Haryana SEC enforces Property Defacement Act ahead of municipal elections

The Haryana State Election Commission (SEC) has directed strict enforcement of the Haryana Prevention of Defacement of Property Act, 1989, in view of the imposition of the Model Code of Conduct for municipal elections scheduled to be held on May 10. State election commissioner Devinder Singh Kalyan said it has come to the notice of the Commission that several candidates and political parties were illegally putting up posters and banners on public and private properties and defacing walls with writings, which is a violation of the law. Under Sections 3 and 3-A of the Act, defacing any property visible in public places by writing or marking with ink, chalk, paint, or any other material is strictly prohibited. Similarly, putting up posters, banners, or flex boards on government buildings, electric poles, bus stands, public places, or statues, as well as affixing publicity material on public transport, especially state transport buses, is completely banned. Such acts fall under the category of cognizable offences. The SEC stated that in such cases, the cost incurred in removing illegal publicity material and restoring the property to its original condition will be recovered from the concerned candidate or political party. If such activities are carried out in favour of a candidate, the candidate will be held responsible unless they can prove that it was done without their knowledge or consent. He directed that candidates should display publicity material only at designated locations identified by executive officers/secretaries in urban areas and BDPOs/panchayat officers in rural areas. Property owners who have not permitted advertisements on their walls may lodge complaints with the concerned observer or deputy commissioner. The Commission has directed the local administration to ensure that illegal material be removed within 24 hours of receiving a complaint.