Theme: Government & Elections

Who is a Service Voter?

You are a service voter  if you are currently a(( Service Voters Portal, Election Commission of India, available at http://servicevoter.nic.in/)):

  • Member of Armed Forces – Army, Navy and Air Force.
  • Member of 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.
  • Member of Armed police force of a state, who are serving outside of that state.
  • Person who is employed by the Government of India in a post outside India, like those working for Embassies and High Commissions outside India.
  • Wife of someone in any of the above

Upon leaving or retiring from any of these services, you will no longer be considered a service voter.

Political Advertisements

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.)):

Duplicate/Lost Driving License

If you have lost or damaged your Driving License (DL), you can apply for a duplicate DL, in which case you will be given a new DL.

Follow the steps given below for a duplicate DL:

Step 1 – You should inform the Regional Transport Office (RTO)/ Regional Transport Authority (RTA) of your state, from where you obtained the original DL, that you have lost/damaged your DL, and apply in writing for the issuance of a duplicate DL.

Step 2-  You should fill in and submit the application form.

Step 3 – You should submit the following:(( Transport Department (Government of Delhi), Duplicate Driving License, http://transport.delhi.gov.in/content/duplicate-driving-licence))

  • FIR of the lost DL
  • Declaration of physical fitness, which will be available on your state’s website or your state’s RTO’s office. For example,for Delhi, you can download the form here.
  • Proof of residence (original and a self-attested copy)(( Rule 4, Central Motor Vehicles Rules, 1989))
  • The prescribed fee. This fee varies across states.
  • Any additional documents that might be required, according to your state.

Step 4 – You can then collect your DL.  Sometimes, the RTO may deliver it to your address, but you should ask the RTO for the details on this step.

If you are unable to obtain a duplicate license or your state does not allow it, you can apply for a new one, but you will have to demonstrate that you tried to get a duplicate license, and that it wasn’t possible for you to get it.(( Section 9(7), Motor Vehicles Act, 1988))

If you require any additional help and support, please see here.

Read this government resource to know more

How can a Service Voter register to vote?

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.

  • Armed Forces (Form 2)
  • Armed Police (Form 2A)
  • Diplomats/Officials working in Embassies and Missions (Form 3)

Step 2

Submit it to the Record Office or Nodal Officer of the place/constituency you are applying from, along with the required documents.

Use of Defence Forces for Campaigning

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.

Learner’s License

A Learner’s License(( Transport Department (Government of Delhi), Learner License, http://transport.delhi.gov.in/content/learner-licence)) is a temporary license which is valid for 6 months, which legally allows you to practice driving on Indian roads, as long as you are accompanied by an adult who holds a valid Driving License.(( Rule 3(b), Central Motor Vehicles Rules, 1989)) Please note that you must be 18 years old before you apply for a DL for a vehicle other than a transport vehicle, so you need to get your Learner’s License renewed or get a new one, depending on the regulations of your state, if you get your Learner’s License before you turn 18 years of age. For example, in some states you can get your learners license after the age of 16 years to drive a motorbike of 50 cc with the permission of your parents or guardian.

You can apply for a DL in any state where you either live or ordinarily conduct business, or where a school of driving is located from where you have taken your training.(( Section 8(1), Motor Vehicles Act, 1988)) The DL is issued by the Regional Transport Office (RTO)/ Regional Transport Authority (RTA) of each State, under the Ministry of Road Transport and Highways,.

Criteria for Grant of Learner’s License

Any person can be granted a Learner’s License, if you meet the following criteria:

  • You are at least 16 years of age(( Section 4(1), Motor Vehicles Act, 1988))
  • Your parents/guardians have given consent, in case you want to drive a motorcycle without gear(( Section 72, Motor Vehicles Act, 1988; Rule 12, Central Motor Vehicles Rules, 1989))
  • You are not disqualified from holding(( Section 8(1), Motor Vehicles Act, 1988)) a Driving License

Precautions to be taken while Driving with a Learner’s License

You should take the following precautions while driving a motor vehicle with a learner’s permit:

  • You are accompanied by an adult who holds a valid Driving License who will be able to control or stop the vehicle, if necessary(( Rule 3(b), Central Motor Vehicles Rules, 1989))
  • The letter “L” is painted, in the front and the rear of the vehicle, or a sign is affixed with the letter “L”. The painting should be at least 18 centimeters square, and the letter “L” should be at least 10 centimeters high, 2 centimeters thick and 9 centimeters wide at the bottom.(( Rule 3, Central Motor Vehicles Rules, 1989))
  • You are not carrying any passengers with you, if you are on a motorcycle, except your instructor.(( Rule 3, Central Motor Vehicles Rules, 1989))

Penalty for Underage Driving

There is a strict penalty in place for those who allow minor persons to drive their motor vehicles without following the provisions mentioned above. Further, the juvenile will be punished under the Juvenile Justice Act, 2000, in addition to the provisions of Motor Vehicles Act, 1988.(( Section 199A(6), Motor Vehicles Act, 1988))

You can get a new Learner’s License, get it renewed or get a duplicate. If you require any additional help and support, please see here.

Read this government resource to know more

What is the process of Voting as a Service Voter?

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.

Unfair Election Practices by Candidates

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.

Renewal of Learner’s License

As a Learner’s License is valid only for 6 months, you need to get it renewed or get a new one once that period has passed.

You can renew your Learner’s License, which is valid for 6 months, or obtain a new one after the date of its expiry, depending on the rules of your state. This procedure varies across states, so you should check the rules specific to your state. For example, in Haryana, you can renew your Learner’s License only once.(( IndiaGov Archive, Obtain Driving License: Haryana, https://archive.india.gov.in/howdo/service_detail.php?formid=151&service=6))

If you require any additional help and support, please see here.

Read this government resource to know more

How do you cast a Postal Ballot as a Service Voter?

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.