‘Will monitor all social media posts’

Haryana is heading towards the 13th Assembly elections. Chief Electoral Officer Anurag Agarwal says that the Election Department is fully geared up for the daunting task. He adds that once the model code of conduct is enforced, the party in power cannot issue advertisements in print or other mass media regarding its achievements to lure voters. Excerpts from an interview with Bhartesh Singh Thakur… 

How much manpower will be deployed? 

About one lakh officials, including presiding officers, micro observers, polling officers and supervisory staff, will be involved. An equal number of security personnel — police, paramilitary and Home Guard jawans — will be deployed to maintain law and order. 

How will it be ensured that the government does not take any decision to influence voters till the model code of conduct remains enforced? 

There are clear-cut guidelines. The government will continue to function but there will be restrictions. Transfers, new postings, floating of tenders, recruitments and starting of new works are restricted. If there is a law and order problem or natural calamity, the government is fully empowered to respond. 

Also, there will be a three-member committee headed by the Chief Secretary that will recommend special cases, if any, but these have to be first cleared by the Election Commission of India. 

In the last Lok Sabha poll, there were allegations of delay in transferring officials who were close to a BJP candidate. They were finally transferred, but quite late. What do you have to say?

We will be strict and with the cooperation of the state government, the model code of conduct will be implemented in letter and in spirit. A Returning Officer and two Assistant Returning Officers have been appointed in each constituency. We have screened all manpower available with us. All people holding critical positions meet the prescribed norms for election duties. 

If a complaint is received, we will take action. I will write to the Election Commission of India, which will issue directions to the government. The government is duty bound to follow the orders. 

How can a common man file a complaint regarding the violation of the model code of conduct? 

Cvigil is an app of the Election Commission of India where people can send on-site pictures of model code of conduct violations. Once a complaint is posted, the Deputy Commissioner concerned has to respond within 100 minutes either by going himself there or sending his team. 

There is a toll free number (1950), which is a voters’ helpline, but it will be available for 24 hours for filing complaints after the model code of conduct comes into force. We have set up the entire infrastructure such as TVs, computers to monitor and redress grievances reported on our portal. 

What instructions do political parties have to comply with? 

They have to comply with the Indian Penal Code (IPC) and the Representation of the People Act, which prescribe penalties for electoral malpractices. There are guidelines for electoral expenses, including video and press advertisements and printing of pamphlets. The violation of the model code of conduct can attract action. 

Hate speeches during elections have become a big issue. How is your office going to control the practice? 

Deputy Commissioners will ensure video-recording of every political rally and procession, for which permission has been taken. Without permission, one cannot organise a rally or a procession. 

How are you going to monitor social media? 

Social media cells set up at the district level will do the monitoring. In Chandigarh also, we will monitor all social media posts. If a political party intends to use social media to send messages to its supporters, the prior approval of a committee has to be taken. Bulk SMSes also require approval. Leaders can use Twitter but they must do it within the limits of law. Hate speeches to influence voters cannot be allowed. We will be watchful. Action will be taken in case of code violations. 

Paid news has emerged as a big issue in the last decade. How well prepared are you to tackle it? 

Regarding paid news, Media Certification and Monitoring Committees have been formed at both district and state levels. Any appeal against the decision of a district-level Media Certification and Monitoring Committee with regard to paid news can be made to the state-level Media Certification and Monitoring Committee and any appeal against the decision of the state-level Media Certification and Monitoring Committee can be made to the Election Commission of India (ECI). 

The state-level Media Certification and Monitoring Committee can also make a reference to the ECI for advice, if it deems it necessary. Wherever complaints about paid news are made to the ECI directly, the Commission will forward such cases to the state-level Media Certification and Monitoring Committee for initial consideration.

A weekly report on paid news is to be submitted by the Chief Electoral Officer to the ECI. Also, copies of notices on paid news are displayed on the notice boards of the Returning Officer (RO) and the website of the District Election Officer. 

The paid news cases related to print media are sent by the ECI to the Press Council of India and those related to electronic media are referred to the News Broadcasting Standards Authority for further action. 

What are the rules and guidelines related to property defacement and noise pollution? 

The Haryana Prevention of Defacement of Property Act, 1989 is in place. According to the Act, no private person can utilise a private property for putting up a wall painting or a banner or an advertisement. There is a provision of six-month imprisonment or with a fine up to Rs 10,000 or both for the offence. 

Regarding noise pollution, a public address system or a loudspeaker or any sound amplifier, whether fitted on a vehicle or in a static position, to be used for public meetings for electioneering, will not be allowed between 10 pm and 6 am. No loudspeaker fitted on a vehicle in any other manner whatsoever should be used during 48 hours ending with the hour fixed for the conclusion of the election in any polling area. 

Nationalism is again going to be a major poll issue to mobilise voters. What instructions are going to be issued regarding references to the Army? 

Like the Lok Sabha elections, in the Haryana Assembly poll too, the parties will not be allowed to display photographs of defence personnel or pictures of functions involving defence personnel in advertisements or otherwise as part of their election propaganda or campaigning.

What do you expect from political parties?

The political parties are expected to follow the model code of conduct after the announcement of the elections till it remains in force.   No party or candidate should indulge in any activity which can cause tension and hatred between different castes and communities, religious or linguistic. Also, the criticism of rivals should be confined to “policies and programmes, past record and work”. Personal attacks and unreasonable allegations should be avoided. Religion and caste shouldn’t be mixed with politics to secure votes and mosques, churches, temples or other places of worship shouldn’t be used as forum for election propaganda. 

During campaigning and voting, the parties and the candidates should not bribe voters or intimidate them, hold meetings within 48 hours of voting and canvass within 100 metres of a polling station. 

The use of transport for taking voters to polling stations is also prohibited. 

Individuals shouldn’t be targeted during campaigning and protests should not be held outside their houses. The parties and the candidates cannot put up election material such as banners, advertisements and party flags on an individual’s premises without his permission. 

The parties shouldn’t create obstructions in the rallies and processions of rivals. Advertisements put up by one group shouldn’t be removed by another. To maintain law and order, the parties and the candidates should give prior information of their rallies and processions so that the police could make proper arrangements and officials could monitor them. Political organisations should adhere to their route plans. 

Are there special instructions for the party in power?

There are special instructions in the model code of conduct for the party in power. The ruling party cannot use its official position for election campaigning. It cannot issue advertisements in print or other mass media regarding its achievements to lure voters at the cost of public exchequer.  The Chief Minister and Cabinet ministers cannot sanction grants or funds after the imposition of the model code of conduct. 

There was a controversy  during the Lok Sabha elections regarding the use of a government rest house. How will you ensure no such thing happens this time?

According to the model code of conduct, rest houses, dak bungalows or other government accommodation where elections have been announced or are taking place can be given to political functionaries who are provided security by the state in the Z category or above or on an equitable basis. Politicians cannot carry out any political activity while staying in the rest houses.  

If a party violates the code of conduct, what action will it face?

In case a party violates the model code of conduct, the rules say that the Election Commission can either suspend, subject to such terms as the Commission may deem appropriate, or withdraw the recognition of such party as national party or, as the case may be, as state party, but only after giving it a reasonable opportunity to explain.