Bye-Elections to 2-Srinagar and 3-Anantnag Parliamentary Constituencies

gy correspondent Jammu mar 10
[ March 10, 2017 ] The Election Commission of India in its task of conducting free and fair elections has been following a consistent policy to ensure that the officers, who are connected with the conduct of elections in the States, do not serve in their home districts or places where they have served for long. As a run up to the Bye Elections to the 2-Srinagar (District Srinagar, Budgam and Ganderbal) and 3-Anantnag (District Pulwama, Shopian, Kulgam and Anantnag) Parliamentary Constituencies and as per the past practice, a set of instructions, regarding transfers and postings of the officers, have accordingly been issued by the Election Commission of India as under, which are brought to the notice of all concerned for strict compliance: 1. that no officer connected with the elections, directly or indirectly, should be allowed to continue at his present place of posting: a. if he/she is posted in his/her home district. b. if he/she has completed the stay of three years in that district during the last four years or would be completing three years on or before 10.03.2017. Three years period is to be reckoned backwards from 10.03.2017, which has been prescribed as the cut-off date for calculating the three years period. The above instruction is not, however, applicable to the officers due to retire within the coming six months, who will be exempted from the purview of the aforementioned direction of the Commission, subject to the condition that they shall not be engaged for performing election duties during the Elections. 2. that a detailed review be undertaken in all the above mentioned distrids in the 2-Srinagar and 3-Anantnag Parliamentary Constituencies and all such officers who are either posted in their home distrids or have completed/likely to complete 03 years in the district during the last 04 years should be transferred. 3. that while calculating the period of 03 years, promotion to a post within the district be counted. 4. that the Chief Electoral Officer shall invariably be consulted while posting the new persons in place of the present incumbents who stand transferred, as per this policy of the Commission, and that copies of transfer orders under these directions should be given to the Chief Electoral Officers concerned without fail. 5. that the transfer orders in respect of the officers/officials, who are engaged in the Electoral Rolls Revision work, shall be implemented only aRer final publication of the Electoral Rolls, in consultation with the Chief Electoral Officer. 6. that the officers/officials against whom Commission has recommended disciplinary action or who have been charged for any lapse in any election or election related work in the past shall not be assigned any election related duty. 7. that the officers/officials against whom a criminal case is pending in any Court of Law shall not be associated with the election work or election related duty. 8, that the officers/officials who are on extension of service or are re-employed in different capacities will not be associated with any Election related work except those with the office of Chief Electoral Officers. 9. that the officers/officials who are transferred in pursuance of the instruction mentioned hereinfore shall be asked to move physically out of the district, immediately, on receipt of the transfer order and they should not be allowed to circumvent the objective by proceeding on leave and physically not moving out of the district from which they stand transferred. The above instructions cover not only those officers who are appointed for specific election duties like District Election Officers, Deputy District Elections Officers, Returning mcers and Assistant Returning Officers but also the other District Officers like i) Additional District Magistrates (ii) Deputy Collectors, (iii) Sub-Divisional Magistrates (iv) Tehsildars (v) BDOs; or (vi) Any other officer proposed to be deployed for election work. These instructions have also been made applicable to the officers of and above the rank of Inspector in the Police Department, who are responsible for deployment of Police Force in the district at election time. Certain categories of Police officials who are posted in functional departments like computerization, special branch, training etc have, however, been exempted from the purview of the directions issued by the Election Commission of India. As per the instructions, the Police officers of the level of Sub-Inspectors should not be posted in their home Assembly Constituencies and should as such not only be transferred out of their police sub divisions but also out of the Assembly Constituency, if they have completed a tenure of three years during the last four years in that subdivision or would be completing three years on or before 10.03.2017. It is, accordingly, enjoined upon all the Administrative Secretaries to circulate these instructions to all the subordinate offices, under their Administrative control, and take further necessary actions as may be required to ensure effective implementation of the instructions passed by the Election Commission of India in letter and spirit. Further, no department shall henceforth transfer any KAS officer posted in the above mentioned districts at its own level. Where such transfers are considered absolutely necessary in the public interest, a proposal shall be submitted by the concerned Administrative Department to the General Administration Department for taking an appropriate action.