FREQUENTLY ASKED QUESTIONS (FAQs)

MODEL CODE OF CONDUCT

Q. 1. What is the Model Code of Conduct?

Ans. The Model Code of Conduct for guidance of political parties
and candidates is a set of norms which has been evolved with
the consensus of political parties who have consented to abide
by the principles embodied in the said code and also binds
them to respect and observe it in its letter and spirit.

Q. 2. What is the role of Election Commission in the matter?

Ans. The Election Commission ensures its observance by political
party(ies) in power, including ruling parties at the Centre and in
the States and contesting candidates in the discharge of its
constitutional duties for conducting the free, fair and peaceful
elections to the Parliament and the State Legislatures under
Article 324 of the Constitution of India. It is also ensured that
official machinery for the electoral purposes is not misused.
Further, it is also ensured that electoral offences, malpractices
and corrupt practices such as impersonation, bribing and
inducement of voters, threat and intimidation to the voters are
prevented by all means. In case of violation, appropriate
measures are taken.

Q. 3. From which date the Model Code of Conduct is enforced

and operational upto which date?
Ans. The Model Code of Conduct is enforced from the date of
announcement of election schedule by the Election
Commission and is operational till the process of elections are
completed.

Q. 4. What is applicability of code during general elections and

bye-elections?
Ans. a. During general elections to House of People (Lok Sabha),
the code is applicable throughout the country.

b. During general elections to the Legislative Assembly (Vidhan

Sabha), the code is applicable in the entire State.

c. During bye-elections, the code is applicable in the entire

district or districts in which the constituency falls.

Q. 5. What are the salient features of the Model Code of Conduct?

Ans. The salient features of the Model Code of Conduct lay down how
political parties, contesting candidates and party(s) in power
should conduct themselves during the process of elections i.e. on
their general conduct during electioneering, holding meetings and
processions, poll day activities and functioning of the party in
power etc.

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ON OFFICIAL MACHINERY

Q. 6. Whether a Minister can combine his official visit with

electioneering work?
Ans. No
The Ministers shall not combine their official visit with
electioneering work and shall not also make use of official
machinery or personnel during the electioneering work.

Q. 7. Whether Govt. transport can be used for electioneering

work?
Ans. No
No transport including official air-crafts, vehicles etc. shall be
used for furtherance of the interest of any party or a candidate.

Q. 8. Whether Govt. can make transfers and postings of officials

who are related to election work?
Ans. There shall be a total ban on the transfer and posting of all
officers/officials directly or indirectly connected with the conduct
of the election. If any transfer or posting of an officer is
considered necessary, prior approval of the Commission shall
be obtained.

Q. 9. Suppose an officer related to election work has been

transferred by the Govt. before enforcement of model code
of conduct and has not taken over charge at new place.
Can such officer take over charge of office at new place
after announcement of the code?
Ans. No
Status-quo-ante shall be maintained.

Q. 10. Whether a Minister of Union or State can summon any

election related officer of the constituency or the State for
any official discussion during the period of elections?
Ans. No Minister, whether of Union or State, can summon any
election related officer of the constituency or the State for any
official discussions anywhere.
If Union Minister is traveling out of Delhi on purely official
business, which cannot be avoided in public interest, then a
letter certifying to this effect should be sent from the concerned
Secretary of the Ministry/Department to the Chief Secretary of
the concerned State, with a copy to the Election Commission.

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Q. 11. Can an official meet the minister on his private visit to the
Constituency where elections are being held?
Ans. No
Any official who meets the Minister on his private visit to the
constituency shall be guilty of misconduct under the relevant
service rules; and if he happens to be an official mentioned in
Section 129 (1) of the Representation of People Act, 1951, he
shall also be additionally considered to have violated the
statutory provisions of that Section and liable to penal action
provided thereunder.

Q. 12. Whether Ministers are entitled for official vehicle during

the election?
Ans. 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.

Q. 13. Whether Ministers or any other political functionaries can

use pilot car with beacon lights affixed with siren?
Ans. 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.

Q. 14. Suppose there is a visit of President / Vice President at any

place in the State. Is a Minister allowed to use VIP Car with
other protocol?
Ans. Yes
The Minister may leave with VIP car and other protocol from his
headquarters to the place of visit of President/ Vice President
and return to his headquarters without attending any other
function/meeting with any other political functionary. This
restriction shall be applicable from the time he leaves the
Headquarters and till he reaches back the headquarters.

Q. 15. Suppose a vehicle has been provided to Minister by the

State and the Minister is given an allowance for
maintenance of such vehicle. Can it be used by the
Minister for election purposes?
Ans. 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.

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Q. 16. Whether facility of official vehicles can be withdrawn from
those ministers who violate the provisions of Model Code of
conduct?
Ans. Yes
The Chief Electoral Officer shall also recover the cost of
propulsion from the ministers who may misuse their official
position.

Q. 17. Whether there is any restriction or visits of members of

National Commission for Schedule Castes or any other
similar National/State Commissions?
Ans. It is advised that all official visits of Members of such
Commissions shall be deferred, unless any such visit becomes
unavoidable in an emergent situation, till the completion of
election exercise to avoid any misunderstanding that may arise in
any quarters.

Q. 18. Whether members of Finance Commission of Govt. of India

can visit State(s)?
Ans. Yes
Provided neither the press briefings nor press notes would be
issued, highlighting the achievements of the State or otherwise.

Q. 19. Whether Chief Minister and other Ministers can attend New
Year Day function (of the State), which is a State function?
Ans. No
Only Chief Secretary and other officials may participate and no
political person including Chief Minister or Minister may
participate in such function where Govt. funds are used.

Q. 20. Whether a Chief Minister/Minister/Speaker can attend a

“State Day” function of a State?
Ans. There is no objection provided that he does not make any
political speech on the occasion and the function is to be
conducted only by Govt. officials. No advertisement depicting the
photograph of Chief Minister/Minister/Speaker shall be released.

Q. 21. Whether Governor/Chief Minister/Ministers can participate

and address the Convocation function of University or
Institute?
Ans. Governor may participate and address the Convocation. Chief
Minister or Ministers may be advised not to participate and
address the Convocation.

Q. 22. Whether “Iftar Party” or any other similar party can be

hosted at the residence of political functionaries, the
expenses of which will be borne by State exchequer?
Ans. No
However any individual is free by to host any such party in his
personal capacity and at his personal expense.

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Q. 23. Is there any restriction on address of Governor in the
Assembly Session (budget)?
Ans. No

ON WELFARE SCHEMES, GOVERNMENT WORKS ETC.

Q. 24. Is there any restriction on issue of advertisement at the

cost of public exchequer regarding achievements with a
view to furthering the prospects of the party in power?
Ans. Yes
The advertisement regarding achievements of the party at the
cost of public exchequer in the print and electronic media and
the misuse of official mass media during the period of election
is prohibited.

Q. 25. Whether hoardings/advertisements etc. depicting the

achievements of the party(s) in power at Centre/State
Governments at the cost of public exchequer can be
continued?
Ans. No
All such hoardings, advertisements etc. on display shall be
removed forthwith by the concerned authorities. Further, no
advertisements should be issued in the newspapers and other
media including electronic media at the cost of public
exchequer.

Q. 26. Whether a Minister or any other authority can sanction

grants/ payments out of discretionary funds?
Ans. No
Ministers and other authorities shall not sanction
grants/payments out of discretionary funds from the time
elections are announced.

Q. 27. Whether money can be withdrawn from treasury against

the sanctioned amount from the discretionary funds of
Ministers to prepare draft in the names of beneficiaries
which may be disbursed after process of election is
completed?
Ans. The funds may either be kept in “Personal Ledger Account” of
the concerned Department or the release may be deferred till
the completion of elections.

Q. 28. Suppose work order has been issued in respect of a

scheme or a programme. Can it be started after
announcement of election programme?
Ans. Work shall not be started in respect of which work order has
been issued before announcement of election but the work has
actually not started in the field. If a work has actually started in
the field that can be continued.

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Q. 29. Whether fresh release of funds under MPs/MLAs/MLCs
Local Area Development Fund of any scheme can be
made?
Ans. No
Fresh release of funds under MPs/MLAs/MLCs Local Area
Development Fund of any scheme shall not be made in any
area where election is in progress, till the completion of the
election process.

Q. 30. There are various rural development programmes/

schemes of Central government like Indira Awas Yojana,
Sampoorna Grameen Rozgar Yojana, Swaranjayanti Gram
Swarozgar Yojana, National Food for Work programme,
National Rural Employment Guarantee Act. Are there any
guidelines for implementation of these
schemes/programmes?
Ans. Yes
Following guidelines shall be followed in respect of each
scheme/programme as enumerated below:-
(a) Indira Awas Yojana (IAY)
Beneficiaries, who have been sanctioned housing scheme
under IAY and have started work, will be assisted as per
norms. No new constructions will be taken up or fresh
beneficiaries sanctioned assistance till the elections are over.
(b) ) Sampoorna Grameen Rozgar Yojana (SGRY)
Continuing works in progress may be continued and funds
earmarked for such works can be released. In case of any
Panchayat where all ongoing works have been completed and
there is a requirement for taking up new wage employment
works and where funds released directly to the Panchayats
from the Ministry of Rural Development are available, new
works can be started from approved annual action plan for the
current year with the prior consent of the District Election
Officer. From other funds, no new works shall be started.
(c ) Swaranjayanti Gram Swarozgar Yojana (SGSY)
Only those help groups which have received part of their
subsidy/grant will be provided the balance installments. No
fresh individual beneficiaries or SHGs will be given financial
assistance till the elections are over.
(d ) National Food for Work Programme(NFWP)
There is no objection for continuance of old works and sanction
of new works in those districts where no elections have been
announced. In those districts where elections have been
announced and are in progress, only those works may be
undertaken that have already started physically on ground,
provided outstanding advance given for implementation of such
works at a given time shall not exceed the amount equivalent
to work for 45 days.

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 (e) National Employment Rural Guarantee Act (NERGA)
The Ministry of Rural Development shall not increase the
number of districts in which it is being implemented after
announcement of elections. The job card holders will be
provided employment in the ongoing work, if they demand
work, after announcement of elections. In case no employment
can be provided in ongoing works, the competent authority
may start new work(s) from the shelf of projects that has been
approved and inform the fact to concerned District Election
Officer (DEO). No new work shall be started by the competent
authority till such time employment can be given in ongoing
works. In case no shelf of project is available or all works
available on shelf have been exhausted, then the concerned
competent authority shall make a reference to the Commission
for approval through the concerned DEO. The competent
authority shall also furnish a certificate to DEO to the effect that
the new work has been sanctioned as no employment can be
given to the job card holder in the ongoing work.

Q. 31. Whether a Minister or any other authority can announce

any financial grants in any form or promises thereof or lay
foundation stones etc. of projects or schemes of any kinds
etc.?
Ans. No
Ministers and other authorities shall not announce any
financial grants in any form or promises thereof; or (except civil
servants) lay foundation stones etc. of projects or schemes of
any kind; or make any promise of construction of roads,
provision of drinking water facilities etc. or make any ad-hoc
appointments in Government, Public Undertakings etc.
In such case, senior Govt. Officer may lay foundation stone
etc. without involving any political functionary.

Q. 32. A budget provision has been made for a particular scheme

or the scheme has been sanctioned earlier. Can such
scheme be announced or inaugurated?
Ans. No
Inauguration/announcement of such scheme is prohibited
during election period.

Q. 33. Whether ongoing beneficiary scheme can be continued?

Ans. No
The processing of beneficiary oriented scheme, even if
ongoing, shall be suspended during election period. Further,
no fresh release of funds on welfare schemes and works
should be made.

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Q. 34. Suppose work order has already been issued for a
scheme. Can work be started in respect of such scheme?
Ans. No work shall be started in respect of which even if work orders
have already been issued, if the work has actually not started in
the field. Work can start only after the completion of election
process. However, if a work has actually started, that can be
continued.

Q. 35. Is there any bar to release of payments for completed

work?
Ans. There shall be no bar to the release of payments for completed
work subject to the full satisfaction of the concerned officials.

Q. 36. How the Govt. may meet the emergency situation or

unforeseen calamities, when there are restrictions for
announcing welfare measures?
Ans. For tackling emergencies or unforeseen calamities like
providing relief to people suffering from drought, floods,
pestilences, other natural calamities or welfare measures for
the aged, infirm etc., Govt. may do so after obtaining prior
approval of the Commission and all ostentatious functions shall
be strictly avoided and no impression shall be given or allowed
to be created that such welfare measures or relief and
rehabilitation works are being undertaken by the Government in
office with any ulterior motive.

Q. 37. Whether financial institutions funded, partially or wholly by

the Governments can write off loans advanced to any
individual, company, firm, etc.?
Ans. No
The financial institutions funded, partially or wholly by the
Governments shall not take recourse to writing off loans
advanced to any individual, company, firm, etc. Also, financial
limits of such institutions, while granting or extending loans,
should not be enhanced by issuing of loans indiscriminately to
beneficiaries.

Q. 38. Whether tenders, auctions etc. relating to matters such as

liquor vends, Tendu leaves and other such cases can be
processed?
Ans. No
Processing of such cases should be deferred till the completion
of election process in the concerned areas and the Govt. may
make interim arrangements where unavoidably necessary.

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Q. 39. Suppose contract for Toll Tax is expiring at the end of
financial year (31st March of the year), for which auction
date has already been proposed/advertised. Whether
auction can be held for awarding the contract?
Ans. Yes
Provided the contract is supervised by the
Commissioner/Divisional Commissioner or some other senior
District Officer directly answerable to the
Commissioner/Divisional Commissioner and there is no change
in the earlier policy or auction procedure.

Q. 40. Whether meeting of Municipal Corporation, Nagar

Panchayat, Town Area Committee, etc. can be convened to
review the revenue collection and preparing draft anuual
budget etc?
Ans. Yes
Provided that at such meetings only the matters of routine nature
relating to day-to-day administration may be taken up and not the
matters relating to its policies and programmes.
Q. 41. Whether function regarding “Stop TB” programme can be
held which may be inaugurated by a political functionary and
whether an advertisement on “World TB Day” can be
released and published?
Ans. There is no objection provided –
i. during the inauguration ceremony, no political speeches
are made,
ii. no advertisement with photographs of PM and / or any
Minister is issued, and
iii. advertisements and speeches are confined to the subject
of combating and eradication of TB only.
Q. 42. Whether political functionaries can participate in the
celebration of “Sadbhavna Diwas” which is celebrated
through out the country?
Ans. The Central Ministers / Chief Minister / Ministers in the States
and other political functionaries can participate in the celebration
of “Sadbhavna Diwas” subject to condition that the “theme” of
their speeches should be confined only to the promotion of
harmony among the people’ and no political speech should be
made. Messages, if any, issued in the name of Minister should
be confined to the theme of national integration only and should
carry no photograph of the concerned Minister.

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Q. 43. Whether State-level functions can be held for observance of
Martyrdom of Martyrs which may be presided/attended to by
Chief Minister / Minister?
Ans. Yes
Provided that the speeches of the Chief Minister and other
Ministers should restrict to the Martyrdom of the Martyrs and
praising them. No political speech or speech enumerating or
referring to the achievements of the Government or party in
power should be made.
Q. 44. Whether birthday celebration of Shri Babu Jagjivan Ram and
Dr. B.R. Ambedkar which falls on 5th April and 14th April
respectively as a State function may be conducted?
Ans. Yes
Provided it is not used as an occasion for political campaign or
highlighting public achievements of the Govt. and also there is no
ostentation and no political functionary addresses such meetings.
The above restriction shall be equally applicable in all such other
functions.

Q. 45. Whether Kavi Sammelan, Mushiaras or other cultural

functions can be organized in connection with the
Independence Day/Republic Day celebration and whether
political functionaries can attend the same?
Ans. Yes
The Central Ministers / Chief Minister / Ministers in the States
and other political functionaries can attend the programme.
However, it will be ensured that no political speeches highlighting
the achievements of the party in power are made on the
occasions.
Q. 46. Whether films can be telecast on the occasions of birth and
death anniversaries / ceremony anniversaries of prominent
leaders in which VVIPs/VIPs may likely to feature?
Ans. May not be telecast, in case the coverage involves VVIPs/VIPs.

Q. 47. Whether media campaign can be made for effective

implementation of statutory warnings, etc. on sale of
cigarettes and other tobacco products?
Ans. Yes
Provided that photos/messages of political personalities etc. shall
not be associated with the campaign.
Q. 48. Whether political advertisements can be printed on back
side of the bus-ticket of Govt. owned buses?
Ans. No

Q. 49. Whether Govt. can release convicted criminals on parole

after following due procedures?
Ans. If the Govt. feels that the release of any convict on parole is
absolutely essential for certain compelling reasons, in that case
Govt. shall consult the Chief Electoral Officer before granting
parole.

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Q. 50. Whether minimum support price of wheat and other
agricultural products can be determined?
Ans. A reference in the matter shall be made to the Election
Commission.
Q 51. Whether the Government can proceed and act upon the
following indicative illustrative list of items, which is not
exhaustive, without obtaining clearance/approval from the
Election Commission?
(i) Extension of term of an official for further period
except officials related to conduct of elections,
(ii) Enhancement of minimum penalty in case of ticket
less travel,
(iii) Sanctioning of grants to consumer co-ordination
council from consumer welfare fund to organize a
conference on world consumer rights day,
(iv) Issuing advertisement regarding pulse polio
immunization programme,
(v) Seeking financial assistance from National Calamity
Contingency Fund for drought relief measure-
deputing of Inter-Ministerial team of officers to visit
concerned State,
(vi) Request of the State Govt. for transportation of water
and fodder by Rail in areas declared drought affected,
(vii) Promotion of officials by convening DPC and filling
regular posts falling due to retirement, deputation,
etc.,
(viii) Appointment of persons on compassionate grounds
in pursuance of Court’s orders,
(ix) Celebration of “May-Day”,
(x) Providing additional charge of office of one officer to
another one,

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 (xi) To call and finalize tenders of routine, repair
maintenance, strengthening and upgradation public
utilities being run by the local authorities,
(xii) Replacement/repair or damaged water supply
distribution pipes,
(xiii) To issue work order of construction of public
facilities and public toilets on BOT basis in
pursuance of Court’s directions,
(xiv) To conduct the election of college students union,
(xv) Clearance of unauthorized structure/land as per
orders of Court,
(xvi) Release of advertisement for activities relating to
control of HIV/AIDS,
(xvii) Release of advertisement to create awareness about
important provisions of labour laws,
(xviii) Purchase of uniform clothes and equipments for
Police and awarding of Tender thereof,
(xix) Commencement of desilting of drain/cattle ponds
(xx) Grant of financial upgradation under assured career
progression scheme to employees,
(xxi) Calling of tenders for work to control mosquitoes
(xxii) Transfer/posting of doctors,
(xxiii) To shift criminals from one jail to other jail in
pursuance of Court’s orders,
(xxiv) To form Committee for stock of chemical fertilizer
for Kharif and Rabi crops ,
(xxv) To purchase medicine and equipments for hospitals
for which grants have already been sanctioned and
tenders for which were already called for.
(xxvi) Recruitment rally to enroll youth into the Army,
Ans. Yes
Provided that no impression is given or created that the same
has been done with a view to influencing the electorate in favour
of ruling party. Further, in the case of advertisements, photo of
Minister/political functionary should not be contained therein.

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Q. 52. Whether the Government can proceed and act upon the
following indicative illustrative list of items, which is not
exhaustive, without obtaining clearance from the
Commission?
(i) Issuing sanction orders to out of turn
PCO/Telephone connections and to nominate
members to various Telephone Advisory
Committees which were ordered by the minister
before the elections.
(ii) Issue of appointment order to a person as a part
time non-official Director on the board of PSU after
Cabinet’s approval.
(iii) Fixing of tariff for Major Port Trusts by Tariff
Authority for major ports.
(iv) Sanctioning of grants From Consumer Welfare fund
to eligible voluntary consumer organizations as per
guidelines.
(v) Implementation of SEZ rules and regulations
(vi) Publication of a booklet titled “Year of Achievement
of the Department” highlighting the salient
achievement of the Department,
(vii) Anganwadi Karyakartri Bima Yojana, an insurance
scheme under the LIC’s social security group
scheme for anganwadi workers and helpers,
(viii) Appointment of Central Govt. nominees to the
General Council as well as Executive Committee of
National Council for Teachers Education,
(ix) Recruitment drive only for wards of serving/retired
service personnel as a welfare measures for troops.
(x) Issue of advertisements in newspapers and video &
audio spots on generic advertisement of processed
food,
(xi) Issue of Notification for setting up a new Promotion
Council for pharmaceutical sector,
(xii) Appointment of a person as a Sr. Consultant from a
Private Company as Head of the internal system
group to review the ongoing projects and E-
governance initiations with the reference to the
position in E-readiness index.
(xiii) Assigning provisional minority status to the newly
sanctioned colleges.
(xiv) Issuance of Notification regarding service medals
for meritorious Police, home guard and fire
personnel.
(xv) Implementation of Micro Irrigation project, a drip
irrigation project.
(xvi) To conduct Multipurpose Identification Camps for
the disabled persons for issuance of certain
certificates etc.
(xvii) Setting up of knowledge park,
(xviii) Appointment of member in the Human Right
Commission or similar other Commission,
(xix) Issuing tender notices for the works of Sub-Minor & 13
Link Drains under a Project;
(xx) Grant of releief concessions to the sick industrial
Ans. No
The processing of aforesaid items may be deferred till the
completion of elections.

Q. 53. Whether State Govt. can seek clarification/

clearance/approval in respect of any proposal directly from
the Election Commission?
Ans. No
Any proposal from State Govt. for seeking
clarification/clearance/approval from the Election Commission
should only be routed through Chief Electoral Officer, who will
make his recommendation or otherwise in the matter.

ELECTION CAMPAIGN
Q. 54. What are the main guidelines for political parties/candidates
while making election campaign?
Ans. During the election campaign, no party or candidate shall indulge
in any activity which may aggravate existing differences or create
mutual hatred or cause tension between different castes and
communities, religious or linguistic. Further, criticism of other
political parties, when made, shall be confined to their policies
and programme, past record and work. Parties and candidates
shall refrain from criticism of all aspects of private life, not
connected with the public activities of the leaders or workers of
other parties. Criticism of other parties or their workers based on
unverified allegations or distortion shall be avoided.

Q. 55. Are their any restrictions in using religious places for

election propaganda?
Ans. Yes
Religious places like Temple, Mosque, Church, Gurudwara or
other places of worship shall not be used as forum for election
propaganda. Further, there shall be no appeal to caste or
communal feelings for securing votes.

Q. 56. Can a candidate go to the office of Returning Officer for

filing a nomination with a procession?
Ans. No
The maximum number of vehicles that will be allowed to come
within the periphery of 100 mtrs. of Returning Officer’s office
has been restricted to 3 and maximum number of persons that
will be allowed to enter the office of Returning Officer has been
limited to 5 (including the candidate).

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Q. 57. How many persons are allowed at the time of scrutiny of
nominations by the Returning Officer?
Ans. The candidate, his election agent, one Proposer and one other
person (who can be an advocate) duly authorized in writing by
the candidate, but no other person, may attend at the time fixed
for scrutiny of nominations by Returning Officer.
(Refer: Sec. 36 (1) of Representation of People Act, 1951)

Q. 58. Are there any guidelines regarding use of vehicles by

ministers/political functionaries/candidates, who have
been provided security cover by the State?
Ans. Yes
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.

Q. 59. Whether there is any restriction for plying of vehicles for

electioneering purposes?
Ans. 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.

Q. 60. Whether a vehicle for which permission has been taken for
election campaign in the name of a candidate, can be used
for election campaign by another candidate?
Ans. No
Use of such vehicle for election campaign by another candidate
shall invite action under section 171H of Indian Penal Code.

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Q. 61. Can a vehicle be used for electioneering purposes without
getting permit from the District Election Officer/Returning
Officer?
Ans. No
Such vehicle shall be deemed to be unauthorized for
campaigning by the candidate and may attract penal provisions
of Chapter IX A of the Indian Penal Code and shall therefore be
immediately out of the campaigning exercise and shall not be
used for further campaign.

Q. 62. Whether there is any restriction on use of educational

institutions including their grounds (whether Govt. aided,
Private or Govt.) for political campaigns and rallies?
Ans. Use of educational institutions including their grounds (whether
Govt. aided, Private or Govt.) for political campaigns and rallies
is not allowed.

Q 63. Is external fitting/modification allowed in the vehicles used

for campaigning?
Ans. External modification of vehicles including fitting of loudspeaker
thereon, would be subject to the provisions of the Motor
Vehicles Act/Rules as well as other Local Act/Rules. Vehicles
with modifications and special campaign vehicles like Video
Rath etc. can be used only after obtaining the requisite
permission from the competent authorities under the Motor
Vehicles Act.

Q. 64. Is there any restriction or use of rest houses, dak

bungalows or other Govt. accommodation for campaign
office or for holding any public meeting for the purpose of
election propaganda?

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Ans. Yes
Rest houses, dak bungalows or other Govt. accommodation
shall not be monopolized by the party in power or its
candidates and such accommodation shall be allowed to use
by other parties and candidates but no party or candidate shall
be allowed to use as campaign office.
Further, it shall be ensured that –

(i) no functionary can use the Circuit House, Dak

bungalow to set up campaign office as the Circuit
Houses/Dak bungalows are only for temporary stay
(boarding and lodging) during transit of such
functionaries,
(ii) even casual meeting by Members of political
parties inside the premises of the Government owned
guesthouse etc. are not permitted and any violation of
this shall be deemed to be a violation of the Model
Code of Conduct,

(iii) only the vehicle carrying the person allotted

accommodation in the guest house and not more than
two other vehicles, if used by the person, will be
permitted inside the compound of the Guest House,
(iv) rooms should not be made available for more than 48
hours to any single individual, and
(v) 48 hours before the close of poll in any particular area,
there will be freeze on such allocations till completion
of poll or re-poll.

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Q. 65. Are there any conditions for getting Govt
aircraft/helicopters (including Public Sector Undertakings)
by political parties/candidates?

Ans. Yes
While allowing the chartering of Govt. aircrafts/helicopters to
political parties/candidates or private companies etc., the
following conditions should be followed:-
i There should be no discrimination between the ruling
party on the one hand and the other parties and
contesting candidates on the other.
ii The payment will be made by the political parties or the
contesting candidates and proper record maintained.
iii The rates and terms and conditions should be uniform
for all.
iv The actual allotment should be made on the first-come
first-served basis. For this purpose, the date and time of
receipt of the application should be noted down by the
authorized receiving authority.
v In the rare case when both the date and time of two or
more applicants is the same, the allotment will be
decided by draw of lots.
vi No individual, firm, party or candidate will be allowed to
charter the aircraft/helicopter for more than three days
at a time.

Q. 66. Is there any restriction on displaying poster, placard,

banner, flag etc of the party concerned or the candidate on
a public property?
Ans. Candidate may display poster, placard, banner, flag etc of the
party concerned or the candidate on a public property subject
to provisions of local law and prohibitory orders in force. For
details, refer Commission’s instructions No.3/7/2008/JS-
II,dated 7.10.2008.
Q. 67. If local law/bye-laws permit wall writings and pasting of
posters, putting up hoardings, banners etc. on private
premises/properties, is it necessary to obtain prior written
permission from the owner of the premises/properties?
Ans. Yes
Candidate is required to obtain prior written permission from the
owner of the properties/premises and photocopy(ies) of such
permission should be submitted within 3 days to the Returning
Officer or an officer designated by him for the purpose.

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Q. 68. Is there any restriction on displaying/carrying poster/
placard/ banner/flag of the party concerned or of the
candidate on the vehicle during the procession?
Ans. Candidate may display /carry one poster/placard/banner/flag of
Candidate’s party/or his own on vehicle during the procession
subject to conformity with the provisions of Motor Vehicle Act
and any other local laws/bye-laws.

Q. 69. Whether there is any ban on use of plastic sheets for

making use of posters/banners during the election
campaign?
Ans. The political parties and candidates should try to avoid the use
of plastic/polythene for preparation of posters, banners etc. in
the interest of environmental protection.

Q. 70. Is there any restriction on the printing of pamphlets,

posters etc?
Ans. Yes
Candidate shall not print or publish, or cause to be printed or
published any election pamphlet or poster which does not bear
on its face names and addresses of the printer and the
publisher thereof.
(Refer : Section 127A of Representation of 1951)

Q. 71. Whether there is any restriction on air dropping of

leaflets/pamphlets by the Political parties/candidates?
Ans. No
Provided that all the expenses in this regard have been booked
against the election expenses of the candidate, on whose
behalf the leaflets/pamphlets are being dropped.

Q. 72. Is wearing of special accessories like cap, mask, scarf etc.

of a candidate permitted during the campaigning?
Ans. Yes, provided they are accounted for in the election expenses
of the candidate concerned. However supply and distribution of
main apparels like saree, shirt, etc. by party/candidate is not
permitted as it may amount to bribery of voters.

Q. 73. Whether dummy ballot units of EVM can be prepared by

the candidate for the purpose of educating the voters?
Ans. Yes
The dummy ballot units may be made of wooden, plastic or ply
board boxes, half the size of the official ballot units and may be
painted brown, yellow or grey.

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Q. 74. Whether there is restriction to display to the public any
election matter by means of cinematograph, television or
other similar apparatus?
Ans. Yes
Candidate can not display to the public any election matter by
means of cinematograph, television or other similar apparatus
during the period of 48 hours ending with the hour fixed for the
conclusion of poll.
(Refer: Sec. 126 of Representation of People Act, 1951)

Q. 75. Whether a candidate can print and distribute the

diary/calendar/sticker depicting his image or image of
Gods/ deities etc.
Ans. No
This will amount to bribery under section 171E of Indian Penal
Code.

Q. 76. Whether distribution of printed “Stepney Covers” or other

similar material containing symbol of party/candidate or
without depicting it, is a violation?
Ans. Yes
In case, it is established that such material have been
distributed, a complaint may be filed before the area Magistrate
by District Administration against the distribution of the said
material under section 171 B of the IPC.

Q. 77. Are there conditions/guidelines for setting up and

operating of Temporary Offices by Party or candidate?
Ans. Yes
Such offices can not be opened by way of any encroachment
either on public or private property/ in any religious places or
campus of such religious places/ contiguous to any educational
institution / hospital / within 200 meters of an existing polling
station. Further, such offices can display only one party flag
and banner with party symbol/photographs and the size of the
banner used in such offices should not exceed ‘4 feet X 8 feet’
subject to the further condition that if the local laws prescribe a
lower size for banner / hoarding etc., then the lower size
prescribed by local law shall prevail.

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Q. 78. Is there any restriction on the presence of political
functionaries in a constituency after campaign period is
over?
Ans. Yes
After the closure of campaign period (starting from 48 Hrs.
before closure of poll), political functionaries etc. who have
come from outside the constituency and who are not voters of
the constituency should not continue to remain present in the
constituency. Such functionaries should leave the constituency
immediately after campaign period is over. This will not apply
in the case of candidate or his election agent even if they are
not voters in the constituency.

Q. 79. Is such restriction applicable in the case of office bearer of

a political party who is in-charge of election in the State?
Ans. Yes
However, such restriction is not insisted upon during the
general elections to Lok Sabha/State Assembly only in respect
of the office bearer who is in-charge of the State during the
election period. Such office bearer shall declare his place of
stay in the State Headquarters and his movement during the
period in question shall remain confined normally between his
party office and place of his stay. The above restrictions will
be applicable to all other functionaries in all elections.

Q. 80. Whether there is any restriction for holding public meeting

or taking out processions?
Ans. Yes.
Prior written permission should be obtained from the concerned
police authorities for holding of a meeting at any public or
private place and for taking out processions.

Q. 81. Whether loudspeakers can be used for public meetings or

for processions or for general propaganda without
obtaining permission from Police authorities?
Ans. No.
Prior written permission should be obtained from the concerned
police authorities for using loudspeakers.

Q. 82. Whether there is any time limit for using loudspeakers?

Ans. Yes.
Loudspeaker can not be used at night between 10.00 P.M. and
6.00 A.M.

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Q. 83. What is the deadline after which no public meetings and
processions can be taken out?
Ans. Public meetings cannot be held after 10 PM and before 6.00
AM. Further, Candidate can not hold public meetings and
processions during the period of 48 hours ending with the hour
fixed for the conclusion of poll. Suppose, poll day is 15th July
and hours of poll are from 8.00A.M to 5.00 P.M., then the public
meetings and processions shall be closed at 5.00 P.M on the
13th July.
(Refer: Sec. 126 of Representation of People Act, 1951)

Q. 84. Whether there are any guidelines for political

parties/candidates for issue of unofficial identity slips to
voters?
Ans. Yes.
The unofficial identity slip, on white paper, shall contain only
the particulars of the voter i.e. name, Serial number of voter,
part No. in the electoral roll, s.no. and name of Polling Station
and date of Poll. It should not contain the name of candidate,
his photograph and symbol.

Q. 85. Is there any restriction on appointment of a

Minister/M.P./M.L.A/M.L.C or any other person who is
under security cover as an Election Agent/Polling
Agent/Counting Agent?
Ans. Yes
A candidate cannot appoint a Minister/M.P./ MLA/MLC or any
other person who is under security cover, as an election/polling
agent/counting agent, as his personal security shall be
jeopardized with such appointment, because his security
personnel will not under any circumstances be permitted to
accompany him into the 100 meter perimeter of polling stations
described as the “Polling Station Neighborhood” and within the
polling booth and campus of counting centre and within the
counting centre. Also any person having security cover will not
be allowed to surrender his security cover to act as such agent
of a candidate.

Q. 86. Is a candidate allowed to appoint persons as polling

agents from anywhere?
Ans. No
Such person who is appointed by the candidate as a polling
agent must be an ordinarily resident and elector of the
concerned polling station area only and not from outside the
concered polling area. Such person must also have Elector’s
Photo Identity Card.
However, in the case of polling stations exclusively manned by
the women polling personnel, the restriction of resident of same
polling area shall not be applied for.

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Q. 87. Who is the authority to issue permits to Star Campaigners
(Leaders) of the Political Parties who avail benefit under
Section 77(1) of R.P Act, 1951?
Ans. In case the mode of road transport is to be availed of by Star
Campaigners (Leaders) of political, the permit will be issued
centrally by the Chief Electoral Officer. If such party applies for
issue of permit for the same vehicle to be used by any leader
for election campaigning throughout the State, the same may
be issued for such vehicle centrally by the Chief Electoral
Officer, which will be prominently displayed on windscreen of
such vehicle(s) to be used by concerned leader(s). If different
vehicles are to be used by such party leaders in different
areas, then the permit can be issued against the name of the
person concerned who will display it prominently on the
windscreen of the vehicle being used by such leader.

Q. 88. Whether Opinion poll or Exit poll can be conducted,

published, publicized or disseminated at any time?
Ans. No
The result of any opinion poll or exit poll conducted shall not
be published, publicized or disseminated in any manner by
print, electronic or any other media, at any time-
(a) during the period of 48 hours ending with the hour fixed for
closing of poll in an election held in a single phase; and
(b) in a multi-phased election, and in the case of elections in
difference States announced simultaneously, at any time during
the period starting from 48 hours before the hour fixed for
closing of poll in the first phase of the election and till the poll is
concluded in all the phases in all States.

Q. 89. Whether there is any restriction for transmitting Short

Messages Service (SMSs)?
Ans. Yes
Transmitting objectionable messages on SMSs during election
is prohibited. For objectionable SMSs which may violate the
law and ECI instructions issued in this behalf, the police
authorities shall advertise special mobile numbers on which the
receiver of such SMS can forward the said SMS with the
mobile number of sender. The police authorities shall take
action under the law.

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POLL DAY
Q. 90. Are there any guidelines for setting up of election booth by
candidate/political parties near polling station on the day of
poll?
Ans. Election booth can be set up beyond a distance of 200 meters
from the polling stations, only with 1 table and 2 chairs with an
umbrella or a piece of tarpaulin or cloth to protect the two
occupants. Only one banner (3 x 41/2 feet) can be displayed
showing the name of the candidate/ party / election symbol at the
booth. However, two election booths can be set up, if more than
two polling stations have been set up in a building

Q. 91. Is it necessary to obtain written permission of the concerned

Government authorities or local authorities for setting up of
election booth?
Ans. Yes
It is necessary to obtain the written permission of the
Government authorities concerned or local authorities before
setting up of such booths. Written permission must be available
with the persons manning the booth for production before the
police /election authorities concerned on demand.

Q. 92. Is there any restriction of canvassing in or near polling

station?
Ans. Yes
Canvassing for votes etc. within a distance of one hundred
meters of polling station is prohibited on the day of poll.
(Refer : Section 130 of Representation of 1951)

Q. 93. Whether the use of mobile phone is allowed in the polling

station?
Ans. No person is allowed to either carry or use mobile phones,
cordless phones, wireless sets etc. in 100 meter perimeter of the
polling stations described as the “polling station neighborhood”
and within the polling booth.
Only Observer/Micro Observer, Presiding Officer and security
personnel are allowed to carry mobile phone but they will keep
their mobile phones in silent mode.

Q. 94. Is there any restriction of going armed to or near polling

station?
Ans. Yes
No person is allowed to go armed with arms as defined in Arms
Act 1959 of any kind within the neighborhood of a polling station
on the day of poll.
(Refer: Section 134B of Representation of 1951)

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Q. 95. How many vehicles a candidate is entitled for on the day of
poll?
Ans. (i) For an election to the House of the People, a candidate
will be entitled to:
(a) One vehicle for candidate’s own use in respect of the
entire constituency. One vehicle for use of candidate’s
election agent for entire constituency.
(b) In addition, one vehicle for use of candidate’s workers
or party workers, as the case may be, in each of the
assembly segments comprised in the Parliamentary
Constituency.
(ii) For an election to the State Legislaitve Assembly, a
candidate will be entitled to:
(a) One vehicle for candidate’s own use
(b) One vehicle for use of candidate’s election agent
(c) In addition, one vehicle for use of candidate’s workers
or party workers.

Q. 96. If the candidate is absent from the constituency on the day

of poll, can the vehicle allotted in his name be used by any
other person?
No
Vehicle allotted for candidate’s use is not allowed to be used by
any other person.

Q. 97. Can any type of entitled vehicle be used on the day of poll?
Ans. No
The candidate or his agent or party workers or workers will be
allowed to use only four/three/two wheeler vehicles i.e. cars (of
all types), taxis, auto rickshaws, rickshaws and two wheelers. In
these vehicles not more than five persons including drivers are
allowed to move on the day of poll.

Q. 98. Whether Political Party/Candidate can make arrangements

for transporting voter to and from Polling Station?
Ans. No.
Any arrangement, direct or indirect, to carry any voter to or from
polling station by any kind of vehicle used for transport is a
criminal offence.
(Refer: Sec. 133 of Representation of People Act, 1951)

25
Q. 99. Whether there are restrictions on plying of Govt./private
vehicles on the poll day?
Ans. No
Public transport like buses, minibuses are allowed to ply but it
should be ensured that they are not used clandestinely for the
conveyance of voters. Further, private cars, taxies carrying
passengers to places other than polling booths like hospitals,
airports, railway stations, bus stands, friends and relations
houses, clubs, and restaurants will be allowed on the road. But
they should not be allowed to come clandestinely near the polling
areas for the conveyance of voters.

Q. 100. Can a leader of Political party use private fixed-wing aircraft

and helicopters for the purposes of supervising and
monitoring the polling and counting process on the day of
poll and counting?
Ans. No
Leader of a political party is not allowed to use private fixed-wing
aircraft and helicopters for the purposes of supervising and
monitoring the polling and counting process on the day of poll
and counting.

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