Holding Public Meetings 48 Hours before Elections

The law prohibits any public meetings which discuss elections through1:

  • Musical concerts
  • Theatrical performances
  • Processions
  • Other forms of entertainment

No person can convene or hold, attend or join or address any public meetings which are in connection with elections 48 hours before the date of polling.

For example:

  • A candidate cannot gather a group of people and advocate them to vote for him on the day of polling.
  • A theater group cannot host a play on the achievements of a political party on the day of polling.

If any person or candidate holds any form of public meeting, then this person will be punished with jail time up to 2 years and/or a fine.(( Section 126(2), The Representation Of The People Act, 1951.))

  1. Section 126(1)(c), The Representation Of The People Act, 1951. []

When Does MCC Apply?

The MCC applies when elections are going on. For the Lok Sabha elections MCC usually comes in force when the election schedule is announced by the Election Commission of India and till the results are announced in all the constituencies.(( Heading 3.2, Manual for Model Code of Conduct, Election Commission, available at https://eci.gov.in/files/file/9375-manual-on-model-code-of-conduct.))

What are State elections?

Through the State elections you are electing the Members of the State Legislature who will represent your constituency at the state level. The State Legislature might have an Vidhan Parishad (Upper House) or not, but it always has the Vidhan Sabha (Lower House). (( Chapter III, Part VI, Constitution of India, 1950.))

Each member of Lower House of a state is elected for 5 years, and each member of Upper House is elected for 6 years.

The number of members of the State Legislature varies across states, depending upon the population in that state. For example, the State Legislature of Uttar Pradesh has a considerably greater number of members than Pudcherry.

Advertisements through Television and Radio 48 Hours before Elections

Advertisements or sponsored programmes or reports which support or criticize a candidate with an intention to influence the election cannot be broadcasted on the television or the radio. If general events relating to a political party are broadcasted which does not influence the public in any manner then it can be broadcasted via TV or the radio.(( Section 126(1)(b),The Representation Of The People Act, 1951.))

For example, if the television broadcasts a political leader insulting another candidate, then, such content will be taken down by the Media Certification and Monitoring Committee (MCMC).

Live Coverage on Electronic Media Outside Constituency

Due to the advancement in technology and development of different modes of electronic media, it is difficult to monitor all regions of a particular State conducting polls. At times, there might be a political event being conducted outside the constituency going to poll, which is being covered live on electronic media. In such situations, the live coverage will not be illegal if it only covers general discussion and not those relating to the specific constituency or specific candidate about to go to poll (in the 48 hour period).(( Subheading 8.3, Chapter 8, Manual for Model Code of Conduct.))

If any such live coverage on electronic media does take place, the candidate or party leader conducting the event will get the same punishment as they would have, had the event taken place within the constituency itself, i.e. jail time of 2 years and/or fine.

Who can vote in Lok Sabha elections?

Every Indian citizen over the age of 18(( Article 326, Constitution of India, 1950.)) has the right to participate and vote in national, state, district as well as local government body elections. You have to register yourself as a voter on the electoral roll of your constituency. To register on the electoral roll you have to ensure that(( How to Register a Vote, Systematic Voters Education and Electoral Participation, available at https://ecisveep.nic.in/)):

  • You are a citizen of India.
  • You are above the age of 18 years
  • You are mentally fit
  • You haven’t been convicted by a court for committing any of the following crimes:
    • Bribery
    • Voting on behalf of someone else
    • Trying to prevent someone from voting by threatening them
    • Inciting or promoting hatred and violence between people
    • Obstructing or destroying election processes/documents

Ban on Liquor 48 Hours before Elections

There is a ban on  liquor 48 hours before elections.(( Section 135(c), Representation of People Act, 1951.)) The day(s) on which a constituency observes a silent period is a dry day. The law requires all liquor shops to be closed 48 hours before the date of polling to prevent consumption, distribution of alcohol and bribing of voters. States are responsible for making sure that the liquor shops around neighbouring constituencies are also closed.

Who is Covered Under the MCC?

The MCC covers(( Heading 3.5, Manual for Model Code of Conduct, Election Commission, available at https://eci.gov.in/files/file/9375-manual-on-model-code-of-conduct.)):

  • Political parties,
  • Candidates,
  • Organizations,
  • Committees,
  • Corporations, and
  • Commissions funded wholly or partially by the central or the state government. Example: Electricity Regulatory Commissions, Jal Boards, Transport Corporations, etc.

How do you vote?

Please follow the steps given below to know how to vote.

Before you go to the polling station, please verify if your name is on the electoral roll of your constituency. You can do that by checking the list here.

 

Indian Resident Voter:

Take your Voter ID card with you to the polling station. If you do not have a Voter ID card, you can take other forms of identification also. But only those that have the same address as the one mentioned in the electoral roll of your constituency/Voter ID card.

NRI Voter (( Overseas Electors, Election Commission of India, available at https://eci.gov.in/faqs/voter-electors/overseas-electors/faqs-overseas-electors-r12/.)):

Take your passport with you to the polling station.

You will have to wait in line till your turn comes to vote. The women, men and people with disabilities will be allowed to enter separately and only one voter can enter at a time. You will see a notice which is displayed on the polling station building or hall, which gives information regarding:

  • The polling area, and the different polling stations with their addresses (if there are more than one).
  • List of voters in each polling stations.
  • List list of candidates standing for elections.

Inside the Polling Booth

As you enter the polling booth, the First polling officer will verify if you have the valid ID and you are on the electoral roll. Once it is verified that you are a bonafide voter the Second Polling Officer will put an ink mark on your left index finger. This is done to ensure the voting officials of the fact that you have voted and to not allow a person to vote multiple times.

If you do not have a left index finger then watch this video to understand what will be done. If you already have an ink mark on your finger or if you refuse to put the ink mark, then you will not be allowed to vote.

The officer will(( Handbook for Presiding Officers, Election Commission of India, available at, https://ceodelhi.gov.in/WriteReadData/HandBooks/Handbook_for_Presiding_Officers.pdf.)):

  • Make a record of your Voter ID Number in Form 17A.
  • Ask you to put your thumb impression or signature in a book known as the Register of voters.
  • Mark your name on a copy of the electoral roll, thereby permitting you to vote.

After this, you will have to proceed to the voting compartment.

As a voter, you will cast your ballot by using an EVM Machine or Electronic Voting Machine. It is a machine which is operated electronically and helps record votes. (( Section 61A, The Representation of People Act, 1951.))

EVM

Moving to the Voting Compartment(( Electronic Voting Machines, Election Commission available at https://eci.gov.in/evm/))

An Electronic Voting Machine consists of two Units – a Control Unit and a Balloting Unit – joined by a five-meter cable. The Control Unit is kept with the Presiding Officer or a Polling Officer and the Balloting Unit is placed inside the voting compartment, where you vote. The Presiding Officer or the Polling Officer releases the ballot for you so that you can cast your vote,

A list of candidates’ names and symbols will be available with a blue button next to it. You have to press the button next to the name of the candidate’s name that you wish to vote for. If you do not wish to vote for any particular candidate, then you have the option to select the NOTA – None of the Above option in the EVM Machine.

Right after you have voted, you will see a green light on the VVPAT Machine will be placed next to the EVM Machine, which will indicate that you have voted. You will also see a printed slip which is printed containing the serial number, name and symbol of the candidate which you can see through a transparent window for 7 seconds. This printed slip automatically gets cut and falls in the sealed drop box of the VVPAT.

You cannot vote more than once and even if you make a mistake, you cannot undo it. Even if your name comes twice in the electoral roll or your name comes in two different constituencies electoral rolls, you can only vote once. If you vote twice, then both your votes are not counted. There is nothing you have to do after all this is over. Once you exit the polling station, you have completed the voting process.

Effect of violation of MCC

There are certain effects of violation of MCC. If a person violates the MCC rules, they cannot be punished, except in certain cases where the MCC violation is also a crime under the Indian Penal Code, 1860 and the Representation of the People Act, 1951. For the violation of those crimes, one might even go to jail. As for violations of MCC alone, a warning will be issued , but if the person repeat them, the complaint will be forwarded to the election authorities who will take necessary actions, which might even be removal of their candidature. The most important role the Election Commission plays during the period MCC is in force, is the immediate actions it takes in stopping violations of MCC.(( State of Karnataka v. Common Cause and Ors., etc., (2016) 13 SCC 639.))

Some examples are:

  • The Election Commission can stop government advertisements endorsing the ruling party.
  • Stop the ruling party from using their political influence and endorsing their agenda through television or cinema.
  • Stop a candidate or a party from indulging in any activity which may create mutual hatred or cause tension between castes and communities.(( Chapter 12, Manual on Model Code of Conduct, https://eci.gov.in/files/file/9375-manual-on-model-code-of-conduct/))
  • The District Election Officers can order an FIR against a person for making remarks which can lead communal tension.