Public officials will be fined or jailed if they are found guilty of violating a directive by the Election Commission on the prohibition of the use of state resources to promote a party or candidate. The EC directive has prohibited the use of any movable or immovable property belonging to the State or any State [...]

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Jail or fine if public officials misuse state resources during polls

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Public officials will be fined or jailed if they are found guilty of violating a directive by the Election Commission on the prohibition of the use of state resources to promote a party or candidate.

The EC directive has prohibited the use of any movable or immovable property belonging to the State or any State Corporation to promote a candidate. Public officials found guilty of violating this could be liable to a fine of upto Rs 150,000 or a jail term of upto three years.Senior state officials, including ministry secretaries, have been instructed by the EC to ensure that no state property, vehicles, equipment, buildings, lands or public officers are involved in election related activities.

In a gazette notification outlining comprehensive directives, the EC said non-compliance with the directives was a punishable offence under Article 104(22) of the Constitution.

Citing provisions in the Constitution, the EC said it was the duty of the Chief Accounting Officer or Accounting Officer of Ministries, Departments, institutions to prevent or to take action to prevent the misuse of State properties.  The revised directives also prohibited public officers from making propaganda statements using their private social media accounts or any other accounts to promote or degrade any political party or candidate.

“Even public officers with political rights should not engage in such propagation using State Resources and publication or causing the publication of hate speech, rumours and false information on their personal social media accounts shall be an offence,” the gazette added.

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