The Election Commission has taken a serious view of sending of SMS (short message services) by vested interests in contravention of election law and model code of conduct. A receiver of such an SMS can inform the local police about it. The police have been asked to initiate legal process in this connection. Service providers are also being instructed. Such SMSes have been totally banned during 48 hours before the polling day.

It has been brought to the notice of the commission that during election some objectionable SMSes are sent to the voters by some vested interests. These SMSes violate the election law, provisions of model code of conduct and instructions and orders issued by the Election Commission. Such acts affect the process to ensure free, fair and transparent elections. The commission has decided to undertake concrete steps to check this practice after due consideration.

Police officers in the state have been told to publish through advertisements their special mobile numbers on which the receiver of objectionable SMS can forward it to the police for further action. The police officers have been instructed to find out the senders of such objectionable SMSes. Action will be taken against such persons under provisions of Indian Penal Code, Representation of People Act 1951, Election Conduct Rule 1961 and other concerning laws.

The commission has said that if the returning officers or district election officers come to know of sending of a cluster of SMSes in large number by candidates or parties as an alternative way of poll campaigning, they must immediately inform the Chief Electoral Officer about the matter. The Chief Electoral Officer will contact the service provider to know the expenditure and cost of such SMSes and add the cost to the poll expenditure of the candidate or candidates, whichever is applicable. Sending SMSes of political ramifications in bulk will remain banned during 48 hours before the election date. This information has been given to all the concerning officials and observers.