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ANDHRA PRADESH Nd Floor, Sth Building, A.P -,F** r rupathi(sc) Pc CE OF THE CHIEF ELECTORAL OFFICER tstl t g $NR ANDHRA PRADESH nd Floor, Sth Building, A.P. Secretariat, Vetagapudi-522238 -12 Dqted:19.03.2021 Sub: Elections - Bye-elections to 23-Tirupathi (SC) Parliamentary Constituency - Scheduted to be held on 17m April, 2021 (Saturday) - lnstructions on defacement of property and use of Loud Speakers - Ban on display of any election/political related adveilisements on the Government owned vehicles- Reg. Ref: 1. From the ECI Letter No.3/7/2008/JS-ll, Dt.07.'10.2008. 2. From the ECI Lr.No.437/6/lNSTl201Z,CC&BE, Dt.18.01 .2012. 3. From the ECI Lr.No.464IKT-LAJ2013, D1.02.05.2013. 4. From the ECI Lr.No.3/7/2014/SDR, Dt,11 .03.2014. 5. From the ECl, Lr. No.3Il/2014/SDR, dated 26.09.2014 6, From the ECI Lr.No.437/6/INST/201 5-CCS, daled 29.12.201 5. 7. From the ECI Lr.No.437/6/Campaign/ECl/lNS/FUNCT/MCC-2016, Dt.04.01.2017 8. This Office Memo No.767/Elec . N A1 nA21 - 1, dt.16.3.2021 . w --o0o* Copies of the reference 1ut to 7rh cited, together with their enclosures, are sent herewith, The Collectors & District Election Officers, Nellore & Chittoor districts, the $uperintendents of Police, Nellore & Chittoor districts and the Managing Director, Andhra Pradesh State Road Transport Corporation, Vijayawada are informed that the Election Commission of lndia, vide its Press Note Brh cited has issued the schedule for conduct of Bye-Election to 23-Tirupathi (SC) Parliamentary Constituency to be held on 17th April, 2021. As per the directions of the Commission, the Model Code of Conduct has come into force in Nellore and Chittoor disiricts from 16.3,2021. Accordingly, the defacement of property and use of other campaign material and display of any election/political related advertisernents on the Government owned vehicles / public and private places, including on the building/civil structures owned by Public Seclor Undertakings (PSUs) shall be restricted in lheir respective districts as per the instructions of the Commission, vide references 1ur to 7h cited. 2. The Collectors & District Election Officers, Nellore and Chittoor districts, the Superintendents of Police, Nellore and Chittoor districts and the Managing Director, Andhra Pradesh State Road Transport Corporation, Vijayawada are therefore requested to follow the said inslructions of the Commission scrupulously in prevention of defacement of propefty and use of other election material viz., wall writings, pasting of posiers/papers, erecting of cutouts/hoardings/banners or defacement in any other form at public places including Fair Price Shops etc., use of loud speakers on vehicles and use of any other type of campaign related items during the election period in the area of 23-Tirupathi (SC) Parliamentary Constituency and instructions of ECI regarding display of any electiorr/political related advertisements on the Government owned vehicles, without any diserinrination whatsoever against any party or candidate or any ca$e of monopolization by any partyicandidate. -2- 3. The Collectors & District Election Officers, Nellore and Chittoor districts and the Superintendents of Police, Nellore and Chittoor are also requested to submit the Daily Reports in this aspect in the relevant column of the daily Law & Order report (in the formats already communicated) for the period from 6.00 am of previous day of reporting to 6.00 am of the reporting day, every day by 1.00 pm. K. VIJAYANAND CHIEF ELECTOML OFFICER & E.O. PRL. SECRETARYTO GOVERNMENT To The Collectors & District Election Officers, Nellore and Chittoor districts (w.e) The Superintendents of Police, Nellore and Chittoor districts (w,e) The Managing Director, Andhra Pradesh State Road Transport Corporalion, RTC HOUSE, 1st Floor NTR administralion Block, Pandit Nehru Bus Station, Vijalnawada-S2001 3 (w.e) SC/SF // FORWARDED :: By ORDER // .,\I^f.*tJ__ SECTIdN OFFICER yr rltQLRU$fl$N $1, No..gr Ehction Commisslon's letter No. 3l7l?00$/J,9-ll Dated: 71h Oqtober, 200S. addressed to the Secretary, covt. 6f lfr-dlt;Tfiercecretsmesrn-anilm . efrffi Electoral Officers of All $htes and Unlon Tenitorles Sub: Prevsntion of defacement of property and other campalgn relatsd lhms - revised lnstructlons. rcgadlng. I am directed to lnvite a reference b the Cornmlssion's letter No. SnnOOTtJS-ll, dated 16th October, 2007, regarding prevention of defacement of property in connectlon with electlon campaign. 2, ln the past, tha Commlsslon has suggested the enacfinent of speclal laws by state govemments for dealing wlth defacement of propertles effectively, $ome states have enacted special legislatlons to govern and regulate defacement of property, while the other states have leglslatlon that eithor only cover ryecific areaer like rnunicipalities etc, or have no leglelatlon at all. A tabular statement on respecllve posilions obtalning in the states in this respect baeed on the inforrnation available in the Commlsgion ls enolosed in the achadule appended to this circular (marked as Annexure-I). $lnce a uniform law thmughout tln country iE not available, what is enforceable differs from etate b stata. Keeping in view tho forlhcomlng general election to the Lok Sabha due ln 2009, it has become necessary to lay down, for smooth conduct of campaign durlng ebctione and for clear understanding of all authorities who have the rcEponoibility for the implarnentation at the field level as also of the observers who ara deputed to ov6rs6e the elecdlons ln dlfferent states/constituencies, a comprehensive s€t of guidelines with respect to defacement of property. S. After considering all aspects of the matter in dapth, lhe Commisslon has, ln tupertesslon of the earllsr lnstructlone, laid dswn the followlng dlrections, to the followad by political parties, candldates, lndivlduals and organizationg etc. during the election period: DEFAGETUENT OF PUBLIC PLACES 4. (a) No wall writing, pasting of posters/pepers or defacernent in eny other form, or erecting/displaying of cutouts, hoardings, banners flags etc, shall be permittsd on any Gouernment premlse (including civit structutes thereln). For this purposs a Government premise would include any Govt. office and the campus wherein the offlce building ls situated, (b) lf ihe local law expressly permlts or provides for writing of slogans, displaying posters, etc., or erecting cut,outa, hoardlngrs, banners, politicEl advertisernent, etc., in any public place, (as against a GovL premise) on payment 1llt or otherwise, this rnay be allorved strictly ln accordanoe with the relevant provisions of the law and. subject to court oiders, if any on mb suoleci ri in"rio be ensured lhat any such place is not dominated/monbpollzed UV inv pi,rticurat party(les) or candldate(s). All partles and candidates siiouto i* pioui&c .{i;i opporlunlty in this regard. (c) .lf there is e specifically earmarked pface provided for dlsplaying advertisements in a public plac6, e.g. biri boalds, rroi-iotngs etc. and ir jucil :paf. is-already let olt to any agency for further altocalion Io inoivrOu* ei"rts, lhe Disbict Electlon.Officer through lhe_municipal authority concerned, if anyi should ensure that all political parties and candid'ates get equitabte oBporiuntyi,i have access to such advertisgment opace hr slecliln rei"ted aovertisemints during the election palod. DEFACEMENT OF PRIVATE PLACES (a) ln I the Statres urhera there ls no local law on the subject, and subject to the estrictions under the law where there ls a law, temporiry ano Jisliv removable advertisement mabriats, such.as flags and uanneri may ne put up ln privat? premlses *ilt th" v-?luntary pennission ir tne occupant. ffre pernntsiion should be an act of free will ana irot extracted by any preirure or threat $uch ba.nngr ar flag. sfroup nor creete any nuisanca to itirers, photo+ofy of in" yolulky permisslon ln writing obtalned in this connection should be suLmitteo to the Relurning offfcer wtthln s oays of putfing up the ltags and bannera in such caie$ in the manner prescilbed Insub-para{ci Uitow. (b) lf the loml law doas no-t expressly permit walt wrisng, pasting of poeters, and simllar other permanenUserni{erniahent defacemenfwnrcf i; ;& jiJili mrnovable, the same shafi not he resorted to under any circum$hnces, eoen on preExt.of the fiaving obtained the consent of the ownei of the property. Thls wlll also apply in tte states where there is no local law on the subJeit or pr6ver*ion ot defacement of property. (c) lAlhere the local law expressty permits wall wrltings and pasting of posters, puttiqg 'with -up hoardings, banners, etc. on private prjmbes ihe arners permhs{on, the contegUng cardidates or the polittcal parties concerned shall obtain prior written pennission from the owner of th! property and submit qholocopils of the same withln 3 days to tro Returning'otiicrior om**i deaignated by him lor the purpoEe, together wlth a staieirent ln ths "n proilonna (marked as Annexure-2), The statement ln such cas6s and"n"lrreU h,r the sases mentioned in sub-para (a) above shoulcl clearly mentiorr therein the name and address of Sre ovuner of the property from whorn such permission hag been obtalned tggeller wilh expendlture inCuned or likely tro'ba incurred lor the purpose.... Nothing infamn'ratory or likely to incile disaffection .mongct communities shall be permissible in such writings/display. 2t3 n ''\'/ The expenditure incurred ln this mode on opecific campalgn of cendidate(s) shall be added to ths electlon expenditure made by the candidate. Expenditure lncurred on exclusive campalgn for a party without indicating any candidate shatl not be added to candidates expenditure, The contesling candidate shall fumish such information vlllage/localltyltown-wise, to ffre Relumlng Offlcer, or tho authorized offtcer wlthin S days of obtaining tha requlsite permission, for easy checklng by the Relurnlng Officer or the Electhn Observer or eny ofricer connected wlth the conduct of electlons.
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