Schedule for General Election to the Legislative Assembly of Bihar State – Regarding.
Schedule for General Election to the Legislative Assembly
of Bihar State – Regarding.
The terms of the Legislative Assembly of Bihar is normally due to expire on
29.11.2015.
By
virtue of its powers, duties and functions under Article 324 read with Article
172(1) of the Constitution of India and Section 15 of Representation of the
People Act, 1951, the Commission is required to hold elections to constitute
the new Legislative Assembly in the State of Bihar before expiry of its present
term.
(1) Assembly
Constituencies
The
total number of Assembly Constituencies in the States of Bihar and seats
reserved for the Scheduled Castes and the Scheduled Tribes, as determined by
the Delimitation Commission under the Delimitation Act, 2002, are as under: -
|
States
|
Total No. of Assembly Constituencies
|
Reserved for SCs
|
Reserved for STs
|
|
Bihar
|
243
|
38
|
2
|
(2) Electoral
Rolls
The Electoral Rolls of all existing Assembly Constituencies in the State of
Bihar on the basis of the electoral rolls revised with reference to 1.1.2015 as
the qualifying date have been finally published on 01.11.2015. The number of
electors in the State, as on 07.09.2015 is as under:
|
States
|
Total No. of Electors
|
|
Bihar
|
66826658
|
(3) Photo Electoral Rolls
Photo electoral rolls will be used during the
forthcoming general elections and photo percentages in Photo Electoral Rolls of
these States are as follows:-
|
States
|
Percentage of Photo Electoral Rolls
|
|
Bihar
|
99.98
|
(4) Electors Photo Identity Cards
(EPIC)
Identification of the voters at the polling booth
at the time of poll shall be mandatory. Electors who have been provided with
EPIC shall be identified through EPIC. Presently, the EPIC coverage in the
State is as under:-
|
States
|
Percentage of EPIC
|
|
Bihar
|
100
|
All the residual electors are advised to obtain their Elector Photo Identity
Cards from the Electoral Registration Officers of their Assembly Constituencies
urgently.
In order to ensure that no voter is deprived of his/her franchise, if his/her
name figures in the Electoral Rolls, separate instructions will be issued to
allow additional documents for identification of voters, if needed.
(5) Polling Stations
Polling Stations in the poll going States as on the date of final publication
of electoral rolls are as follows:
|
States
|
No. of Polling Stations
|
|
Bihar
|
62779
|
For the facility of physically challenged persons, instructions have been
issued to ensure that all polling stations as far as practicable, are located
at ground floor and ramps are provided. Facilitation shall also be provided for
locating electors’ names in a polling station or a group of polling stations
through help lines and facilitation centers.
(6) Basic
Minimum Facilities (BMF) at Polling Stations
The Commission has issued instructions to the Chief Electoral
Officer of all
States to ensure that every
Polling Station is equipped with Basic Minimum Facilities (BMF) like drinking
water, shed, toilet, ramp for the physically challenged voters and a standard
voting compartment etc.
(7) Polling Parties and
Randomization
Polling parties shall be formed randomly, through special application software.
Three-stage randomization will be adopted. First, from a wider district
database of eligible officials, a shortlist of a minimum 120% of the required
numbers will be randomly picked up. This group will be trained for polling
duties. In the second stage, from this trained manpower, actual polling parties
as required shall be formed by random selection software in the presence of General
Observers. In the third randomization, the polling stations will be allocated
randomly just before the polling party’s departure. There shall be
randomization for such Police Constables and Home guards also, who are deployed
at the polling stations on the poll day.
(8) Electronic Voting Machines
(EVMs)
The
poll in these States will be conducted at all polling stations using EVMs. The
Commission has already made arrangements to ensure availability of adequate
number of EVMs for the smooth conduct of elections. The Commission has issued a
new set of instructions with regard to the First Level Check of EVMs, that will
be used in the poll in these States. The First Level Check of EVMs, has been
done in the presence of representatives of political parties. A two-stage
randomization of EVMs will be made. In the first stage, all the EVMs stored in
the district storage centre will be randomized by the District Election Officer
(DEO) in the presence of the representatives of the recognized political
parties for allocation assembly constituency-wise. EVMs will be prepared and
set for elections after finalization of the contesting candidates. At this
stage also, candidates or their agents/representatives will be allowed to check
and satisfy themselves in every manner about the functionality of the EVMs.
After the EVMs in a constituency are prepared for the poll by the Returning
Officer and the ballot units are fitted with ballot papers, then the EVMs will
again be randomized to decide the actual polling stations in which they will be
ultimately used. The Second Stage randomization will be done in the presence of
Observers, Candidates or their Election Agents.
(9) VVPAT ( Voter Verifiable Paper
Audit Trail)
VVPAT will be used in 36 ACs spread over 34
districts.
(10) Photographs of Candidates on
Ballot Paper
Photographs of candidate will
be displayed on Ballot Paper to be fixed on Ballot Unit along with symbol of
respective candidates.
(11) None of the Above (NOTA) Option
in EVMs
In its judgment dated 27th September,
2013 in Writ Petition (C) No. 161 of 2004, the Supreme Court has directed that
there should be a “None of the Above” (NOTA) option on the ballot papers and
EVMs. The Court has directed that the Commission should implement it
‘either in a phased manner or at a time with the assistance of Government of
India’.
On the Balloting Unit, below
the name of the last candidate, there will now be a button for NOTA option so
that electors who do not want to vote for any of the candidates can exercise
their option by pressing the button against NOTA.
The Commission is taking steps
to bring this to the knowledge of voters and all other stakeholders and to
train all field level officials including the polling personnel about the NOTA
option.
(12) Affidavits of candidates – all
columns to be filled in
In pursuance of the judgment
dated 13th September,
2013 passed by the Supreme Court in Writ Petition (C) No. 121 of 2008, which
among other things makes it obligatory for the Returning Officer “to check
whether the information required is fully furnished at the time of filing of
affidavit with the nomination paper”, the Commission has issued instructions
that in the affidavit to be filed along with the nomination paper, candidates
are required to fill up all columns. If any column in the affidavit is
left blank, the Returning Officer will issue a notice to the candidate to file
the affidavit with all columns filled in. After such notice, if a
candidate fails to file affidavit complete in all respect, the nomination paper
will be liable to be rejected at the time of scrutiny. The Chief
Electoral Officer has been directed to brief all Returning Officers about the
judgment of the Supreme Court and the Commission’s instructions.
(13) Communication plan
The Commission attaches great
importance to preparation and implementation of a perfect communication plan at
the district/constituency level for the smooth conduct of elections and to
enable concurrent intervention and mid course correction on the poll day.
For the said purpose, the Commission has directed the Chief Electoral Officer
of Bihar state to coordinate with the officers of Telecommunication Department
in the State headquarters, BSNL/MTNL authorities, the representatives of other
leading service providers in the State so that network status in the States is
assessed and communication shadow areas be identified. The CEO has also
been advised to ensure best communication plan in the State.
(14) Videography
All critical events will be video-graphed. District Election Officers will
arrange sufficient number of video and digital cameras and camera teams for the
purpose. The events for videography will include filing of nominations,
scrutiny thereof and allotment of symbols, First Level Checking, preparations
and storage of Electronic Voting Machines, important public meetings,
processions etc. during campaign, process of dispatching of postal ballot
papers, polling process in identified vulnerable polling stations, storage of
polled EVMs, counting of votes etc. Webcasting, Videography and Digital cameras
will also be deployed inside polling booths wherever needed. CDs of video
recordings will be available on payment to anyone who wishes to obtain a copy
of the same.
(15) Law and Order and Deployment of
Forces
Conduct of elections involves
elaborate security management. It includes ensuring the security of polling
personnel, security at the polling stations, security of polling materials and
also the overall security of the election process. Central Armed Police Forces
(CAPFs) are deployed for area domination prior to poll in order to build
confidence in the minds of voters specially vulnerable voters viz. weaker
section, minorities etc. Keeping all this in mind, the very designing of the
poll schedule, and sequencing of multi-phase elections and choice of
constituencies for each phase had to follow the logic of force availability and
force management.
The Commission has taken
various measures to ensure free and fair elections by creating an atmosphere in
which each elector is able to access the polling station without being
obstructed or being unduly influenced/intimidated by anybody.
Based on the assessment of the
ground situation, Central Armed Police Forces (CAPF) and State Armed Police
(SAP) drawn from other States will be deployed during these elections. The CAPF
and SAP will be used generally for safeguarding the polling stations and for
providing security to the electors and polling personnel at the polling
stations on the poll day. Besides, these forces will be used for securing the
strong rooms where the EVMs are stored and for securing the counting centers
and for other purposes, as required.
The Commission has been issuing instructions from time to time with regard to
the advance preventive measures to be taken by the District Magistrates and
Police authorities to maintain the Law & Order and to create atmosphere conducive
for the conduct of free and fair elections. The Commission will be constantly
monitoring the ground situation closely and will take appropriate measures to
ensure peaceful, free and fair polls in these States.
(16) Protection to SC/ST Electors
As per Section 3 (1) (vii) of Scheduled Castes and Scheduled Tribes (Prevention
of Atrocities) Act, 1989, whoever, not being a member of a Scheduled Caste or
Scheduled Tribe, forces or intimidates a member of a Scheduled Caste or a
Scheduled Tribe not to vote or to vote for a particular candidate or to vote in
a manner other than that provided by law shall be punishable with imprisonment
for a term which shall not be less than six months but which may extend to five
years and with fine. The Commission has asked the State Governments to bring
these provisions to the notice of all concerned for prompt action.
(17) General Observers
The Commission will deploy General Observers in adequate number to ensure
smooth conduct of elections. The Observers will be asked to keep a close watch
on every stage of the electoral process to ensure free and fair elections.
Their names, addresses within the district/constituency and their telephone
numbers will be publicized in local newspapers so that the general public can
quickly approach them for any grievance redressal. The Observers will be given
a detailed briefing by the Commission before their deployment. Commission may
also deploy Police Observers to keep a close watch on law & order situation.
(18) Election Expenditure Monitoring
Comprehensive instructions for the purpose of effective monitoring of the
election expenditure of the candidates have been issued, which include
formation of flying squads, static surveillance Teams, video surveillance
Teams, involvement of Investigation Directorates of Income Tax Deptt. etc.
State Excise Departments and police authorities have been asked to monitor
production, distribution, sale and storage of liquor and other intoxicants during
the election process.
For greater transparency and
for ease of monitoring of Election Expenses, Candidates would be required to
open a separate bank account and incur their election expenses from that very
account. The Investigation Directorate of Income Tax Dept. has been asked to
open Air Intelligence unit in the airports of these states and also to gather
intelligence and take necessary action against movement of large sum of money
in these states.
Expenditure Observers and
Assistant Exp. Observers from Central Government are being appointed to keep
close watch on election expenditure of the candidates. Control room and
Complaint Monitoring Centre with 24 hours toll free numbers shall be operative
during the entire election process. Banks and financial intelligence units of
Government of India have been asked to forward suspicious cash withdrawal
reports to the election officials.
All candidates must ensure that they file their affidavits in the revised
format (Form 26) only. The revised format is available on the ECI website and
in Returning Officer’s handbook.
(19) Paid News
To deal with the issue of ‘Paid
News’, a mechanism has been laid out with three tier of Media certification and
Monitoring Committees (MCMC) at District, State and ECI level. Revised
comprehensive instruction on ‘Paid News’ are available on the Commission’s
Website.
Necessary instructions have
been issued to the CEO of Bihar state to ensure briefing of political parties
and Media in the districts about ‘Paid News’ and the mechanism to check ‘Paid
News’. The MCMCs of all states have been trained to do their job.
(20) Police Observers
The Commission may deploy IPS
officers as Police Observers in district level, in the poll going States
depending upon the need and sensitivity. They will monitor all activities
relating to force deployment, law and order situation and co-ordinate between civil
and Police administration to ensure free and fair election.
(21) Micro Observers
In addition to General Observers, the Commission will also deploy Micro
Observers to observe the poll proceedings in the polling stations on the poll
day in selected critical polling stations. They will be chosen from Central
Government/Central PSUs officials. Micro-Observers will observe the proceedings
at the polling stations on the poll day right from the mock poll to the
completion of poll and the process of sealing of EVMs and other documents to
ensure that all instructions of the Commission are complied with by the Polling
Parties and the Polling Agents. They will report to the General Observers
directly about any vitiation of the poll proceedings in their allotted polling
stations.
(22) Systematic Voters’ Education
and Electoral Participation (SVEEP)
Comprehensive measures for voters’ education were taken up during
the Special Roll Revision process in the state. These measures will continue
and will be further augmented during the electoral process.
10% of the lowest turnout
Polling Stations in each district have been identified and possible reasons for
the lower turnout analysed. KABBP (Knowledge, attitude, Behaviour, Belief and
Practices) survey has also been undertaken by the Chief Electoral Officer and
interventions based on the findings have been taken up.
Chief Electoral Officer of the
state has been directed to ensure wide dissemination of election related
information as well as adequate facilitation measures for ensuing wider
participation of people in polling. A Model polling station will be set up in
each of the 243 Assembly Constituencies. Voter helplines, Voters’ Facilitation
Centres, web and SMS based search facilities are active for assistance of
voters. Reminder services on poll days have been meticulously planned. There
are special facilities in place for persons with disability.
Awareness
Observers from Central Government are being appointed to observe the SVEEP
programme carried out during the election period for ensuring that information
reaches the grassroot.
(23) Conduct of Officials
The Commission expects all officials engaged in the conduct of elections to
discharge their duties in an impartial manner without any fear or favour. They
are deemed to be on deputation to the Commission and shall be subject to its
control, supervision and discipline. The conduct of all Government officials
who have been entrusted with election related responsibilities and duties would
remain under constant scrutiny of the Commission and strict action shall be
taken against those officials who are found wanting on any account.
The Commission has already
given instructions that no election related official or Police officer of the
rank of Inspector and above shall be allowed to continue in his home district.
Besides, instructions have also been issued that election related officials
including police officials of Inspector level & above who have completed
three years in a district during last four years should be transferred out of
that district. Police officers of the rank of Sub Inspectors who have completed
three years in a Sub Division/Assembly Constituency or are posted in their home
sub division/assembly constituency shall be transferred out of that Sub
Division and the Assembly Constituency.
The Commission has also
instructed the State Government not to associate any officer with the electoral
process against whom charges have been framed in a court of law in any case.
(24) District Election Plan
The District Election Officers have been asked to prepare a comprehensive
district election plan in consultation with SPs and Sector Officers including
the route plan and communication plan for conduct of elections. These plans
will be vetted by the Observers taking into account vulnerability mapping
exercise and mapping of critical polling station in accordance with Election
Commission of India’s extant instructions.
(25) Model Code of Conduct
The Model Code of Conduct comes into effect immediately from now onwards. All
the provisions of the Model Code will apply to the whole of Bihar State and
will be applicable to all candidates, political parties, the State Government
of Bihar. The Model Code of Conduct shall be applicable to the Union Govt. for
the State.
The Commission has made elaborate arrangements for ensuring the effective
implementation of the MCC Guidelines Any violations of these Guidelines would
be strictly dealt with and the Commission re-emphasizes that the instructions
issued in this regard from time to time should be read and understood by all
Political Parties, contesting candidates and their agents/representatives, to
avoid any misgivings or lack of information or understanding/interpretation.
(26) Photo Voter Slips
To facilitate the voters to know where he/she is enrolled as a voter at a
particular polling station and what is his/her serial number in the Electoral
roll, the Commission has directed that voter slip along with Photo (wherever
present in the roll) will be distributed to all enrolled voters by the District
Election Officer. It has also been directed that the said voter slip should be
in the languages in which electoral roll is published for that Assembly
Constituency.
(27) Complaint
redressal mechanism – Call Center and Website based
Bihar State shall have a complaint redressal mechanism based on website and
call center. The number of call center is 1950, which is a toll free number.
The URL of the complaint registration website will be announced for the State
by the Chief Electoral Officer separately. Complaints can be registered by
making calls to the toll free call center numbers or on the web site. Action
will be taken within time limit on all complaints. Complainants will also be
informed of the action taken by SMS and by the call center. Complainants can
also see the details of the action taken on their complaints on the website.
(28) Schedules of
Election
The
Commission has prepared the Schedules for holding General Elections to the
Legislative Assembly of Bihar after taking into consideration all relevant
aspects, like the Climatic conditions, Academic Calendars, Festivals,
prevailing law and order situation in the States, availability of Central
Police Forces, time needed for movement, transportation and timely deployment
of forces, and assessment of other ground realities.
The
Commission after considering all relevant aspects has decided to recommend to
the Governor of the State, to issue notifications for the General Elections to
the Legislative Assembly of the state of Bihar under the relevant provisions of
the Representation of the People Act, 1951. The Election Schedule for general
election to the Legislative Assembly of Bihar is appended at Annexure ‘1’.
see Annexure. :
Election Commission of India
New Delhi : 09th September, 2015
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