of photo copies of the consent to the concerned Returning Officer and local Police Station within 3 days together with a performa statement. In case of defacement of public property, the police shall take suo-moto action by instituting case against the contesting candidate concerned/local office bearers of the concerned political party if the contesting candidate/political party fails to remove the defacement within 24 hours. In case of defacement of private property the concerned Returning officer shall issue a notice to the concerned contesting candidate/political party either to produce written consent of the owner within 3 days or to remove the defacement. In default, the RO/ARO shall lodge FIR against the contesting candidate/political party and police will institute case against them in accordance with law. In both cases, the expenditure incurred even for such illegal defacement shall be added to the Election expenditure made by that candidate. Public funds will not be used to erase the illegal defacement especially since legal prosecution will be started in all such cases.

Review Continuos Updation and EPIC distribution

On analysis of no. of claims and objections under continuous updating and disposal as on 21.03.2009, it reveals that 60% of the total applications under form-6, 46% under form-7, 55% under form-8 and 56% under form-8A are still pending for disposal orders of ERO. 25th March is the last date for submission for data back up of electoral roll to CEO Office. The disposals already entered in the computer database within 25th march only will find place in the second supplement, thereby leaving a large no. of genuine applicants’ name not appearing in the electoral roll. Such a situation is not at all acceptable.

Therefore, it is hereby directed to deploy extra manpower if required, for enquiry and writing of disposal orders/manuscripts, data entry in the master software and ensure that all applications, REPEAT all applications received within 12th March are disposed off and accepted cases recorded in the master software before finalizing the data back up.

Analysis of EPIC distribution, subdivision wise reveals that out of 104327 new EPIC prepared and delivered by the Agency, only 39940, i.e. 38% could be distributed till 21.03.2009. Distribution figures are merely10% at Ranaghat, 12% at Tehatta, whereas the distribution is quite good in Sadar (65%) and Kalyani (78%). Attention of EROs is drawn to see that all EPICs are distributed to the right person through proper identification within 31st March, 2009, which may extend up to 5th April, if required. Wherever the EPICs are shown to be distributed, the Sector Officers/Supervisory Officers and EROs must do sample checking that these are actually delivered to the EPIC holders and not that the figures shown as distributed when the EPICs are delivered to the Block / Sector Officer/ BLO or any other authority for distribution.

DM & DEO shall visit subdivisions as per tentative schedule noted

It is felt necessary to review the election preparedness Subdivision wise to assess the concerns/ issues in each Subdivision for conduct of elections. I plan to visit Sub divisional HQ as per the following schedule :

Date & time Venue & ACs to be reviewed

24.03.2009 at 12.00 hrs Kalyani SDO office (91, 92 & 93 ACs)

24.03.2009 at 16.00 hrs SDO office Ranaghat (86, 87, 88, 89 & 90 ACs)

25.03.2009 at 12.00 hrs SDO office Tehatta (77, 78, 79, & 81 ACs)

26.03.2009 at 11.00 hrs Collectorate Chamber ( 80, 82, 83, 84 & 85 ACs)

SDO Kalyani, Ranaghat, Tehatta and OC Election Nadia (only for 26.03.2009) respectively shall issue circulars fort the meeting and shall also make arrangements for the meeting. EROs, BDOs and other officers at subdivision level related to election must be asked to remain present in the meeting with up to date report on the agenda. We may discuss preparedness Assembly Segment wise.

Tentative Agenda are :

1. Electoral Roll related issues - continuous updating, complaints on electoral rolls and disposal, top sheet correction, Booth level meetings, missing voter identification part wise, preparation of ASD list, auxiliary polling station splitting of rolls, electoral roll auditing, ERO's helpline etc.
2. EPIC related issues - Preparation and distribution of EPICs, list of non image electors and capturing their images, EPIC register maintenance, management of records at Permanent EPIC centres.
3. Communication Plan - Mobile shadow zone, if any, BLO/ Contact person, communication officers, hierarchy of information flow, use of email etc.
4. Sector Management Plan - List of sector officers, co terminus, locations and duties of sector officers.
5. Polling Personnel - database correction & updating, exemption of political and trade union office bearers proactively, identification of Sponsored Authority Nodal Officer (SANO) and his responsibilities, welfare of PP issues, micro observers, assistant sector officers, booth level assistance booth etc.
6. Training of polling personnel, EVM master trainers, sector officers, police officers, DCRC personnel, counting personnel etc.
7. EVM - randomisation, storage, commissioning, awareness etc.
8. DCRC & Counting centres
9. Material, forms etc procurement.
10. Transfers of officers as per ECI directive - release by 31st March 2009.
11. Model code of conduct - MCC, Video teams, wall defacement, development schemes etc.
12. Law & Order issues.
13. Polling station verification and movement plan.
14. Vulnerability mapping status and critical polling station list.
15. Postal Ballot & EDC related issues and PBFC.
16. Misc issues

SDOs and other officers are requested to prepare status report on all the points for presentation in the meeting. They may highlight the issues/ concerns of each AC which they feel for smooth conduct of elections.