Deputy Commissioner Peren, Vineet Kumar has informed all concerned that, given the forthcoming General Elections to the 14th Nagaland Legislative Assembly that the declaration of Village/Area/Range consensus candidates by various public organizations/Village Councils/Range Organisation is violative of various election-related laws and offense under the Indian Penal Code.

Undue influence at elections including interference or any attempt to interfere with the free exercise of the electoral right by any means such as the threat of injury/restraint is an offense under sections 171C, 339, and 340 of IPC. Under section 125 of the 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 an electoral offense and is also punishable under sections 153A, 153B, 295A and 505(2) of IPC.

The same has been reiterated by the ECI in its instructions NO.437/6/INST/2014-CC&BE dated 26.04.2014 that further prohibits any organization or group from activity or statements that amount to an attack on the personal life of any person or are malicious or offend decency and morality. Violation of the same by any organization can also lead to debarment and denial of permission to hold any further programmes/activity. Further, the Village Council Act 1978 is bound to be neutral in matters related to the election.

Therefore, all the Public/Range Organisations/Village Council are to take due note of the provisions of the law and refrain from the declaration of Village/Area/Range consensus candidates or any other activity that subverts the free exercise of the electoral right by any means such as threats of injury or wrongful confinement. Any organization/person that violates the same shall be dealt with strictly under the applicable penal provisions of Law.

(DPRO Peren)