The Chief Electoral Officer, Nagaland V Shashank Shekhar, IAS has issued instruction on the use of vehicles during the election in Nagaland. This order is issued in continuation to the standing instructions of the Election Commission for necessary compliance.
i. There shall be a total and absolute ban on use of official vehicles for campaigning, electioneering or election related travels during elections.
‘Official Vehicles’ include all vehicles belonging to:-
-Central and State Government,
– Public Undertakings of the Central and State Government,
– Joint Sector Undertakings of Central and State Government,
– Local Bodies, Municipal Corporations, Municipalities,
– Marketing Boards (by whatever name known),
– Cooperative Societies,
– Autonomous District Councils or
– Any other body in which public funds, however small a portion of the total, are invested, and also
– Vehicles belonging to the Ministry of Defence and the Central Police Organizations under the Ministry of Home Affairs and State Government.
ii. Ministers are entitled to use their official vehicles only for commuting from their official residence to their office for official work provided that such commuting is not combined with any electioneering or any political activity.
iii. Minister or any other political functionary is not allowed during election period, to use pilot car or car with beacon lights of any colour or car affixed with sirens of any kind whether on private or official visit, even if the State administration has granted him a security cover requiring presence of armed guards to accompany him on such visit. This prohibition is applicable whether the vehicle is government owned or private owned.
iv. Where a vehicle is provided by the State or the Minister is given an allowance for maintenance of the vehicle, he cannot use such vehicle for election. The facility of official vehicles can be withdrawn from those ministers who violate the provisions of Model Code of Conduct and also the cost of propulsion recovered.
v. In respect of persons covered by security, the use of State owned one bullet proof vehicle for the particular person (PP) will be permitted in all cases where the security agencies, including the intelligence authorities, have prescribed such use. The use of multiple cars in the name of stand-by should not be permitted unless so specifically prescribed by security authorities. The cost of propulsion of such bullet proof vehicles where such use of bullet proof vehicles is specified will be borne by the particular person. The number of vehicles to accompany the carcade including pilots, escorts etc. will be strictly in accordance with the instructions laid down by the security authorities and shall not exceed them under any circumstances. The cost of propulsion of all such vehicles, whether owned by Government or hired vehicles, will be met by the State Government. The restrictions do not apply to the Prime Minister whose security requirements are governed by the Government’s Blue Book.
vi. The maximum number of vehicles that will be allowed to come within the periphery of 100 mtrs. of Returning Officers/Assistant Returning Officers office for filing a nomination shall be 3 (three).
vii. Candidate can ply any number of vehicles (all mechanized/motorized vehicles including two-wheelers) for the purpose of election campaign but he has to seek prior approval of the Returning Officer for plying such vehicles and must display permit issued by Returning Officer in original (not photocopy) prominently on the windscreen of the vehicle. The permit must bear the number of the vehicle and name of the candidate in whose favour it is issued.
viii. Any vehicle use for campaigning without due authorization/permit by the aforesaid officers, shall be deemed to be unauthorized campaigning for the candidate and may attract penal provisions of chapter IX of the Indian Penal code and shall therefore be immediately taken out of the campaigning exercise.
ix. On the day of the poll in a constituency, each contesting candidate is entitled to
a) One vehicle for his own use;
b) One vehicle for use of his election agent;
c) In addition, one vehicle for use of his workers or party workers.
x. For genuine bonafide use for purposes other than election, the following types of vehicles shall also be allowed to be plied on the day of poll and there will-be no exception:
a) Private vehicles being used by the owners for their private use, not connected with elections;
b) Private vehicles being used by owners either for themselves of for members of their own family for going to the polling booth to exercise their franchise, but not going anywhere within a radius of 200 meters of a polling station;
c) Vehicles used for essential services namely hospital vans, ambulance, milk vans, water tankers, electricity emergency duty vans, police on duty, officers on election duty;
d) Public transport carriages like buses plying between fixed termini and on fixed routes;
e) Taxis, three wheelers scooters, rickshaws etc. for going to airports, railway stations, inter state bus stands, hospitals for journeys which cannot be avoided;
f) Private vehicles used by sick or disabled persons for their own use;
g) Vehicles being used by the Govt. officers on duty to reach their duty point.
2. During the period of electioneering, with a view to checking misuse of private vehicles by the candidates/their agents and party leaders and/or party supporters for carting anti-social elements so as to instill a sense of fear in the minds of the electorate and/or to smuggle illicit arms and ammunition etc. with a view to creating disturbances during elections, the Commission further directs that the District Administration shall keep a close watch on the vehicles used by persons accompanying the contesting candidates and their party’s leaders for any possible mischief, including criminal activities like carrying of illegal arms and weapons. If any of these vehicles, either of a party or a private owner, is found to be involved in any such act or for carting anti-social elements with a view to intimidating or creating tenor in the mind of the electorate, it shall be the duty of the local administration to impound such vehicles and not to release them till the process of election is completed. In addition, criminal action against the owner, the occupant(s) and the candidate/politic al puty which is involved in such illegal activities shall also be taken as per law.
3. The above instructions are brought to the notice of all concerned, including political parties and intending candidates.