In view of the forthcoming Assembly elections scheduled to be held in February, Deputy Commissioner (DC) Wokha AK Ranja has issued a circular informing that declaration of village/area/range consensus candidates by various public organisations/village councils/range organisations was violative of various election related laws and offence under the Indian Penal Code.
The circular dated January 3, further stated that undue influence at elections including interference or any attempt to interfere with the free exercise of electoral right by any means such as threat of injury/restraint is an offence under Sec 171C, 339 and 340 of IPC. It said that under Sec. 125 of Representation of the People Act 1951, any attempt to promote enmity between classes in connection with elections on grounds of religion, race, caste, community or language constitutes electoral offence and is also punishable under Sec. 153A. 153B. 295A and 505(2) of IPC.
DC said that the same has been reiterated by the Election Commission in its instructions dated April 26, 2014 that further prohibits any organisation/group from activity or statements that amounts to attack on personal life of any person or is malicious or offends decency and morality.
Violation of same by any organisation can also lead to debarment and denial of permission to hold any further programmes/activity, it said. Further, village councils being auxiliary to the administration under Sec 15 of The Nagaland Village Council Act 1978 is bound to be neutral in matters related to elections, it added.
Therefore, DC has asked all to refrain from declaration of village/area/range consensus candidates or any other activity that subverts free exercise of electoral right by any means and warned of action under the applicable penal provisions of law.
