Indian Electoral Legislation

Compendium of Instructions on Conduct of Elections

 

ITEM NO. 185

 

Election Commission’s order 491/96/MCS dated the 27 March, 1996 addressed to Chief Secretary/CEOs of all States/UTs, Principal Information Officer, M/o I&B. New Delhi, The Secretary General, Lok Sabha, New Delhi , The Secretary General Rajya Sabha, New Delhi. The Secretary to the Govt. of India, Ministry of Information & Broadcasting, New Delhi , The Secretary to the Govt. of India, Ministry of Home Affairs, New Delhi, The Secretary to the Govt. of India ,Ministry of Law, Justice & Company Affairs, Legislative Department, New Delhi, and Secretaries, Information & Public Relations of all State/Union Territory Governments and Directors of Information & Public Relations all State/Union Territory Governments.

 

ORDER

 

Subject: Facilities to be provided to media persons for coverage of process of election

 

In partial modification of commission’s order of even no. dated 14.12.94 the following order is issued.

 

I. Elections are an important event of mass participation in public affairs and the Election

Commission attaches the greatest importance to the Conduct of elections with as much transparency as practicable. The following guidelines for media coverage of elections have been framed to make this possible and to provide every reasonable facility to the media to provide adequate and effective coverage of the election process however without impinging adversely on the rules for the elections and the rights of the electorate.

 

Issue of Authority Letters

1. Rule 32 of the Conduct of Election Rules, 1961, which regulates the entry into polling stations is reproduced below for facility of ready reference:-

.32. Admission to polling stations - The Presiding Officer shall regulate the number of electors, to be admitted at any one time inside the polling station and shall exclude there from all persons other than:

(a) Polling officers;

(b) Public Servants on duty in connection with election;

(c) Persons authorized by the Election Commission;

(d) Candidates, their election agents and subject to the provisions of rule 13, one polling

agent of each candidate;

(e) A child in arms accompanying an elector.

(f) A persons accompanying a blind or infirm elector who cannot move without help; and

(g) Such other persons as the Returning Officer or the Presiding Officer may employ under Sub-rule (2) of Rule 34 of Sub-Rule 35..

 

 

 

2. Entry to any place fixed for counting of votes is governed by the provisions of rule 53(1) of the Conduct of Elections Rules, 1961, which is reproduced below:

 

.53. Admission to the place fixed for counting - The Returning Officer shall exclude from the place fixed for counting of votes all persons except:-

(a) Such persons (to be known as counting Supervisors and counting assistants) as he may appoint to assist him in the counting;

(b) persons authorized by the Election Commission;

(c) Public servants on duty in connection with the election; and

(d) candidates, their election agents and counting agents.

3. above rules apply to elections to the

(1) Council of State,

(2) House of the People,

(3) State Legislative Councils and

(4) State Legislative Assemblies.

 

4. In the case of Presidential and Vice-Presidential Elections, the corresponding rules are rule 13 and rule 28 of the .Presidential and Vice-Presidential Elections Rules, 1974. which are reproduced below:-

.13. Admission to place of polling - The Presiding Officer shall exclude, from the place of polling all persons except:

(a) the polling officers and other public servants on duty;

(b) the candidates, and one representative authorized in writing by each candidate;

(c) the electors;

(d) persons authorized by the Election Commission;

(e) such other persons as the Presiding Officer may from time to time admit for the purpose

of assisting him in taking the poll..

 

.28. Admission to the place fixed for counting.

The Returning Officer shall exclude from the place fixed for counting of notes every single persons except.

(a) such persons as he my appoint to assist him in the counting;

(b) the candidates and one representative at a time authorized in writing by each candidate;

(c) public servants on duty in connection with the election; and

(d) persons authorized by the Election Commission..

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5. Subject to the powers of the authorities competent to impose any restriction in pursuit of the maintenance of law and order, the permission of the Election Commission is not needed by any person, including media persons, for visiting and moving around in any constituency where election is being held and every person is free to observe the elections. Entry into the polling stations and counting centers is however fully regulated by the statutory provisions mentioned above.

6. No one can enter into any polling station or a counting centre as a matter of right except to the extent mentioned in the above quoted rules.

 

7. In addition to the persons directly connected with poll and counting, such persons as are specifically authorized by the Election Commission can alone enter the polling stations and counting centers. The exclusive power of the Election Commission to issue entry passes to persons including media persons, also includes the power to refuse an entry pass to any person if in the Commission’s opinion, there are sufficient reasons to do so.

 

8. The subject of laying down standard guidelines for the facilities to be made available to media persons interested in covering the process of an election conducted under superintendence, direction and control of the Commission, has been engaging the attention of the Commission. The Commission has reviewed past experience in this regard and the requirement to address the concerns of the media for being able to cover the election process.

 

9. After a careful consideration of all relevant factors and in suppression of all earlier instructions in this regard, the following guidelines are laid down to be strictly and uniformly observed hereafter at all elections to the council of State, House of the People, State Legislative Assemblies and State Legislative Councils.

 

10. As soon as practicable, after the announcement of general elections/bye-elections/

biennial elections, the Commission will issue a letter or message to the Sponsoring Authorities which will include (1) Principal Information Officer for media persons accredited by PIB at national level and (2) the Director Information and Public relations (or equivalent officer) of the respective states including the National Capital Territory of Delhi and to the Chief Electoral Officers of the State/Union Territories concerned for obtaining and forwarding, with specific recommendations, requests received from media persons for issue of Authority Letters for entry into polling stations and counting centers within a specified time limit.

 

The sponsoring authorities will sponsor only names of those media persons, about whose identity as a genuine media person they are satisfied. The total number of media persons recommended for issue of authority letters will be within reasonable numbers.

 

10.1 The Commission will prescribe in the case of each election a deadline for the receipt in the Commission’s office of the duly sponsored requests for authority letters from the sponsoring authorities/CEOs which will be fixed after taking into account the date of poll/counting with a view to timely decision on such requests to reach the PIO and CEOs for preparation and dispatch of authority letters to the media persons. The deadline to receive the dully sponsored requests shall not be later than 15 days prior to the date of poll.

 

 

 

10.2 It will be for the sponsoring authorities/CEOs to inform all media persons about the deadline fixed by the Commission in each case and to ensure that their recommendations reach the Commission within the deadline. Any request received after the deadline will be considered only in the exceptional cases of acts of God, death or illness etc. on the recommendation of the sponsoring authority concerned who should be personally satisfied about the genuineness and difficulty and set out to the Commission before making such recommendations. Such recommendations should be given only in exceptional cases.

 

10.3 In respect of media persons in Delhi, for those accredited to the PIB, written requests for authority letters should be sponsored by the Principal Information Officer and a consolidated list sent by the Principal Information Officer to the Commission directly and within the stipulated time limit referred to in para 10.2. For other media persons at Delhi accredited by the State Doctorate of Information & Public Relations but not accredited by PIB, similar recommendations will be made by the said Director to the Commission within the stipulated date, in consultation with CEO Delhi.

10.4 In the case of media persons outside Delhi, their requests should be duly scrutinized and sponsored by the Directorate of Information and Public Relations or equivalent (by whatever name known in a State/Union Territory) and should be forwarded to the Chief Electoral Officer who after such consultation with the State Directors, I&PR concerned as may be needed forward consolidated list to the Election Commission within the stipulated time referred to in Para 10.2.

 

10.5 In addition to accredited correspondents other genuine media persons can also be sponsored for issue of authority letters. It is up to the PIO and concerned state departments of I&PR to scrutinize and sponsor names of such media persons and to lay down appropriate policies including providing temporary or casual accreditation, even for the limited period of the covering the election process. Election Commission will, however consider only such cases as are duly recommended by the concerned sponsoring authority.

 

10.6 No piece-meal requests from the sponsoring authorities/Chief Electoral Officers will be entertained.

 

10.7 Each applicants should give full particulars including his name, designation, news agency/ newspapers/periodical/electronic media channel which the applicant represents and the name(s) of the State/constituency (ies) he wants to cover. There will be no restriction on the number of constituencies which an applicant may like to cover. For electronic media team with more than one person each individual member will need a separate authority letter.

 

10.8 Under no circumstances will any omnibus authority letter be issued by the Commission. The sponsoring authority and the Chief Electoral Officers/ State Information Departments should meticulously screen all the requests received and their recommendations should be within reasonable numbers keeping in mind all relevant factors.

10.9 The Commission will normally not entertain any requests directly from any person agency for media/news coverage.

 

11. It is for the sponsoring authority/Chief Electoral Officers through the State Information Departments, to give wide publicity in the procedure to be followed for obtaining authority letters and ensuring that the recommendations are sent to the Commission well in time.

 

12. Machine numbered/security printed authority letters as per requirement of each State and Union Territory will be sent to the Chief Electoral Officer concerned in advance, after noting down the serial numbers thereof in a register. Press Information Officer and Chief Electoral Officer of concerned State in consultation with State Directorate of Information and Public Relations will sponsor names of media persons for issue of authority letters to the Commission within the deadline prescribed. Specific written approval of the Election Commission to the list of persons to whom the authority letters are to be issued shall be intimated to the Chief Electoral Officer of the State/ Union Territory concerned with the direction that he should fill up particulars in the authority letter. The Chief Electoral Officer will be authorized to sign the authority letters on behalf of the Commission. They will sign each such authority letters in their own hand (no facsimile or rubber stamps shall be used) as per the approved list and hand over the same to the person concerned.

They shall also maintain a list in a register in which they should note down the particular of the person and the serial numbers of the authority letter issued. The names on the approved list are not, repeat not, locally transferable to another person.

 

12.1 The Returning Officer, the Presiding Officers and any other election related officials have absolute right and responsibility to keep persons without such authority letters away from the place of polling/ counting.

 

13. Authority letters issued will be subject to the conditions imposed by the Commission as are mentioned on the authority letters. Any violation of such condition will automatically invalidate the authority letter.

 

14. As for coverage of actual polling inside the polling stations media persons with authority letters can be allowed enter inside the polling station by the Presiding Officers after verification of such authority letters. However, they will be allowed inside in very small numbers in batches and the actual numbers will be determined taking into account the size of the room and the space available, the number of electors waiting to cast their votes and other relevant factors. The Presiding Officer will have full discretion regarding the entry of the media persons inside the polling booth taking into account the situation obtaining at the relevant time and all other relevant factors as he alone will be to do so on the spot. While allowing such media persons inside the polling station the Presiding Officer may also further regulate the actual coverage by indicating a definite position beyond which they should not proceed. It is expected that in polling stations which are likely to attract large media attention, appropriate additional arrangements for security and law and order arrangements would be made by the concerned State/Union Territory Government. Entry inside the polling station and coverage of the events even in small numbers in batches would be regulated in such a manner that under no circumstances is the secrecy of the ballot of any voter violated even by accident. The Presiding Officer will also be free to use regulatory measures as he may feel necessary in this regard taking into account the situation at hand. It is expected that all media persons will extend necessary co-operation in this regard and under no circumstances, the process of polling will be allowed to be disturbed because of the large number of media persons present at a given time in a single booth. This will be ensured by each Presiding Officer in a suitable manner. In short, for coverage of actual polling inside the polling station, the entry of media person inside the polling booth in manageable groups will be permitted by the Presiding Officer on the basis of authority letters issued by the Election Commission, subject to restriction that media persons will not be allowed to go near voting compartments to take photographs/ films so that the secrecy of the vote is not violated.

 

15. In relation to elections to the office of PRESIDENT or VICE-PRESIDENT of INDIA, requests for entry into the place of polling/counting in NEW DELHI will be sponsored by the Returning Officer for the election and no one else.

 

16. For entry into other places of polling at the State headquarters for Presidential Election, the requests will be forwarded to the Commission by the Assistant Returning Officers appointed for the purpose in the State concerned and no one else.

 

17. The instructions given in paragraph 10 above will be applicable mutatis mutandis to the Returning Officers, Assistant Returning Officers in the states concerned in the matter of sponsoring requests of entry passes for Presidential and Vice-Presidential Elections.

 

18. Representatives of the government owned media like Akashvani and Doordarshan and

the officials of the Ministry of Information and Broadcasting, Press Information Bureau, Public Relations Departments, Directorates of Information, field publicity units etc., either of the central or any state governments are not entitled to any special facilities or preferential treatment whatsoever in the matter of entry into a place of polling or a place for counting. They are totally on par with other media persons and can be allowed entry only if they are in possession of a valid authority letter issued by the Commission. The same restrictions will apply to all foreign media/ journalists also. No one can be given any special facilities of access etc. Any Chief Electoral Officer, or any one else who gives or permits extra facilities in violation of the directions of the Commission to central government or state government media or to foreign press and media or members of any state department connected with information and publicity by whatever name known, will do so at his own risk and will face the consequences thereof.

 

19. Whenever any poll or counting takes place in the premises of Parliament or of a state

Legislature, such a place of poll or counting is fully under the control of the Election Commission. Entry into any such place of poll or counting of any media person shall be allowed only on the basis of valid entry passes issued by the Commission alone and not by any other authority. Entry passes issued by any other authority to any media persons for covering Parliamentary/Assembly proceedings do not entitle them to enter the place of poll/place of counting during an election. In this connection, attention is drawn to the decision of the Supreme Court in Pashupati Nath Sukul Vs. Nemchandra Jain and others (74ELR-83) wherein the Supreme Court clearly held that all the steps taken in the course of an election to the Council Of States in which elected members of state legislative assembly participate fall outside the proceedings that take place at the meeting of the house. The same is true in the case of Presidential/Vice-Presidential elections in which the members of Parliament and state legislative Assemblies participate.

 

20. These will be brought to the notice of all the concerned. Any violation will attract severe disciplinary action.

 

21. The Returning Officer will at the time of counting announce the round-wise results through the public address system with sound boxes fixed outside the counting hall and also do so after completion of each round of counting. Limited coverage of short duration by manageable audio visual groups can be allowed and the groups, may be conducted by the official designated for this purpose by the officers in charge of counting. In so far as the trend of counting is concerned, existing instructions will continue. In so far as the transmission of the messages detailed result messages from the Returning Officers after the declaration of the result of in a prescribed format may be reiterated and a copy of the message may be endorsed to All India Radio/Press Information Bureau/Doordarshan.

 

22. The holders of the authority letters, while covering the counting process, can and should be allowed to come out of the counting hall(s) if they so desire, during the counting. They should also be allowed to re-enter on the basis of the very same authority letters. All entry at all times however, is subject to the over-all requirement of maintenance of law and order, proper decorum and the conduct of peaceful counting.

 

23. Likewise, in the case of such holders of authority letters for their entry into the polling stations on the date(s) of poll, entry and re-entry into the polling stations during the process of poll, on the basis of such authority letters shall be allowed as in the case of entry in connection with the counting process. This will again be subject to the over-all requirements of maintenance of law and order and proper decorum in the conduct of peaceful polling.

 

24. The media centers should have required infrastructural facilities like telephones with ISD/ STD, Fax machines, necessary furniture, Teleprinters, etc. These may be provided by the concerned State/Union Territory Governments who shall be free to decide the charges, if any, are to be levied for various facilities.

 

25. No special arrangements can be made to answer queries telephonically.

 

26. The arrangements indicated in the preceding paragraphs will also be applicable mutatis mutandis to representatives of private electronic media. They will also be required to obtain authority letters and their cases will be sponsored by the sponsoring authority namely the PIO or the State Director Information and Publicity concerned as the cases may be.

 

27. In exceptional case, the Principal Information Officer may recommend the cases of senior correspondents of print and electronic medias of national and international standing to cover more than one state. Media Centers

 

28. Media centers will be set up in the office Campus of the Chief Electoral Officer, and the District Election Officers, specially for the purpose of disseminating election related information. Officers of the level of District Information Officer will be put incharge of Media centres and their contact address & telephone numbers will be circulated in advance. These centres will commence functioning from the date of notification of election and will remain open during office hours up to the end of the period of electioneering and thereafter round the clock up to the end of the process of election. The media should have reasonable communication facilities like telephones, ISD\STD etc. fax machines, necessary furniture, teleprinters, etc. Subject to availability and on payment of full charges these facilities can also be provided by the District Election Officer. Each State/Union Territory Government shall be free to decide the charges to be levied for various facilities.

 

29. Copies of statistical reports and documents of previous elections will be made available in these media centres for the purpose of reference to the extent feasible.

30. One such media centre will be set up in the premises of the Election Commission also during every election.

 

31. An officer not below the rank of roughly a Deputy Collector/District Information Officer duly assisted by staff will be specifically made responsible for management of the media centre at the District.

 

32. The Chief Electoral Officers and the District Election Officers concerned shall issue daily press notes containing comprehensive statistical and all other information as pertains to their jurisdiction and whose publication in their view is not prejudicial to the conduct of peaceful free and fair elections or is not otherwise specifically prohibited for publication, commencing with the announcement of election up to the completion of the process of election.

 

33. District Magistrates and District Superintendents of Police shall jointly hold press briefings at least five times during the process of election in the districts in which an election is held. Comprehensive press handouts shall be distributed among the media persons at these briefings. Subject to the requirements of law and order, confidentiality, and peaceful free and fair poll, the subjects to be compulsorily included in the press handouts and in the briefings at these press meets, and their timings shall be as follows: