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.)):
You can register your name as a service voter in the electoral roll of your home constituency, i.e. where your permanent residence is. You also have the option to register as a general voter at the place you are posted at, like a military cantonment area, but subject to the following conditions(( Service Voter Brochure, Ministry of External Affairs available at https://mea.gov.in/Images/pdf/service-voter-brochure.pdf)):
You must be residing at the place of posting with your family for a sufficient amount of time, or
You are on a tenure posting of 3 years or more in that place of posting.
You can only be registered in one place/constituency at a time. So, while you are filing the application form, you will have to make a declaration confirming that you are not registered in any other constituency electoral roll.
How to Register
If you are a service voter or a wife of a service voter, then you have to follow these steps to register to vote:
Step 1
Fill 2 copies of the relevant application form of the category of service you belong to.
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.
Once you have received your ballot papers, follow the steps mentioned below to cast your vote as a service voter(( Service Electors FAQ, Election Commission of India, available at https://eci.gov.in/faqs/voter-electors/service-voter/faqs-service-electors-r13/)):
Step 1
Put a tick mark (✓) or cross mark (x) next to the name of the candidate you want to vote for.
You must not write or mark anything on the ballot paper that would reveal your identity.
Step 2
Fill Form 13A declaring that you have cast your postal ballot. Attest it by a notary/stipendiary magistrate or the commanding officer of your unit, ship or establishment (depending upon which wing of the armed forces you are from).
If you are a government official serving abroad, you must get it attested by the diplomatic or consular representative of India at the country where you are posted.
Step 3
Note down the serial number of your ballot paper on the Form 13B cover and Place your marked ballot paper inside it and seal it according to the instructions.
Step 4
Put your duly filled and sealed Form 13A and Form 13B in the envelope provided (Form 13C). The envelope will already be addressed to your Returning Officer.
You do not need to affix any postal stamp on your envelope.
If you are a government official casting your postal ballot then you can send it either by airmail or as a diplomatic package.
Post it by the time and date timelines mentioned.
If you send it after the fixed time, your vote will not be counted.
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 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.
If you are registered as a service voter in your home constituency, i.e. constituency where your permanent residence is, and you are posted elsewhere when the elections are announced, the Returning Officer of your home constituency will send you and your wife postal ballots.
The Returning officer will send you the following forms/papers for you to cast your vote:
A postal ballot paper (with your electoral roll number and the initials ‘PB’ written on the backside of the form by the Returning Officer)
Form 13A, i.e. a declaration saying that you have casted your vote.
Form 13B i.e. a cover for placing your marked ballot paper
Form 13C i.e. a cover with your duly filled Form 13A and Form 13B addressed to the Returning Officer
Form 13D i.e. a copy of the instructions explaining how to cast your vote along with time and date by which you should send the ballots back)
Source: ECI.GOV.IN
If the postal ballot is received by the Returning Officer as undelivered, he will send it to you again by post. You can even ask the Returning Officer to have the postal ballot delivered to you personally.
If for some reason your postal ballot gets damaged and you cannot cast your vote through it, you can ask your Returning Officer to send you a second set of ballot papers and return the spoiled ones back to him. Only if the Returning Officer is satisfied that they are indeed spoiled, he will send you a second set.
To reduce the time of sending ballot papers, the Election Commission has set up an ETPB method – Electronically Transmitted Postal Ballots. By using ETPB, the Returning Officer can send you the ballot papers electronically and you can download the same using an OTP (One Time Pin) generated specifically for you. Once you have entered your OTP, you can download your forms accordingly. For further information, please refer to the Election Commission’s Service Voter Portal. (( ETPBS & Service Voter, Election Commission of India, available at https://eci.gov.in/divisions-of-eci/it-applications-etpbs-servicevoter/))
Once you have received your ballot papers, follow the steps mentioned below to cast your vote:
Step 1
In order to cast your vote on the postal ballot you must either out a tick mark (✓) or cross mark (x) next to the name of the candidate you want to vote for. But you must not write or mark anything on the ballot paper that would reveal your identity.
Step 2
Fill in Form 13A declaring that you have casted your postal ballot and get it attested by a notary/stipendiary magistrate or the commanding officer of your unit, ship or establishment (depending upon which wing of the armed forces you are from). If you are a government official serving abroad, you must get it attested by the diplomatic or consular representative of India at the country where you are posted.
Step 3
After marking your vote and getting your declaration attested, note down the serial number of your ballot paper on the Form 13B cover and place your marked ballot paper inside it and seal it.
Step 4
Take the sealed Form 13B and your Form 13A declaration and put it in an envelope (Form 13C) addressed to your Returning Officer and post it by the time and date mentioned accordingly. You do not need to affix any postal stamp on your envelope. If you send it after the fixed time, your vote will not be counted. If you are a government official casting your postal ballot then you can send it either by airmail or as a diplomatic package.
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.
If you are a service voter belonging to either of the following two categories, then you have an option to vote through a proxy at your home constituency(( Service Electors FAQ, Election Commission of India, available at https://eci.gov.in/faqs/voter-electors/service-voter/faqs-service-electors-r13/)):
Armed forces of the Union
Assam Rifles, Central Reserve Police Force, Border Security Force, Seema Sashastra Bal, Indo-Tibetan Border Police, Central Industrial Security Force, General Engineering Reserve Force and Border Roads Organisation under Border Roads Development Board
If you choose this option to vote, you will be recognised as a ‘Classified Service Voter’ (CSV).
This option is NOT available to armed police forces of a State or government officials and diplomats serving abroad.
You can appoint any person living in your home constituency as your proxy if they are:
Someone who has been living in that constituency for some time and is a citizen of India
Above 18 years of age
Not banned from registering as a voter on the electoral roll of that constituency.
How to Appoint a Proxy(( Service Electors FAQ, Election Commission of India, available at https://eci.gov.in/faqs/voter-electors/service-voter/faqs-service-electors-r13/))
Sign a duly filled Form 13F before your commanding officer of your unit, ship or establishment and send it to the person who you are appointing as proxy. The proxy will have to sign the form in front of a notary or a First Class Magistrate and submit it to the Returning Officer at your constituency. If you are at your home constituency, both you and your proxy can sign Form 13F before a notary or a First Class Magistrate.
You can exercise this option of voting through proxy only till you remain a service voter.
Once appointed, they will continue to be your proxy till you revoke their appointment, or till they die. If you wish to revoke this to back to voting through postal ballots, you must fill Form 13G and send it to your Returning Officer. As soon as he receives the duly filled form, the proxy will be revoked.
How to vote through proxy(( Service Electors FAQ, Election Commission of India, available at https://eci.gov.in/faqs/voter-electors/service-voter/faqs-service-electors-r13/))
Your proxy will cast your vote at the polling station, by following the standard procedure set for general voters. This vote that your proxy will cast will be in addition to the one they may cast in their own name. For the vote that the proxy casts for you, the indelible ink marking will be made on the middle finger of their left hand.
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.
None of the Above (NOTA) is an option which is given to the voters while casting their vote. It allows the voters to not choose any of the listed candidates. The Electronic Voting Machines have the NOTA option at the end of the list of candidates.
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