State Election Commission, Mizoram, Government of Mizoram, India

No. B.14015/1/2017-SEC/LC/1 : Dated Aizawl, the 16^th November, 2017

To,

The District Municipal Election Officer

Deputy Commissioner,

Aizawl District, Aizawl.

Subject : Instruction for preparatory activities in connection with By-Election to 1/3 Durtlang Local Council, 2017 within Aizawl Municipality area.

Madam,

In inviting a reference to the subject cited above, the State Election Commission, Mizoram hereby issue instruction for preparatory activities for the coming By-Election to 1/3 Durtlang Local Council, 2017 within Aizawl Municipality Area for timely follow-up action.

INSTRUCTIONS

A. Law & Order

Security personnel should be deployed at every Polling Booth for providing security to the Election Officials on the Poll Day.

Advance preventive measures to maintain Law & Order and to create atmosphere conducive for the conduct of free and fair elections should be taken without fail.

B. Arrangement of names in the list of validly nominated candidates

1. To facilitate the voters to easily identify their choice of candidates from their names and symbol appearing in the ballot papers, all the names and symbols of candidates sponsored by one political party should be printed one after another in an alphabetical order, in Form 10 Rule 43(4) of The Mizoram Municipalities (Election to Local Councils) Rules, 2015.

As provided under Rule 46 (3) of the Mizoram Municipalities (Election to Local Councils) Rules 2015, the reserved symbols are reserved for Registered/Recognized Political Party for exclusive allotment to a contesting candidate(s) set-up by that party. A free symbol is a symbol other than a reserved symbol.

2. The sequence of candidates supported by Registered/ Recognised Political Party should be arranged in alphabetical order e.g. BJP, INC, MNF, MPC, ZNP.

3. Names of other candidates not supported by any Political Parties should be arranged in alphabetical order.

C. Implementation of NLUP

1. As per Para 12(c) of the Model Code of Conduct for By-Election to Local Council, there is no bar for continuing implementation of the on-going schemes.

2. No selection of new beneficiaries shall be done during the operation of Model Code of Conduct;

3. Approved schemes for which sanction had been released to the District Authorities may continue to be implemented;

4. Distribution of development components and material inputs to the beneficiaries should not be centralized and no special programme with fanfare should be organized and all ostentatious function should be strictly avoided. It should be done only through the District Implementing Authorities as per Guidelines for NLUP.

5. However, in order to avoid misuse of the benefits of the schemes for political gains, implementation should be suspended for one week immediately before the date of Poll.

D. Counting Plan

Identification of the place(s) for counting of votes. Assessment of counting staff availability; detailed logistic arrangements for counting, media arrangements and security arrangements for counting centre should be planned well in advance before counting of votes.

E. Release of Funds under MPs/ MLAs/ LADS

The Commission has considered various aspects regarding the release of funds under the MP Local Area Development Scheme and MLA Local Area Development Scheme and decided that –

1. No fresh release of funds under the MP and MLA Local Area Development Schemes shall be made within 1/3 Durtlang Local Council Constituency till the completion of election process on 13^th December, 2017.

2. No work shall start in respect of which work orders were issued before the issue of Election notification but the work has not actually started in the field. These works can start only after the completion of election process. However, if a work has already started, that can be continued.

3. There shall be no bar to the release of payments for completed work(s) subject to the full satisfaction of the District Authorities.

F. Recruitment/Appointment and Transfer of Govt. Employees

1. No recruitment/appointment process in Government Departments / Public Undertaking/ Corporations should be initiated or made which invariably includes written test, personal interview and selection of candidates excepting cases dealt with by the State Public Service Commission, without prior clearance of the State Election Commission, Mizoram.

2. No transfer and posting in respect of officers/officials likely to be drafted for election duty should be made during the operation of the Model Code of Conduct. In the case of transfer orders already issued prior to the date of announcement of Local Council By-Election but not implemented till the time when Model Code of Conduct came into effect, should not be given effect to without obtaining specific written permission from the State Election Commission.

3. In such case where transfer of an officer/official is considered necessary on account of administrative exigencies, the department concerned, with full justification should approach the Commission for prior clearance.

All Administrative Departments are expected to cooperate with the State Election Commission, Mizoram in its onerous duties of conducting free and fair election to the Local Council. Violation of any of the above will be seriously viewed by the State Election Commission.

G. Prohibition of Smoking and use of Mobile phone at Polling Booths and Counting Hall.

The State Election Commission, taking all aspects into consideration, hereby orders that the use of mobile phone by the Polling Officials including Presiding Officer, Candidates, Election agents, Polling agents, Voters, etc, inside polling station building shall not be allowed irrespective of whether it is kept in silent mode or otherwise in connection with the By-Election to the Local Council. Counting Agents and holders of authority letters are also not allowed to carry Mobile Phone inside the Counting Hall. Returning Officers, Observers, Counting Officials and Security Personnel are allowed to carry the mobile phones but they should keep their mobile phones in silent mode.

Further, smoking inside the Polling Station and Counting Hall is not allowed. Neither the Polling staff/counting staff nor the candidate or his election /polling agents/ counting agents are allowed to smoke inside the Polling Station and Counting Hall.

H. Opinion / Exit Poll

In the ensuing By-Election to 1/3 Durtlang Local Council, 2017, poll is scheduled to be held on 8^th December, 2017 (Friday) and the hour fixed for conclusion of Poll is 4:00 PM. Therefore, the period during which results of opinion/exit polls are not to be published/disseminated shall start from 5:00 PM of 7.12.2017 and shall end at 5:00 PM of 8.12.2017.

I. Preparing and printing of Ballot Papers - regarding.

1. Printing shall be done at a secured room with proper security arrangement and under the supervision of a team of officers constituted by the Deputy Commissioner / District Municipal Election Officer.

2. List of contesting candidates for the Local Council should be carefully prepared in Form 13 under Rule 46(12) of the Mizoram Municipalities (Election to Local Councils) Rules, 2015.

The list of validly nominated candidates are to be arranged in alphabetical order that is the first letter of the names should be used, not the initial.

3. The Ballot papers shall contain the name of the candidates with symbols allotted to each of the candidates in the order already set in Form 13.

4. Ballot Papers will be prepared in white paper for General Seat.

5. All composed materials used for printing of Ballot papers should be disposal of immediately after completion of printing of Ballot papers.

6. All spoiled Ballot papers should be destroyed by burning.

7. All Officers and Staff engaged in printing of Ballot papers should be physically checked by the security personnel or the staff who are entrusted with the task and it must be ensured that no printed Ballot papers are found in their possession.

8. Names of political parties be printed on the ballot papers as shown in the sample to further facilitate the voters to easily identify their choice of candidate.

J. Defacement of Public Property & Display of Banners etc - regarding.

1. No erecting of gate and display of banners across the road shall be permitted.

2. If any political party or a candidate indulges in defacement of any property, the Deputy Commissioner/ District Municipal Election Officer concerned shall issue notice to the offender for removing the defacement/banner forthwith. If the offender does not respond promptly, the District Authorities may take action to remove the banner/defacement or prosecute the offender.

K. Restriction on use of vehicles on poll day.

1. No hiring or procuring or use of vehicles by a candidate or his agent or by any other person with the consent of the candidate or his election agent for free conveyance of the voters to and fro from the polling station shall be allowed.

2. Each contesting candidate is entitled to one vehicle for his own use on request. The Returning Officer concerned shall issue the vehicle permit as per proforma enclosed.

PROFORMA

BY-ELECTION TO 1/3 DURTLANG LOCAL COUNCIL, 2017

PERMIT NO. ……..

Name of Candidate …………………………….

No. & Name of Local Council …………………

Vehicle Number ………………………………...

(Round Seal of DMEO)

Signature & Name of Returning Officer

L. Involvement of NGOs on Poll Day:

The services of Mizoram Peoples’ Forum may be utilized for setting up of Common Election Camp on Poll day and, for effective enforcement of Model Code of Conduct.

M. Issue of Prohibitory order

Prohibitory order, if felt necessary shall be issued and preventive measures to maintain Law & Order in order to create atmosphere conducive for conduct of free & fair election shall be taken.

Strict Enforcement of MLPC Act: Necessary action shall be taken for strict enforcement of MLPC Act on the eve of Poll and Poll day/Counting day.

N. Voter Turn-out Report

It should be ensured that Returning Officer and Polling Officials are adequately instructed to submit Poll report/Voter Turn-out report as follows:- 1^st Report on Commencement of Poll & Voter Turnout Report at 8:00 a.m., 2^nd Report at 12:00 noon and Final Report at 5:00 p.m. The consolidated report may be submitted to the Commission within 1 hour after receiving the report.

O. Extension of hours of Poll

As provided under Rule 49 of the Mizoram Municipalities (Election to Local Councils) Rules, 2015, the total period allotted for Polling is between 7:00 a.m. – 4:00 p.m. However, if some electors who had entered the Polling area before the time fixed for poll but close of poll have not cast their vote should be allowed to cast their vote, in such circumstances, the Presiding Officer shall have the power to extend the hours of poll on the basis of his/her reasoned consideration. In view of the sensitivity of the matter, the Presiding Officer should be instructed to exercise his/her powers only after consulting the District Municipal Election Officer, Aizawl District, Aizawl.

P. Election Results

As soon as may be after receipt of all the election results in Form 30 from the Returning Officer, results should be sent to the Commission for publication in the Official Gazette not later than Forenoon of 9^th December, 2017.

Q. Counting of Votes

1. All concerned must thoroughly go through the Handbook.

2. Ballot Paper should not be rejected even if vote for one individual candidate is invalid while those of the others are valid.

3. It shall be inconvenient to classify the invalid vote for one individual candidate as Common Ballot Box and Common Ballot Paper are to be used in the Election. As written in Para 18 & 19 of Handbook for Returning Officers (Election to Local Council) and in Form 30, invalid Ballot Paper should be entered in the appropriate column; not invalid vote of the individual candidate.

R. Telephone Helpline.

Telephone helpline should be arranged which should be disseminated to the public.

S. Restriction after campaign period

In order to maintain free and fair election, it is prohibited to convene public meetings during the period of 48 (forty eight) hours ending with hours fixed for conclusion of poll i.e. 4:00 p.m. of 6^th December, 2017 – 4:00 p.m. of 8^th December, 2017.

No person shall-

1. Convene, hold, attend, join or address any public meeting or procession in connection with an election; or

2. Display to the public any election matter by means of cinematograph, television or other similar apparatus; or

3. Propagate any election matter to the public by holding, or by arranging the holding of, any musical concert or any theatrical performance or any other entertainment or amusement with a view to attracting the members of the public thereto; or

4. Send bulk short message service in connection with an election.

T. Application of Indelible Ink.

Indelible Ink will be applied on each voter’s finger from top of the nail to the bottom on the first joint of the left forefinger.

U. Qualification of Candidate.

A person shall not be qualified to fill a seat in the Local Council if he/she is an employee or holds any office of profit under the Central Government or State Government or Public Undertakings.

Public Undertaking in the context of Mizoram State are the State Level Societies like – MIZOFED, MAHCO, PIGFED, MULCO, ZIDCO, MIFCO etc.

V. Regarding rejection of ballot papers putting Arrow Cross Mark on the reverse side of the ballot paper even by mistake invalidates the vote.

W. No recruitment/appointment process in Government Departments either Central or State / Public Undertaking Corporations should be initiated or made which invariably includes written test, personal interview and selection of candidates excepting cases dealt with by the State Public Service Commission, without prior clearance of the State Election Commission.

X. No recruitment/appointment process in Government Departments either Central or State / Public Undertaking Corporations should be initiated or made which invariably includes written test, personal interview and selection of candidates excepting cases dealt with by the State Public Service Commission, without prior clearance of the State Election Commission.

Y. A person drawing salary from BSNL will be disqualified as it is a Public Sector Undertaking under Central Government.

Z. A person/ candidate whose wife is drawing pay from the Government and living together in a Government Quarter should not be disqualified.

Z. I. A civil or military pensioner drawing pension should not be disqualified from the candidature.

Z. II. Form 10 (Rule 43 (4)) List of Validly Nominated Candidates and Form 13 (Rule 46 (12)) List of Contesting Candidates should be made.

Yours faithfully,

Sd/- TERESY VANLALHRUAII

Secretary,

State Election Commission,

Mizoram.

Memo No.B.14015/1/2017-SEC/LC/1 : Dated Aizawl, the 16^th November, 2017

Copy to:-

1. P.S. to Chief Minister, Mizoram for favour of information.