general elections to the legislative assemblies of haryana, bihar and jharkhand, 2005 – deployment of observers : press note

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Monday, January 03, 2005

The Election Commission today held a briefing meeting for the Observers (both General and Expenditure) who are being deployed for General Elections to the Legislative Assemblies of Haryana, Bihar and Jharkhand.

The meeting was addressed by Shri T. S. Krishna Murthy, Chief Election Commissioner, Shri B. B. Tandon, Election Commissioner and Shri N. Gopalaswami, Election Commissioner.

Around 500 officers are being appointed as Observers (consisting of 421 General and 80 Expenditure) to supervise the election process in forthcoming Legislative Assembly Elections, 2005. To ensure close monitoring and supervision one General Observer is being appointed for each assembly constituency and one Expenditure Observer for each District. Earlier, Commission used to allot two General Observers and one Expenditure Observer to each district. The senior most General Observer in the District has been nominated as District Observer for the purpose of co-ordination. In addition to these, the Commission has appointed State Observers to supervise the election process. This time, Election Observers will stay in the constituencies during their first visit continuously till the end of poll day. This would ensure immediate redressal of complaints that are received from various political parties/candidates.

During the first visit, they will supervise the processes of nominations, scrutiny, withdrawal, campaign and poll. They would also be supervising preparation of Electronic Voting Machines, training of polling personnel and conduct of voter awareness programmes. All Observers have been asked to look into deployment plan of forces in the constituency. They will also be critically examining classification of hypersensitive and sensitive polling stations. During the second visit, all Observers will monitor counting and declaration of results. Observers, who are appointed under Section 20B of the Representation of the Peoples Act, play an important statutory role to ensure free and fair elections. They act as crucial link between the field and the Commission. These officers remain under disciplinary control of the Commission till the end of elections.

During the forthcoming elections, not more than three vehicles will be allowed to come within 100 metres of Returning Officer’s/Assistant Returning Officer’s office at the time of nomination. To curb the tendency of overcrowding, the Commission has issued directions that at the time of nominations only candidates, their proposers as prescribed by law and four others be allowed to enter officer of Returning Officer/Assistant Returning Officer.

The Observers have been asked to make sure that the affidavits that are filed by the candidates at the time of nomination detailing convictions, cases pending in Courts, movable/immovable assets, qualifications are displayed permanently and made available for public scrutiny without any loss of time. Observers were specifically asked to tour the Assembly Constituency allotted extensively and build confidence among weaker and disadvantaged sections.

The Observers will constantly review execution of non-bailable warrants, recovery of illicit arms and collection of licensed arms from undesirable elements. They would also ensure that preventive arrests are not made to the advantage of any political party. The Observers will strictly enforce implementation of Model Code of Conduct. The Observers were informed that during the forthcoming elections, no videography or photography be allowed inside the polling stations and secrecy of vote will be maintained at all costs. The Observers were directed to make sure that extensive videography is done of all critical events, that may take place during the election process, and polling at hyper-sensitive polling stations.

During these elections, Central Government employees will be engaged for poll duty to the extent possible. The Observers were also asked to ensure that all those officers who stand transferred (because they were in their home districts or because they had completed three years of tenure at last station or because they were charged/transferred because of misconduct during previous elections) physically move out. The Commission has asked all District Election Officers to prepare a comprehensive communication plan in consultation with Observers to ensure proper and effective communication on the day of poll.

The Commission also directed that in cases where poll has been delayed for a considerable time, a repoll should be recommended.

The Expenditure Observers were asked to monitor the expenditure closely and check the accounts submitted by candidates regularly. The accounts submitted periodically by the candidates shall be displayed by the Returning Officer prominently.

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