Theme: Campaigning & Elections

Advertising which is in the nature of political propaganda or pursues a political agenda, is known as political advertising. Political advertising is allowed, but regulated by the MCC. If political parties or candidates misuse advertisements to further their prospects in the elections, they are violating the MCC. The MCC prohibits candidates and political parties from doing the following:

• Putting up advertisements that contain any abusive language.
• Putting up advertisements or political arguments which target the personal lives of politicians. Criticizing political parties of their past work is allowed, but parties have to refrain from criticizing the aspects of a candidate’s personal life which is not connected with their political activities.
• Using public exchequer to issue advertisements regarding a coverage of their political rally or political achievements.

The following are the ways by which political parties give out advertisements(( Part 1, General Conduct, Model Code of Conduct.)):

• Billboards and Hoardings
• Television and Radio
• Print Media (Newspapers, Posters, Pamphlets etc.)
• Social Media Advertisements

One cannot use defence forces for campaigning purposes i.e. no political party or candidate should use the photographs of any defence forces or army staff during their campaign. Their photographs or functions cannot be mentioned in advertisements.(( Heading 9.8, Manual for Model Code of Conduct, Election Commission, available at https://eci.gov.in/files/file/9375-manual-on-model-code-of-conduct))

Some examples of violations of MCC by using armed forces for campaigning are:

• If a candidate campaigns by using the name of army personnel to get votes.
• If a candidate or political party campaigns by putting up posters and billboards with the pictures of defence personnel.

There are many practices during an election campaign that candidates are not supposed to do, which count as unfair election practices by the candidates, such as(( Section 123, Representation of Peoples Act, 1951.)):

• Using official vehicles without permission.
• Booth capturing.
• Using the help of gazetted officers, stipendiary judges and magistrates, members of the armed forces, members of police forces, excise officers, revenue officers (other than village revenue officers like Patels, Deshmukhs), etc. for election campaigning.
• Advertising using Government money and public funds.
• Using religion during campaigning.
• Using armed forces during campaigning.
• Unfair use of public grounds and spaces for campaigning
• Unfair use of print media, television, radio, social media etc.

Candidates while campaigning have a duty to(( Chapter 4, Heading 4.4, Manual for Model Code of Conduct, Election Commission, available at https://eci.gov.in/files/file/9375-manual-on-model-code-of-conduct.)):

Not Spread Hatred

Candidates should not promote or attempt to promote any feelings of enmity or hatred in the name of religion, race, caste, community, language, etc. by a candidate or a political party.

For example, if a candidate while campaigning asks the Hindu community to vote for him/her, with the promise of eradicating other religious minorities, then this is a practice of spreading hatred among the people.

Not to Promote Sati

Candidates should not propagate or glorify sati since it is not only banned under the MCC but also the law.

For example, if a candidate promises to bring back the sati practice in a community in exchange for votes, then it is a violation of the MCC.

Not Make False Statements

Making false statements in connection with an election to influence the voters to vote for or refrain from voting for a candidate is a violation of the MCC.

For example, if a candidate makes a statement saying that the EVM Machine is recorded and threatening voters with consequences if they do not vote for him, then it is a violation of the MCC.

The political parties or candidates are not allowed to use public places like maidans, helipads, etc for holding public meetings.

For this purpose, political parties and candidates are allowed to use public or government-owned spaces such as playgrounds of schools, colleges and other educational institutions or other such public properties, provided that(( Chapter 12, Manual on Model Code of Conduct, available at https://eci.gov.in/files/file/9375-manual-on-model-code-of-conduct/)):

• Academic calendar of school/college is not disturbed under any circumstances.
• The school/college management has no objection, and prior permission for such campaigning is obtained from them as well as Sub Divisional Officer concerned.
• Such permission is granted on first-come-first served basis and no political party is allowed to monopolize use of such grounds.
• There is no order/direction of any court prohibiting use of any such premise/ground.
• The political parties/candidates/campaigners shall ensure that the MCC is not violated.
• The political party or candidate who has been allowed to use the school grounds will have to ensure that no damage is done to the to the ground. If there is any damage then they must pay appropriate compensation to the school authorities.

Private property can also be used for campaigning for political meetings but they will have to take permission from the owners.

If a person does not take permission from the owner of the property (public or private), it would be a crime where the person will be punished with jail time upto 3 months and/or a fine.

There is a certain conduct that candidates must follow while campaigning. All political parties and candidates should avoid activities that affect the voters and other candidates such as(( Manual for Model Code of Conduct, Election Commission, available at https://eci.gov.in/files/file/9375-manual-on-model-code-of-conduct)):

Actions against Voters

• Bribes: Bribing voters to vote for or not vote for a candidate or party. For example: Giving a voter a television to vote for a candidate.
• Threats: Threatening voters that there will be consequences for not voting for a certain party/candidate.
• Inducing Voters: Trying to make anyone believe that they will be subject to any godly punishment if they do not follow the instructions of the candidate.
• Impersonation of Voters: Impersonation of voters to cast illegal votes.

Actions against Candidates

• Threats to Other Candidates: Threatening any other candidate or voter with injury or any kind of social ostracism, ex-communication or expulsion from any caste or community.
• Personal Attacks: While criticising other candidates and political parties, candidates must restrict their comments to policies, programmes, past records and works of other parties and candidates. They should not criticise or comment on the private lives of other candidates, political parties or their workers. Criticism based on unverified reports should also be avoided at all costs.

The use of any official vehicles for campaigning or election-related travel from the date of announcement of elections till the completion of elections is not allowed.(( Section 123(5) and Section 160, Representation of the People Act, 1951.))

But, if a political leader is under threat of extremist and terrorist activities and requires security, they can request the Election Commission for the use of an official vehicle.

What are Official Vehicles?

Official vehicles are those vehicles that belong to the following(( FAQs, Election Commission of India, available at https://eci.gov.in/faqs/.)):

• Central/State government,
• Public Undertakings/Joint Sector Undertakings of central and state governments,
• Local bodies, Panchayats, Municipal Corporations, Cooperative Societies, Marketing boards,
• Autonomous district councils in which public funds are invested,
• Ministry of Defence and other Ministers.

The different kinds of official vehicles are helicopters, aircraft, cars, jeeps, automobiles, boats, hovercrafts, trucks, lorries, tempos, cycle-rickshaws, auto-rickshaws, buses, etc.