Symbol for ‘None of the Above’ (NOTA) option.




Symbol for ‘None of the Above’ (NOTA) option.

            It may be recalled that the Election Commission of India had introduced ‘NOTA’ – ‘None of the Above’ option on ballot papers displayed on EVMs and all other ballot papers with effect from 11th October, 2013, pursuant to Supreme Court’s Order dated 27th September, 2013.   

            The Election Commission of India has now introduced a specific symbol, like other election symbols, shown below, for ‘None of the Above (NOTA)’ option, to facilitate the voters in exercising their NOTA option.  This symbol will now appear in the last panel on all EVMs and the others ballot papers against the ‘None of the Above (NOTA)’ option at all elections to be held from now onwards.  The necessary instructions have been issued to all the Chief Electoral Officers in this regard.
            The main objective of the ‘NOTA’ option is to enable electors who do not wish to vote for any of the candidates to exercise their right not to vote for any candidate without violation of the secrecy of their decision.
            The symbol for ‘None of the Above (NOTA)’ option has been designed by National Institute of Design (NID) Ahmedabad.



                                            The NOTA symbol

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General election to Legislative Assembly of Bihar, 2015 – Media Coverage during the period referred to in Section 126 of RP Act, 1951.
           

The schedule for calling general election to the Legislative Assembly of Bihar has been announced on 9th September, 2015. Poll is scheduled to be held in 5 (five) phases. Section 126 of Representation of the People Act, 1951, prohibits displaying any election matter by means, inter alia, of television or similar apparatus, during the period of 48 hours before the hour fixed for conclusion of poll in a constituency. The relevant portions of the said Section 126 are re- produced below: -

(126. Prohibition of public meeting during period of forty-eight hours ending with hour fixed for conclusion of poll-

(1)  No person shall –

(a) ………………….                                         

(b)  Display to the public any election matter by means of cinematograph, television or other similar apparatus;

(c) …………………….

In any polling area during the period of forty-eight hours ending with the hour fixed for the conclusion of the poll for any election in the polling area.

(2)   Any person who contravenes the provisions of sub-section (1) shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with both.

(3)   In this Section, the expression “election matter” means any matter intended or calculated to influence or affect the result of an election.)

2.         During elections, there are sometimes allegations of violation of the provisions of the above mentioned Section 126 of Representation of the People Act, 1951 by TV channels in the telecast of their panel discussions/debates and other news and current affairs programmes. As above mentioned, the said Section 126 prohibits displaying any election matter by means, inter alia, of television or similar apparatus, during the period of 48 hours ending with the hour fixed for conclusion of poll in a constituency. “Election matter” has been defined in that Section as any matter intended or calculated to influence or affect the result of an election. Violation of the aforesaid provisions of Section 126 is punishable with imprisonment upto a period of two years, or with fine or both.

3.         The Commission once again reiterates that the TV/Radio channels and cable networks should ensure that the contents of the programme telecast/broadcast/displayed by them during the period of 48 hours referred to in Section 126 do not contain any material, including views/appeals by panelists/participants that may be construed as promoting/prejudicing the prospect of any particular party or candidate(s) or influencing/affecting the result of the election. This shall, among other things, include display of result of any opinion poll and of standard debates, analysis, visuals and sound-bytes.

4.         In this connection, attention is also invited to Section 126A of the R.P. Act 1951, which prohibits conduct of Exit poll and dissemination of their results during the period reckoned from the commencement of polls in the first phase and till half hour after the close of poll for the last phase in the State.

5.         During the period not covered by Section 126 or Section 126A, concerned TV/Radio/Cable/FM channels are free to approach the state/district/local authorities for necessary permission for conducting any outdoor broadcast related events which must also conform to the provisions of the model code of conduct and the programme code laid down by the Ministry of Information and Broadcasting under the Cable Network (Regulation) Act with regard to decency, maintenance of communal harmony, etc. They are also required to stay within the provisions of Commission’s guidelines dated 27th August, 2012 regarding paid news and related matters. Concerned Chief Electoral Officer/District Election Officer will take into account all relevant aspects including the law and order situation while extending such permission. As regards political advertisements, the same needs pre-telecast/broadcast certification by the Committees set up at the State/District level as per the Commission’s order No. 509/75//2004/JS-I dt 15.04.2004.

6.         Attention of all print media is also drawn to the following guidelines issued by Press Council of India to be followed for observance during the election:

(i)         It will be the duty of the Press to give objective reports about elections and the candidates. The newspapers are not expected to indulge in unhealthy election campaigns, exaggerated reports about any candidate/party or incident during the elections. In practice, two or three closely contesting candidates attract all the media attention. While reporting on the actual campaign, a newspaper may not leave out any important point raised by a candidate and make an attack on his or her opponent.

(ii)        Election campaign along communal or caste lines is banned under the election rules. Hence, the Press should eschew reports, which tend to promote feelings of enmity or hatred between people on the ground of religion, race, caste, community or language.

(iii)       The Press should refrain from publishing false or critical statements in regard to the personal character and conduct of any candidate or in relation to the candidature or withdrawal of any candidate or his candidature, to prejudice the prospects of that candidate in the elections. The Press shall not publish unverified allegations against any candidate/party.

(iv)       The Press shall not accept any kind of inducement, financial or otherwise, to project a candidate/party. It shall not accept hospitality or other facilities offered to it by or on behalf of any candidate/party.

(v)        The Press is not expected to indulge in canvassing of a particular candidate/party. If it does, it shall allow the right of reply to the other candidate/party.

(vi)       The Press shall not accept/publish any advertisement at the cost of public exchequer regarding achievements of a party/government in power.

(vii)      The Press shall observe all the directions/orders/instructions of the Election Commission/Returning Officers or Chief Electoral Officer issued from time to time.

7.         Attention of the electronic media is also invited to the “Guidelines for Election Broadcasts” issued by NBSA dt 3rd March, 2014.


(i)                  News broadcasters should endeavour to inform the public in an objective manner, about relevant electoral matters, political parties, candidates, campaign issues and voting processes as per rules and regulations laid down under The Representation of the People Act 1951 and by the Election Commission of India.

(ii)        News channel shall disclose any political affiliations, either towards a party or candidate. News broadcasters have a duty to be balanced and impartial, especially in their election reporting.

(iii)       News broadcasters must endeavour to avoid all forms of rumor, baseless speculation and disinformation, particularly when these concern specific political parties or candidates. Any candidate/political party, which has been defamed or is a victim of misrepresentation, misinformation or other similar injury by broadcast of information should be afforded prompt correction, and where appropriate granted an opportunity of reply.

(iv)       News broadcasters must resist all political and financial pressures which may affect coverage of elections and election related matters.

(v)        News broadcasters should maintain a clear distinction between editorial and expert opinion carried on their news channels.

(vi)       News broadcasters that use video feed from political parties should disclose it and appropriately tag it.

(vii)      Special care must be taken to ensure that every element of a news/programmes dealing with elections and election related matters is accurate on all facts relating to events, dates, places and quotes. If by mistake or inadvertence any inaccurate information is broadcast, the broadcaster must correct it as soon as it comes to the broadcaster’s notice with the same prominence as was given to the original broadcast.

(viii)      News broadcasters, their journalists and officials must not accept any money, or gifts, or any favour that could influence or appear to influence, create a conflict of interest or damage the credibility of the broadcaster or their personnel.

(ix)       News broadcasters must not broadcast any form of  ‘hate speech’ or other obnoxious content that may lead to incitement of violence or promote public unrest or disorder as election campaigning based on communal or caste factors is prohibited under Election laws. News broadcasters should strictly avoid reports which tend to promote feelings of enmity or hatred among people, on the ground of religion, race, caste, community, region or language.

(x)        News broadcasters are required to scrupulously maintain a distinction between news and paid content. All paid content should be clearly marked as “Paid Advertisement” or “Paid Content” : and paid content must be carried in compliance with the  “Norms & Guidelines on Paid News” dated 24.11.2011.

(xi)       Special care must be taken to report opinion polls accurately and fairly, by disclosing to viewers as to who commissioned, conducted and paid for the conduct of the opinion polls and the broadcast. If a news broadcaster carries the results of an opinion poll or other election projection, it must also explain the context, and the scope and limits of such polls with their limitations. Broadcast of opinion polls should be accompanied by information to assist viewers to understand the poll’s significance, such as the methodology used, the sample size, the margin of error, the fieldwork dates, and data used. Broadcasters should also disclose how vote shares are converted to seat shares.

(xii)      The Election Commission of India (ECI) will monitor the broadcasts made by news broadcasters from the time elections are announced until the conclusion and announcement of election results. Any violation by member broadcasters reported to the News Broadcasting Standards Authority (NBSA) by the Election Commission will be dealt with by the NBSA under its regulations.

(xiv)     Broadcasters should, to the extent possible, carry voter education programmes to effectively inform voters about the voting process, the importance of voting, including how, when and where to vote, to register to vote and the secrecy of the ballot.

(xv)      News broadcasters must not air any final, formal and definite results until such results are formally announced by the Returning Officer, unless such results are carried with clear disclaimer that they are unofficial or incomplete or partial results or projections which should not be taken as final results.

       The above guidelines should be duly observed for compliance by all concerned.


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General Election to Legislative Assembly of Bihar, 2015 –
Allotment of Broadcast / Telecast time to Political Parties – regarding 
A copy of the Order No.437/TA-LA2015/Communication, dated 18th   September, 2015 issued by the Commission regarding allotment of Broadcast/Telecast time to political parties in the General Election toLegislative Assemblies of Bihar, 2015 is enclosed for the information of the general public.


ELECTION COMMISSION OF INDIA
Nirvachan Sadan, Ashoka Road, New Delhi-110001

No. 437/TA-LA2015/Communication                   Dated:  18th September, 2015
ORDER

            At the time of General Elections to the Lok Sabha in 1998, a new initiative for State funding of recognized political parties through free use of the State owned Television and Radio was introduced under directions of the Commission vide its Order, dated 16th January, 1998. The said scheme was subsequently extended in all the General Elections to the State Assemblies held after 1998 and General Elections to the Lok Sabha in 1999, 2004, 2009 & 2014.       
With the amendments to the Representation of the People Act, 1951 vide "Election and Other Related Laws (Amendment) Act, 2003" and the rules notified there under, equitable time sharing for campaigning by recognized political parties on electronic media now has statutory basis. In exercise of the powers conferred by clause (a) of the Explanation below section 39A of the Representation of the People Act, 1951, the Central Govt. has notified all such broadcasting media which are owned or controlled or financed wholly or substantially by funds provided to them by the Central Government as the electronic media for the purposes of that section. Therefore, the Commission has decided to extend the said scheme of equitable time sharing on electronic media through Prasar Bharati Corporation to the ensuing General Elections to the Legislative Assembly of Bihar.
The facilities of use of broadcast time and telecast time will be available only to ‘National Parties’ and ‘Recognized State Party’ in respect of Bihar.
THE SALIENT FEATURES OF THE SCHEME ARE AS FOLLOWS:
1.                    The facilities will be available from the Regional Kendra of the All India Radio and Doordarshan and in the headquarters of Bihar and relayed by other stations within Bihar.

Time allotted for Telecast/Broadcast:

2.                    A base time of 45 minutes will be given to each National Party and Recognized State Party (recognized in respect of Bihar) uniformly on the Regional Kendras of Doordarshan network and All India Radio network in the State of Bihar.

3.                    The additional time to be allotted to the parties has been decided on the basis of the poll performance of the parties in the last assembly election from the State of Bihar.


4.                    In a single session of broadcast, no party will be allocated more than 15 minutes.

Date of Telecasts/Broadcasts:

5.                    The period of broadcast and telecast will be between the last date of filing the nominations and two days before the date of poll (in each phase) in the State of Bihar.

6.                    The Prasar Bharati Corporation in consultation with the Commission will decide the actual date and time for broadcast and telecast. This will be subject to the broad technical constraints governing the actual time of transmission available with the Doordarshan and All India Radio.
Submission of Transcripts in advance:
7.                    The guidelines prescribed by the Commission for telecast and broadcast will be strictly followed. The parties will be required to submit transcripts and recording in advance. The parties can get this recorded at their own cost in studios, which meet the technical standards prescribed by the Prasar Bharati Corporation or at the Doordarshan/All India Radio Kendra. They can, in the alternative, have these recorded in the studios of Doordarshan and All India Radio by advance requests. In such cases, the recordings may be done at the State Capital and at timings indicated by Doordarshan /All India Radio in advance.

Panel Discussions and Debate:

8.                    In addition to the broadcast by parties, the Prasar Bharati Corporation will organise a maximum of two panel discussions and/or debates on the Kendra/Station of Doordarshan/All India Radio. Each eligible party can nominate one representative to such a programme.

9.                    The Election Commission of India will approve the names of coordinators for such panel discussions and debates in consultation with the Prasar Bharati Corporation.

Guidelines for observance in Telecasts/Broadcasts :
10.       The telecasts/broadcasts on Doordarshan/AIR will not permit:
(a)        criticism of other countries;
(b)        attack on religions or communities;
(c)        anything obscene or defamatory;
(d)        incitement of violence;
(e)        anything amounting to contempt of court;
(f)         aspersion against the integrity of the President and Judiciary;
(g)        anything affecting the unity, sovereignty and integrity of the Nation;
(h)        any criticism by name of any person.

Time Vouchers for Parties:

11.              Time Vouchers will be available in the denomination of 5 minutes with one voucher having time allotment from 1 to 4 minutes and the parties will be free to combine them suitably. The allotment of time to different political parties is given in a statement enclosed herewith.


By order,


(Dhirendra Ojha)
Director



GENERAL ELECTION TO
THE STATE LEGISLATIVE ASSEMBLY OF BIHAR 2015
Time available to National Parties & State Parties on
Regional Kendras/State Capital Kendras of Doordarshan/All India Radio
Name of State/U.T.
Name of National/ State Party
Total time allotted in minutes for
No. of Time Vouchers issued for


Broadcast
Telecast
Broadcast
Telecast
Bihar

















TOTAL
BJP
137
137
27 (5 minutes each) + 1 (2 minutes)
27 (5 minutes each) + 1 (2 minutes)
BSP
63
63
12 (5 minutes each) + 1 (3 minutes)
12 (5 minutes each) + 1 (3 minutes)
CPI
55
55
11 (5 minutes each)
11 (5 minutes each)
CPI (M)
49
49
9 (5 minutes each) + 1 (4 minutes)
9 (5 minutes each) + 1 (4 minutes)
INC
92
92
18 (5 minutes each) + 1 (2 minutes)
18 (5 minutes each) + 1 (2 minutes)
NCP
55
55
11 (5 minutes each)
11 (5 minutes each)
JD(U)
171
171
34 (5 minutes each) + 1 (1 minute)
34 (5 minutes each) + 1 (1 minute)
LJP
83
83
16 (5 minutes each) + 1 (3 minutes)
16 (5 minutes each) + 1 (3 minutes)
RJD
150
150
30 (5 minutes each)
30 (5 minutes each)
RLSP
45
45
9 (5 minutes each)
9 (5 minutes each)

900
900
            

LIST OF POLITICAL PARTIES

Sl.No.
Abbreviation
Status
Name of Party
1
BJP
National Party
Bharatiya Janata Party
2
BSP
National Party
Bahujan Samaj Party
3
CPI
National Party
Communist Party of India
4
CPI (M)
National Party
Communist Party of India (Marxist)
5
INC
National Party
Indian National Congress
6
NCP
National Party
Nationalist Congress Party
7
JD(U)
State Party
Janata Dal (United)
8
LJP
State Party
Lok Jan Shakti Party
9
RJD
State Party
Rashtriya Janata Dal
10
RLSP
State Party
Rashtriya Lok Samta Party



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