DM reports by SMS that wall writing is removed by 11 am; he sends me photo of cleaned wall by 3 pm through email.
Well done Manish Jain !! Is everybody seeing? How about our own district MCC squads, are they seeing?
***
DM Hoogly> Maintaining MCC Violation Register party-wise>sending reports daily to me, from first date of press release > already intervened and stopped MCC violation in at least two cases.
Well done Neelam Meena. Are other DMs seeing?
***
CEO
6.3.2009
24 comments:
Sir,I could see a mistake in election related officials in the web-site.R.O.Arambagh has been shown as D.M.HOOGHLY.It should be ADM,Hooghly.Another suggestion was that as the names of R.O.s are already known,this may be uploaded in the site along with designation.
Whether Para teachers can be appointed as polling personnel and BLO ? As agood number of data in respect of para teacher have been incorporated into the PP2.
ADM Hoogly:
We'll correct.
"Anonymous" pl identify yourself. (The answers to your queries are:
1. No for PP
2. Yes for BLO)
Sir,
Kindly elaborate in detail about following queries on violation of MCC.
1. Whether defacement in public places by political parties / candidates in connection with 7th Panchayat election ‘2008, comes under the purview of violating MCC !
2. Whether defacement in public places by political parties / candidates in connection with 7th Panchayat election ‘2008, who will not participate in ensuing Parliament Election ‘ 2009 comes under the purview of violating MCC !
3. Whether defacement in public places by some organizations depicting slogans of any political party, comes under the purview of violating MCC !
4. AS per discussion held on the 4th March, during Video Conference by the CEO West Bengal, it has been revealed that afte3r process of evuuiry on complaints on violating MCC be over FIR may be lodged . Please clarify whether the evpuiry report shall be treated as an FIR or the name of candidate / political party violating MCC be mentioned in particular to take cognizance in the FIR !
Your early reply is highly solicited.
Thanking you. Sir,
Yours faithfully
Prasenjit Chakraborty
Block Development Officer
Singur , Hooghly
Sir,
The course of action when any Government property is defaced is clear, to the extent that it will attract penal provisions of Municipal ( Ammendement) Act, 2006 & Panchayat ( Ammendement) Act, 2006.
But ,its not very clear , which law will be flouted, in case its a private property, & the concerned Pol party fails to submit written consent of the owner within 3 Days.
Secondly, while lodging complaint to the Police station , should we mention the name of the candidate or the Office-bearer of the party as offender? It may be mentioned here that apparently only the name of the candidate is visible to us.
Kindly clarify,
Regards.
BDO Singur:
(1) No. But if it violates the provisions on defacement of Panchayat Act, action as per law may be taken by any citizen by filing FIR
(2)Similar to above
(3)Similar to above. But if the symbol displayed is same as that of a contesting candidate or recognised party, MCC may be invoked.
(4)Enquiry report cannot be an FIR. An FIR must be a direct complaint to the OC of Thana. Enquiry report may be an annexed document. My advice is to mention facts as appearing in the illegal defacement and if possible annex a photo. All such FIRs filed must be reported to me through the district.
SDO Durgapur:
(1) The same Acts - Panchayat/ Municipal - will be attracted as these also lay down that prior permission of owner is required for defacement.
(2)As I just commented above in response to BDO Singur's query, in the FIR it may be wise to confine to whatever appears on the defacement. Take and annex a photo if possible.
-CEO
Sir, Regarding Violation of MCC, I have already issued notice to political parties for defacement. Now, if they do not submit the permission of the owner within 3 days for defacing private properties, who will lodge the FIR ? RO/ARO/Nodal Officer MCC Squad or police will take suo motu complain?
SDO Jhargram:
The FIR may preferably be filed by ARO
Sir,I have a query on M.C.C.in a unique case scenario,already raised by a political party in the meeting held with them.The question is if a political party organises road/rail blockade promising relief from a local problem (as usual),shouldn't this be treated as violation of M.C.C.,but not as general law and order problem!
ADM Hoogly:
An interesting point indeed. I don't have a straight answer and am referring the matter to the Commission.
-CEO
Sir,I have two queries on M.C.C.
1.Whether erection/display of party flags,banners(without candidate's name) by a political party on the road-side of national highway/public roads or social forestry trees be considered a violation of MCC?If yes,who should be booked for the offence?The local party secy/president?The expenditure to be booked against the validly nominated candidate?
2.I am R.O.of Arambagh P.C.My s.d.o.s MCC squad has taken cognizance of 57 violations of MCC during last 3 days,all related to wall writing,during suo motu movement of the squad.S.D.O.had instructed the local party to remove the writings within 24 hrs,as advised by us(uniform course of action has been devised for whole district).The party has been complying till date,but what happens if the party fails to comply within the dateline?Should FIR be lodged against the local party secy/president to whom the show cause was issued,as nominations have not started till now.
ADM Hoogly:
The responses are:
(1)Yes; yes
(2) Yes, presumption confirmed.
Sir,it seems that there is a small hole in the instruction pertaining to defacement of private property.We have issued instruction to the political parties that they have to submit written consent of the owner to the R.O./ARO within three days of the act of the writing.But when mcc squad is taking cognizance of defacement during suo-motu movement ,we are issuing instruction to the local party to produce written consent or remove defacement within 24 hrs.
Now the question is what should we do if a political party raises the question that mcc team has noted the defacement on the first day of the writing itself,so they still have got three two more days to get the consent,so they won't abide by 24 hrs.deadline.This question can be raised as the instruction is not specific that written consent should be prior to writing.it only says that written consent should be submitted within 3 days.
Respected Sir,
please clarify........
when defacement is made over the walls of private houses, is it not necessary to have a permission/consent/no objection letter copy with the owner of the house ? During enquiry by mcc sqad in field , when owner of the house states that the concerned pol. party have taken his/her consent ,he cannot produce any written document . Then it becomes difficult for mcc squad to verify.
WE WOULD BE OBLIGED IF YOU CLARIFY THIS.
WITH REGARDS
SRABANTI
BDO
GOGHAT-II
SRABANTI
Sir,
Issue raised by the BDO Goghat-11 being a pertinent one,we have already devised a solution regarding the issue of written consent of the private house owners.This matter is becoming a sort of wild goose chase,and our mcc squad is having to face harassment as being made to run around as they are attending to each and every defacement case suo motu, as they r not sure of the written consent.We have issued an order today to all the political parties to prepare three copies of written consent of the owner,a copy each of which is to be kept with house owner,local party office and the bdo(party to hand over)immediately after the wall has been defaced.BDO will in turn send it to ARO/SDO.
Sir,
I have some query.
(1)In case of any defacement of private building or any private property encroached upon Govt. or public road or any Govt. land, how the matter should be dealt with?
(2)(a) If any defacement of public property or in case of private property without permission of owner is committed by any Trade Union or any other organizations affiliated to a political party, should the complaint be accounted for the political party or defaulting Trade Union or other organizations?
(b)Should the notice be served upon the political party or the defaulting Trade Union or other organization?
Nodal Officer
District MCC & CMS , Hooghly
Nodal MCC Officer Hoogly:
(1) A private building is a private building. We can't go into land disputes now. So apply rules applicable to private buildings.
(2)(a) Notices, cases etc should be started if the defacement is for the election campaign for the Lok Sabha Election 2009
(2)(b)We are concerned with election campaign. So contesting candidate and/or party should normally be noticed. Best, of course, is to start proceedings against the person who wrote it. But sometimes this is difficult to find.
To
The C.E.O.,
West Bengal.
Sir,
I’ve one query. In view of enforcement of model code of conduct for the ensuing General Election, whether formation of Ad-hoc committee for newly set up schools from class-V to Class-VIII as envisaged in Govt. Notification in School Education Deptt. comprising Sabhapati of Panchayet Samiti, President, Nominee of BDO Member, a local person interested in education to be nominated by the Sabhadhipati of Zilla Parishad, Sub-Inspector of School – Member Secretary, SAE, representative of BLLRO, a local medical practitioner nominated by BMOH, is permissible in upper Primary School.
ADM (LR) –In- Charge
MCC and Law & Order
If any political party office is set up in P.W.D. land just beside the metal strip, instruction may kindly be given whether the provisions of Model Code Of Conduct should be invoked.
Additional District Magistrate (L.R.) and
ADM-In-Charge of MCC and Law & Order, Hooghly
ADM Hoogly:
Yes, I agree that there is a bit of a loose end. But our intention is rather like a benevolent school teacher: if a student has been naughty, the teacher gives him a bit time to rectify himself. In this case, if he erases, we have no problem. But if he gives forged consent letter, he is likely to face the consequences as per law.
BDO Goghat II:
A copy of the consent letter is supposed to be deposited with the RO or thana; there is no provision stating that a copy is to be retained by the owner.
If the owner says he has willingly given the written consent, this fact can be checked with reference to the records in RO Office or thana.
Suvendu Moulik ADM:
No
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