2. By virtue of its powers, duties and functions under Article 324 read with Articles 172 (1) and 174(1) of the Constitution of India and section 15 of the Representation of the People Act, 1951, the Commission is under a constitutional mandate to hold elections to constitute a new Legislative Assembly in the states of Arunachal Pradesh and Maharashtra.

3. The Commission, after taking into consideration all relevant factors, has decided to recommend to the Governors of the two states to issue notification for the said general election under the relevant provisions of the Representation of the People Act, 1951 as per the following schedule: 

4. It has been a clear and consistent policy of the Commission that the bye elections shall be held at the earliest possible opportunity in order to ensure that no segment of the Indian people are left unrepresented for any unnecessary length of time. There are 4 (four) clear vacancies in the Lok Sabha and 41 (forty-one) clear vacancies in the various State Legislative Assemblies as follows:

5. These are clear vacancies, which are not subject to any election petition or appeal pending in any court and the remaining tenure of the concerned Assembly is more than one year. The schedule for these bye-elections shall be as per the schedule for the Maharashtra Legislative Assembly detailed in para 3 above.

6. The electoral rolls in the State of Arunachal Pradesh have already been summarily revised with reference to 1.1.2004 as the qualifying date except in four assembly constituencies viz., 14-Domukh, 46-Chowkiskm, 49-Borbomas Biyum and 50-Miao, where these were revised with reference to 1.1.2003 as the qualifying date.

7. In Maharashtra, the Commission has carried out a Special Revision of Summary nature with 1.1.2004 as qualifying date with effect from 15^th June 2004 to update the electoral rolls. The electoral rolls have been finally published on 18.8.2004 and these have been made available to the recognized political parties and the public. An updated version is also being put up shortly on the web-site of the Chief Electoral Officer, Maharashtra with suitable search facility. In terms of the law regarding registration of electors, further changes by way of additions, deletions, corrections or transposition can be only carried out till the last date for nominations. The Commission appeals to all persons to check their names in the electoral rolls and in case of any omission or commission in respect of their entries approach the Electoral Registration Officer of their constituency well in time for corrective action to be taken.

8. The Commission has steadily expanded the use of Electronic Voting Machines in elections since November 1998 and has covered the entire country with the use of EVMs in the last General Election to Lok Sabha held in April-May 2004. After taking into consideration all factors, the Commission has decided to use EVMs in all Assembly Constituencies in the State of Arunachal Pradesh, Maharashtra and all bye-elections. Adequate numbers of EVMs are already available in each state and training and awareness building programmes for the election staff and the general public has been started afresh for this round of elections.

9. In consonance with the past practice, the Commission has decided that compulsory identification of voters with the means of Electors’ Photo Identity Card (EPIC) will be made in the General Election to the State Legislative Assembly of Arunachal Pradesh, Maharashtra and all bye-elections. In order to ensure that no voter is deprived of his franchise, if his/her name figures in the Electoral Rolls, separate instructions are being issued to allow additional methods of identification for voters in each State.

10. The Model Code of Conduct comes into immediate effect from today, August 24 2004. The Model Code of Conduct will apply to the States of Arunachal Pradesh and Maharashtra and the whole of the district in which the whole or a part of any Parliamentary or Assembly Constituency going for Bye-election is included. This will be applicable to all Political Parties and to the State and Union Governments.