I am directed to state that the Election Commission has announced the schedule for holding General Election to Legislative Assembly of Gujarat, operation of ‘MODEL CODE OF CONDUCT’ comes into effect with the announcement of elections by the Commission.

I am directed to state that on the announcement of the General Elections to the Legislative Assemblies of the States of Goa, Manipur, Punjab, Uttar Pradesh and Uttarakhand, the provisions of Model Code of Conduct have come into force w.e.f. 24th December, 2011. The Commission has decided to reiterate its instructions issued vide its letter no. 3/7/2008/JS-II dated 7th October, 2008 (copy enclosed) contained in Para 5 under the heading ‘DEFACEMENT OF PRIVATE PLACES’, as under: -

Sub-para (d) “Subject to any restrictions under any local law or any court orders in force, the political parties, candidates, their agents, workers and supporters may put up banners, buntings, flags, cut-outs, on their property, provided they do so on their own volition, voluntarily and without any pressure from any party, organization or person, and provided further that these do not cause any inconvenience in any manner to anyone else. If such display of banners, flags etc. aims to solicit vote for any particular candidate, then the provisions of Section 171H of IPC would be attracted and would have to be followed. Section 171H of the IPC stipulates that whoever without the general or special authority in writing of a candidates incurs or authorizes expenses on account of the holding of any public meeting or upon any advertisement, circular or publication, or in any other way whatsoever for the purpose of promoting or procuring the election of such candidates, shall be punished with fine which may extend to five hundred rupees: Provided that if any person having incurred any such expenses not exceeding the amount of ten rupees without authority obtains within ten days from the date on which such expenses were incurred the approval in writing of the candidate, he shall be deemed to have incurred such expenses with the authority of the candidate.”

Election Commission’s letter No.3/7/2008/JS-II dated 7th October, 2008 addressed to the Secretary to the Govt. of India, MHA, the Chief Secretaries and the Chief Electoral Officers of All States and Union Territories. Sub: Prevention of defacement of property and other campaign related items – revised instructions- regarding.

I am directed to invite a reference to the Commission’s letter No.3/7/2007/JS-II, dated 16th October, 2007, regarding prevention of defacement of property in connection with election campaign.