Uttar Pradesh’s incumbent chief minister Adityanth (and/ or his staff) seems to have spent a sleepless night on Sunday. At 3:07 AM on Monday March 7, the day of polling this social media handle @myogiadityanath put out a video, where the CM clearly remained in campaign mode, long after the official campaign closed on Saturday.
He listed out “achievements” of his government, and even lashed out at the “previous” government, accusing them of “corruption”. While the election commission is yet to take note of this video, Adityanath has gone a step ahead and virtually declared a “win” for the Bharatiya Janata Party in the state that is crucial to all its future political plans. According to Adityanath, the BJP is being “favoured” in the trends of the six phases which have already been polled. However, he says it is the seventh and final phase that is “the most crucial”.
उत्तर प्रदेश के मेरे सम्मानित मतदाता भाइयों-बहनों… pic.twitter.com/tStPuv7YvX
— Yogi Adityanath (@myogiadityanath) March 6, 2022
Three hours after this, Adityanath took to twitter again at 6:04 AM and reminded voters to vote for “nationalism” apart from the good governance he claims. Here he added that “one vote” would “save” UP from “mafias, rioters and dynasties”, a final swipe at his political opponents without naming names. He also claimed the consecration of temples and statues as an achievement, he asked the people to “vote” before they even eat.
उत्तर प्रदेश विधान सभा चुनाव-2022 का आज अंतिम चरण है।
सभी सम्मानित मतदाता गण राष्ट्रवाद, विकास और सुशासन की विजय के लिए मतदान अवश्य करें।
आपका एक वोट माफियावादियों, दंगावादियों और घोर परिवारवादियों से आपके प्रदेश को बचाएगा।
अतः पहले मतदान करें फिर जलपान करें।
— Yogi Adityanath (@myogiadityanath) March 7, 2022
A few hours later, perhaps outside a polling booth, Adityanath was calmer, but continued to talk about “welfare of the poor, security” schemes he claimed were being “hailed by women voters”. Perhaps, reacting to a slower turn out that early in the morning, and appealing to the voters to come and vote in large numbers for “security, prosperity and good governance”, telling them that their one vote will help. He claimed he was “worried” that the “rioters” he has not named today were “waiting to return to power”.
सुरक्षा, समृद्धि और सुशासन के लिए मतदान करें: मुख्यमंत्री श्री @myogiadityanath जी महाराज pic.twitter.com/eGqREJ6UH4
— Yogi Adityanath Office (@myogioffice) March 7, 2022
As expected the entire BJP leadership, led by Prime Minister Narendra Modi called the election everything from a “holy yagna,” to a “festival of democracy”, urging voters to come out and register their ballot.
उत्तर प्रदेश में आज लोकतंत्र के महायज्ञ की पूर्णाहुति का दिन है। सभी मतदाताओं से मेरा आग्रह है कि वे विधानसभा चुनाव के सातवें और आखिरी चरण के मतदान में पूरे जोश-खरोश से भाग लें और वोटिंग का नया रिकॉर्ड बनाएं।
— Narendra Modi (@narendramodi) March 7, 2022
Adityanath also amplified other online “come out and vote” appeals by party colleagues such as Amit Shah, Rajnath Singh, Jagat Prakash Nadda, many of whom also asked UP voters to come out and vote in “maximum numbers to form an honest, corruption free and strong government.”
आज उत्तर प्रदेश में सातवें व अंतिम चरण का चुनाव है, मैं सभी मतदाताओं से अपील करता हूँ कि उत्तर प्रदेश में लोक कल्याण व विकास की यात्रा को अनवरत जारी रखने हेतु अधिक से अधिक संख्या में मतदान करें।
आपका एक वोट उत्तर प्रदेश के समृद्ध व सुरक्षित भविष्य का आधार है।
— Amit Shah (@AmitShah) March 7, 2022
उत्तर प्रदेश में आज लोकतंत्र का ये महापर्व अपने आखिरी पड़ाव पर है और आखिरी चरण के तहत 54 सीटों पर आज मतदान होना है I
आप सभी से मेरी अपील है कि हर बार की तरह इस बार भी एक ईमानदार, भ्रष्टाचारमुक्त और सशक्त सरकार बनाने के लिए ज्यादा से ज्यादा संख्या में मतदान करें I
— Jagat Prakash Nadda (@JPNadda) March 7, 2022
The Congress too is sending last minute messages to its voters online, with taglines such as “We will keep every promise. #CongressHaiTohBharosaHai”
यूपी वोट करेगा स्वास्थ्य बजट को बढ़ाने के लिए।
यूपी वोट करेगा स्वास्थ्य व्यवस्था में सुधार के लिए।।हम निभाएंगे प्रत्येक वादा। #CongressHaiTohBharosaHai pic.twitter.com/XiLlf4uXG5
— Congress (@INCIndia) March 7, 2022
उत्तरप्रदेश के मेरे प्यारे बहनों-भाइयों
आज अंतिम चरण का चुनाव है।प्रदेश के लिए ऐसी राजनीति चुनिए जो आपके जीवन को प्रभावित करने वाले मुद्दों की बात करे।
ऐसी राजनीति चुनिए जो आपके जीवन को बेहतर बनाने का विकल्प आपके सामने रखे।
सोच-समझकर जिम्मेदारी से मतदान करें।
— Priyanka Gandhi Vadra (@priyankagandhi) March 7, 2022
Samajwadi Party on the other hand has been putting out alerts alleging inappropriate conducts on polling day. For example SP alleged that “booth number 345 of Mohammadabad 378 assembly constituency of Ghazipur district, BJP workers are standing in the way and stopping people from going to cast their votes” adding that the “Police became mute spectators” and tagged the Election Commission to take action.
गाजीपुर जिले की मोहम्मदाबाद 378 विधानसभा क्षेत्र के बूथ नंबर 345 पर बीजेपी के कार्यकर्ता रास्ते में खड़े होकर लोगों को वोट डालने जाने से रोक रहे हैं।
पुलिस बनी मूकदर्शक।
कार्रवाई करते हुए सुचारू मतदान सुनिश्चित कराएं चुनाव आयोग।@ceoup @ECISVEEP
— Samajwadi Party (@samajwadiparty) March 7, 2022
सातवें चरण के मतदान के दौरान किसी भी तरह की समस्या/अनियमितता आने पर समाजवादी कार्यकर्ता/नेता इन नंबरों पर संपर्क करें। pic.twitter.com/N5fg9BZtIc
— Samajwadi Party (@samajwadiparty) March 7, 2022
Meanwhile the Election Commission and CEO UP have maintained that all is well in UP, and polling is on a smooth track. The state has reported only 21.55% voter turnout till 11 A.M.
उत्तर प्रदेश विधानसभा सामान्य निर्वाचन 2022
सातवें चरण के अंतर्गत मतदान केंद्रों पर सकुशल मतदान जारी है।
दिव्यांग, बुजुर्ग व सभी सम्मानित मतदाताओं की सुविधा के लिए आदर्श बूथ स्थापित किए गए हैं।#ECI#AssemblyElections2022 #विधानसभाचुनाव2022 #GoVote#GoVoteUP_Phase7 pic.twitter.com/gNMeSSREJB
— CEO UP #DeshKaMahaTyohar (@ceoup) March 7, 2022
On-ground teams of Citizens for Justice and Peace (CJP) as well as local sources and media reports have listed instances of alleged incidents of bogus voting, malfunctioning of Electronic Voting Machines (EVM) and disturbances at polling booths during previous phases. CJP has brought the same to the notice of the Election Commission of India (ECI) as well as the State Election Commission (SEC), Uttar Pradesh. CJP has sought an inquiry into these incidents. The complaint states that these incidents, if true, not only violate the Model Code Of Conduct (MCC) issued by the Election Commission of India but also constitute offences as per the provisions of the Representative of People Act, 1951. It further states that if these are not taken into consideration and due inquiry is not done, it can pose a threat to democracy, and can have a serious impact upon conducting free and fair elections in UP.
Meanwhile, parties continue to use careful loopholes to continue campaigning even on the day of polling. Take for example this full-page add on the front page of Dainik Jagran, on Monday, March 07. Journalist Sanket Upadhyay shared it on Twitter asking, “Where is the Election Commission?”
The front page of a leading daily in UP. Where is the Election Commission?
समाचार में some प्रचार. pic.twitter.com/HNUcoumTh8
— Sanket Upadhyay (@sanket) March 7, 2022
However, journalist J Gopikrishnan replied that this was in fact permitted and legal, and such media advertisements are allowed, the ban is only on campaigning on the roads, holding meetings etc.
Advts allowed in media. Only ban on campaigning in roads, meetings etc
— J Gopikrishnan (@jgopikrishnan70) March 7, 2022
What is banned as per the MCC, is the “issue of advertisement at the cost of public exchequer in the newspapers and other media and the misuse of official mass media during the election period for partisan coverage of political news and publicity regarding achievements with a view to furthering the prospects of the party in power shall be scrupulously avoided”. However, there are also several other grey areas created by modern technology that are yet to be taken into account by the Election Commission’s Model Code of Conduct. For example, even if a rally is not being held in the polling district, it can still be telecast live on Youtube or Facebook and people in the polling district can view it. Similarly, videos are also shared on Twitter and catchy hashtags quickly start trending online drawing more eyeballs.
It is time the MCC was updated to find ways to address all these concerns.
Can political parties, and their candidates continue a ‘virtual campaign” on voting day?
Here is a must read community resource researched and created by CJP on the Election Model Code of Conduct, that shows “How to Spot and Report Violations” on the day of polling. There are special provisions that relate to behaviour of party workers and candidates on the day of polling. They are all expected to cooperate with the officers on election duty to ensure peaceful and orderly polling and complete freedom to the voters to exercise their franchise without being subjected to any annoyance or obstruction.
Parties should also supply to their authorised workers suitable badges or identity cards. But ensure that the identity slip supplied by them to voters shall be on plain (white) paper and shall not contain any symbol, name of the candidate or the name of the party. Candidate’s camps are not allowed to display any posters, flags, symbols or any other propaganda material. Additionally, they must also not allow unnecessary crowds to be collected near the camps set up by the political parties and candidates near the polling booths so as to avoid confrontation and tension among workers and sympathisers of the parties and the candidate.
Finally, all parties and candidates must refrain from serving or distributing liquor on polling day and during the forty eight hours preceding it. No eatables shall be served or crowd allowed at the camps.
Therefore, if you see any party flaunting its symbol in posters, flags, banners etc. or serving alcoholic beverages to people, inform the Booth Level officers or Election Observers in your area immediately.
Provisions for the Party in Power
According to the Model Code of Conduct, the party in power, whether at the Centre or in the State or States concerned, shall ensure that no cause is given for any complaint that it has used its official position for the purposes of its election campaign and in particular –
(a) The Ministers shall not combine their official visit with electioneering work and shall not also make use of official machinery or personnel during the electioneering work.
(b) Government transport including official air-crafts, vehicles, machinery and personnel shall not be used for furtherance of the interest of the party in power;Public places such as maidens etc., for holding election meetings, and use of helipads for air-flights in connection with elections shall not be monopolised by itself. Other parties and candidates shall be allowed the use of such places and facilities on the same terms and conditions on which they are used by the party in power;
Rest houses, dark bungalows or other Government accommodation shall not be monopolised by the party in power or its candidates and such accommodation shall be allowed to be used by other parties and candidates in a fair manner but no party or candidate shall use or be allowed to use such accommodation (including premises appertaining thereto) as a campaign office or for holding any public meeting for the purposes of election propaganda;
Issue of advertisement at the cost of public exchequer in the newspapers and other media and the misuse of official mass media during the election period for partisan coverage of political news and publicity regarding achievements with a view to furthering the prospects of the party in power shall be scrupulously avoided.
Ministers and other authorities shall not sanction grants/payments out of discretionary funds from the time elections are announced by the Commission; and
From the time elections are announced by Commission, Ministers and other authorities shall not –
(a) announce any financial grants in any form or promises thereof; or
(b) (except civil servants) lay foundation stones etc. of projects or schemes of any kind; or
(c) make any promise of construction of roads, provision of drinking water facilities etc.; or
(d) make any ad-hoc appointments in Government, Public Undertakings etc. which may have the effect of influencing the voters in favour of the party in power.
Note : The Commission shall announce the date of any election which shall be a date ordinarily not more than three weeks prior to the date on which the notification is likely to be issued in respect of such elections.Ministers of Central or State Government shall not enter any polling station or place of counting except in their capacity as a candidate or voter or authorized agent.
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