handbook for presiding officers - Chief Electoral Officer, Govt. of Sikkim

CHAPTER XVII
ENFORCEMENT OF ELECTION LAW IN AND AROUND
POLLING STATION
1. Impartiality essential and maintenance of decorum and dignity:
1.1 Treat all parties and candidates equally and decide fairly and justly every
disputed point. Your tact, firmness and impartiality are the most important
safeguards against any breach of the peace. Needless to say, neither you
nor any other officer at your polling station should do any act, which could be
interpreted as furthering the prospects of any candidate at the election.
1.2 Further, you and other officers at your polling station should maintain decorum
and dignity as is expected of an officer on duty. Neither you nor any other
officer at your polling station indulge in any undue activities unbecoming of an
officer on duty, such as shaking hands or getting your self photographed with
him/her, when a celebrity or VIP visits your polling station for casting his/her
vote, even though showing normal courtesy to each and every elector is part
of your duty.
2. Ban on canvassing:
Canvassing within one hundred meters of the polling station is an offence
under the election law. Any person, who does so, can be arrested without
warrant by the police and may be prosecuted under section 130 of the
Representation of the people Act. 1951 (See Annexure I).
3. Candidate’s election booth:
Contesting candidates are allowed to set up election booths near the polling
station, but beyond 200 meters from the polling station, to help the electors
locate their names in the electoral roll. The candidates are allowed to provide
one table and two chairs for the use of their agents and workers for the
distribution of unofficial identity slips to voters beyond a distance of 200
meters from the polling station with an umbrella or a piece of tarpaulin over
their head to protect them from the sun/rain. No crowd is allowed to collect
around such tables. If any instance of violation of the above instructions of
the Commission is brought to your notice, you should report the matter to the
Sector Magistrate or other officials responsible for maintenance of law and
order around your polling station for necessary remedial action by them.
4. Disorderly conduct in or near the polling station:
Enforce the provisions contained in section 131 of the Representation of the
People Act, 1951 (See Annexure I). If any person behaves in a disorderly
manner, you can have him arrested then and there by a police officer and
have him prosecuted. The police have the power to take such steps, and use
such force, as may be reasonably necessary for preventing such behaviour.
These powers should, however, be resorted to only when persuasion and
warning have proved ineffective. If the use of a megaphone or loudspeaker
interferes with the work of the polling station, you should take steps to stop
such use. The section does not prescribe any limit of distance. It is left to you