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The Commission had a meeting today to consider, inter alia, the report of Shri K.J. Rao, Advisor, Election Commission of India, on the violation of Model Code of Conduct by Rashtriya Janata Dal, a recognized political party in the State of Bihar.
Shri Rao, visited Bihar on 21st and 22nd December, 2004 to enquire into various complaints received regarding the violation of Model Code of Conduct and misuse of official machinery by Rashtriya Janata Dal (RJD) for its proposed Maha Rally on 23rd December, 2004 at Gandhi Maidan, Patna. Shri Rao found large scale defacement of public property by the workers of Rashtriya Janata Dal in Nalanda, Vaishali and Patna Districts. A large number of buildings both public and private, trees, rocks, signboards, bridges, etc. were found painted for the RJD’s rally on 23rd December 2004. Large number of arches/gates were also found erected on National Highways and other roads. MLAs’ Hostel, Officers’ Hostel, Government Hospital, State Government Offices, Government Schools, Central Government Offices, Bihar Government Secretariat, Airport, Railway Stations, Gandhi Setu, Main Bus Stand, Kotwali Police Station, High Court building, etc. were found defaced through the posters, banners, hoardings, arches, etc. Even the bogies of Rajgir Intercity Express, ticket counters at the Railway Station, Computerized Reservation Centre of the Railways at Patna were not spared. Shri Rao also noticed posters of Lok Jan Shakti Party and Bhartiya Janata Party at certain places. The Commission, after considering the report of Shri Rao, decided that Rashtriya Janata Dal and all other parties may be asked to remove all hoardings, banners, posters, cut-outs, arches, etc. that have been erected/pasted at various places by them, whether on public or private property, in violation of the Bihar Prevention of Defacement of Property Act, 1985 forthwith and in any case before 1700 hrs. on December 30, 2004 and to restore those properties to their original position.
The Commission has also decided to direct the Chief Secretary to the State Government of Bihar to enquire into the matter as to how the public property was allowed to be defaced in violation of the Bihar Prevention of Defacement of Property Act, 1985 and send a report in the matter fixing the responsibility on the officers concerned for their acts of omission and commission by 31.12.2004 positively. He has also been asked to obtain the explanations of the officers responsible and forward the same to the Commission by 5th January, 2005. The Commission has further asked the State Government of Bihar to fix the penalty for violation of the said Act and recover the same from the concerned political parties.
All the District Election Officers-cum-District Magistrates have also been asked to recover the expenditure which may have been incurred by them on the removal of hoardings, banners, posters, cut-outs, arches, etc. from concerned political party before 14th January, 2004 and to send a compliance report to the Commission by 1700 hrs. on that day.
The Commission has also asked the Chairman, Railway Board to enquire into the matter as to how the Railways property was allowed to be defaced and send a report in the matter fixing the responsibility on the officers concerned for their acts of omission and commission by 31.12.2004 positively. He has also been asked to obtain the explanations of the officers responsible and forward the same to the Commission by 5th January, 2005. The Commission has further asked the Chairman, Railway Board to recover the damages for defacement of their property from the concerned political party(ies) and send a report to the Commission in this regard.
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