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  1. 296 downloads

    No. 3/4/2020/SDR/Vol.III Dated: 11th January, 2021 To The President/General Secretary/Chairperson/Convener, of all recognized National and State Political Parties. Sub: Order dated 13th February, 2020 of Hon’ble Supreme Court in Contempt Petition (C) No. 2192 of 2018 in WP(C) No. 536 of 2011 - Requirement of publishing details regarding candidates with pending criminal cases in Rajya Sabha and State Legislative Council elections- regarding. Sir/Madam, I am directed to draw your attention to the Commission’s letter no. 3/4/2020/SDR/VOL-III, dated 16th September, 2020, issued in pursuance of the Order dated 13th February, 2020 of Hon’ble Supreme Court in Contempt Petition (C) No. 2192 in WP(C) No. 536 of 2011. As per the Commission’s above directions the details of criminal cases are to be published on the following three occasions during the campaign period so that electors have sufficient time to know about the background of such candidates: (i) Within first 4 days of withdrawal (ii) Between next 5th -8th days. (iii) From 9th day till the last day of campaign (the second day prior to date of poll). 2. In this connection, clause (d) of Section 39 of the Representation of the people Act 1951 relating to elections to Council of States and State Legislative Councils, is read as under:- (1) As soon as the notification calling upon the elected members or the members of the legislative assembly of a State or the members of the electoral college of a Union territory to elect a member or members is issued, the Election Commission shall, by notification in the Official Gazette, appoint- (d) the date or dates on which a poll shall, if necessary, be taken, which or the first of which shall be a date not earlier than the seventh day after the last date for the withdrawal of candidatures; and 3. In view of the aforesaid provision, date of poll, in case of Rajya Sabha and State Legislative Council elections by Members of Legislative Assembly (MLAs), if required, shall be a date not earlier than the seventh day after the date of withdrawal of candidature. Accordingly, timeline for publishing the details of criminal cases on the three occasions, in case of the aforesaid two elections i.e. Rajya Sabha and State Legislative Council elections by Members of Legislative Assembly (MLAs), shall be as under: (i) Within first 2 days of withdrawal (ii) Between next 3rd -4th days; and (iii) Form 5th day to 6th day i.e. prior to date of poll. 4. Kindly acknowledge receipt.
  2. 406 downloads

    By Speed Post ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi-110001 No.3/4/2020/SDR – Vol.III Dated: 19th March, 2020 To The Chief Electoral Officers of All States and UTs Subject: - Order dated 13th February, 2020 of Hon’ble Supreme Court in Contempt Petition (C) No. 2192 of 2018 in WP (C) No. 536 of 2011- Requirement of publishing details regarding candidates with pending criminal cases- regarding. Sir, I am directed to refer to the Commission’s letter of even No. dated 06.03.2020, on the above subject and addressed to recognized political parties, a copy of the letter endorsed to CEOs and to say that in pursuance of the directions given by the Hon’ble Supreme Court in its Order dated 13.02.2020, if a political party fails to submit compliance report with the Election Commission, the Election Commission shall bring such non compliance by the political party concerned to the notice of the Supreme Court as being in contempt of the court’s order. Accordingly, the political parties shall publish information regarding candidates with criminal antecedents with the reason for selection of such individuals in Format C-7 within the given time and a compliance report shall be sent in Format C-8 to the Commission within 72 hours of the selection of the candidates. The CEOs are requested to obtain information with regard to the individuals with criminal antecedents, selected as candidates by the political parties, in the elections be

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ECI Main websiteThe Election Commission of India is an autonomous constitutional authority responsible for administering election processes in India. The body administers elections to the Lok Sabha, Rajya Sabha, State Legislative Assemblies in India, and the offices of the President and Vice President in the country. The Election Commission operates under the authority of Constitution per Article 324, and subsequently enacted Representation of the People Act. 

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