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Election Expenditure Monitoring [EEM] Briefing of Expenditure Observers Assembly Elections in Tamil Nadu, West Bengal, Kerala, Assam and Puducherry 2016
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LEGAL PROVISIONS : The Representation of the People’s Act, 1951 The Conduct of Elections Rules, 1961 Instructions of Commission Indian Penal Code, 1860 Income Tax laws State Excise Acts & Rules
TYPES OF ELECTION EXPENDITURE Election expenditure can be classified into two types on the basis of legal provisions Expenditure permissible under the law [public meetings, posters, banners, vehicle etc. ] Ceiling for See rule 90 of the CE Rules, 1961 Max-PC- 70 lacs AC-28 lacs Illegal expenditure [Distribution of money, Gifts, liquor or any other item among electors with the purpose of influencing them] Such type of election expenses of the candidate and political party have to be stopped through 5 monitoring
MAJOR LEGAL PROVISIONS RELATED TO RP ELECTION EXPENDITURE MONITORING A Sec 10 A : Disqualification for failure to lodge account of election expenses Sec 77(1): Account of Election Expenses and maximum thereof Explanation 1(a) of Sec 77(1): Leaders of a Political party (Star Campaigners) • Failure to lodge an account of election expenses within time and manner required by law and has no good reason or justification for the failure • Disqualification for a period of three years from the date of order of the Commission CT , 1 95 1 • Candidate/Election agent shall keep a separate, correct account of election expenditure incurred/authorized between date of nomination & declaration of results (both date inclusive). • The Expenditure incurred by leaders of the political party on account of travel by air or by any other means of transport for general party propaganda Learning Module of RO/ARO 6
MAJOR LEGAL PROVISIONS RELATED TO RP ELECTION EXPENDITURE MONITORING A Explanation 1(a) of Section 77(1) contd…. Explanation 2 of Sec 77(1) Sec 78 : Lodging of account with District Election Officer CT • Such expenditure shall not be deemed to be the expenditure in connection with the election incurred or authorized by the candidate of that political party. , 1 95 • Maximum number of leaders of political parties- (i) For recognized party, a list of 40 names and (ii) for unrecognized party, a list of 20 names are required to be communicated to the ECI and CEOs of the States by the political party within a period of 7 days from the date of notification. • Within 30 days from the date of result, contesting candidate has to lodge with DEO “true copy” of election expenses kept by him/election agent (if 30 th day is Sunday/public holiday then next working day will be the 30 th day for lodging of account) Learning Module of RO/ARO 7 1
MAJOR LEGAL PROVISIONS RELATED TO Co EEM Ele nduc 19 ction t of 61 R • Account of election expenses to be kept by ules, Rule 86: Particula rs of account of election expense s candidate/election agent to contain following items regarding daily election expenditure: • Date of expenditure incurred/authorized • Nature of expenditure • Amount of expenditure – amount paid and amount outstanding • Date of payment • Name and address of payee • Serial no. of voucher in case already paid • Serial number of bills in case of payment outstanding • Name and address of person to whom amt. outstanding is payable • All vouchers to be lodged along with election expense account chronologically and serially numbered 8
MAJOR LEGAL PROVISIONS RELATED TO Co EEM Ele nduc 19 ction t of 61 Ru les , Rule 87: Notice by [DEO] for inspection of accounts • Within two days of receipt of accounts, DEO to affix a notice specifying date on which accounts were lodged, name of candidate and time and place where accounts can be inspected Rule 88: Inspection of accounts and obtaining copies thereof • Any person can inspect accounts lodged by candidates on payment of Re. 1 fee • Entitled to obtain attested copies of accounts/any part of such account lodged on payment of fee as fixed by ECI 9
TO RECALL THE MAJOR LEGAL PROVISIONS Co Ele nduc RELATED TO EEM to ct 19 ion f 61 Ru les , Rule 89: Report by the [DEO] on lodging of account of election expenses and the decision of the ECI thereon • (1) After expiration of the time as prescribed under Sec. 78 regarding lodging of accounts, DEO shall report to ECI specifying: • Name of each contesting candidate • The date on which it was lodged • Whether a/c lodged in time and in manner required by the Act and the Rules • (2) If not lodged in manner, then DEO shall forward the account of such Candidate to ECI attaching the account of expenses and vouchers • (3) Publish copy of report on his notice board • (4) ECI to consider the report as to whether a/c is lodged in time and in the manner • (5) Commission issues notice to the candidate u/s 10 A of RP Act 1951. if account is not lodged in time and manner 10
TO RECALL THE MAJOR LEGAL PROVISIONS Co RELATED TO EEM CONTD. n Ele duc Ru ction t o les , 1 96 within 20 1 Rule 89: cont d. • (6) Candidate to represent in writing days of receipt of notice to ECI with a copy to DEO together with complete a/c of his election expenses, if he had not earlier furnished. • (7) DEO shall forward representation and account (if any) of the candidate within 5 days of receipt of the representation with his comments as he wishes to ECI • (8) If, after considering representation and comments of the DEO and after such enquiry as it thinks fit, ECI is satisfied that the candidate has no good reason or justification for the failure to lodge his account, it shall declare him to be disqualified u/s 10 A for a period of 3 years from the date of the order to be published 11
THE LEGAL PROVISIONS RELATED TO ELECTION EXPENDITURE MONITORING RP ACT, 1951 Election Expenditure above ceilinga corrupt practice • Any expense by candidate over and above the ceiling prescribed under rule 90 of C. E. Rules, 1961 • Election petition against any winning candidate in High Court on the ground of incurring expenditure in excess of maximum ceiling. 12
THE LEGAL PROVISIONS RELATED TO ELECTION EXPENDITURE MONITORING Sec 127 A: Restrictions on the printing of pamphlets, posters, etc. RP ACT, 1951 • The following acts amount to an electoral offence: • Election pamphlet/poster which does not bear the name & addresses of the printer /publisher • Declaration as to the identity of the publisher is to be sent to the printer signed by publisher and attested by 2 persons personally known to him • Copy of the declaration and the document should be sent by the printer to the CEO/District Magistrate as per location • Imprisonment upto 6 months or fine up to Rs. 2000 or both 13
PROVISIONS OF INDIAN PENAL CODE, 1860 171 -B: Any person giving or accepting gratification to induce a person to exercise his electoral right would commit the offence of bribery. Gratification – Offering gratification, agreeing to give gratification, attempting to procure gratification for doing an act against one’s will shall be deemed as giving gratification. 171 C : Any Act which voluntarily interferes or attempts to interfere with the free exercise of any electoral right. 171 H: Expenditure done by any person/ organization for a candidate without his written permission would be considered illegal whether the expenditure is in relation to a public meeting, advertisements, publication or in any other way. 14
ELECTION EXPENDITURE: CASE LAW The Hon’ble Supreme Court in L. R. Shivaramagowde Vs. T. M. Chandrashekhar - has observed thatØ The ECI can go into the correctness of the account of election expenses filed by the candidate, and Ø Disqualify a candidate under section 10 A of the Representation of the People Act, 1951 in case the account is found to be incorrect or untrue. Supreme Court decision in Ashok Shankarrao Chavan. Vs. Dr. Madhavrao Kinhalkar & Ors. , Madhu Koda Vs ECI, dated 5 th May, 2014, had observed – ``Sec. 10 A clothes the ECI with the requisite power and authority to enquire into failure to submit the account of election expenses in the manner prescribed and as required by or under the act`` 15
ELECTION EXPENDITURE: CASE LAW CONTD. and it upheld the Commission’s decision regarding disqualification of Umlesh Yadav u/s 10 A, a returned candidate from 24 -Bisaulli AC, Uttar Pradesh, General Election to Uttar Pradesh Legislative Assembly, 2007. Ø Kanwar Lal Gupta Vs Amar Nath Chawla (AIR 1975 SC 308) is guiding principle to distinguish between the expenditure of a party and the candidate of that party. Ø Common Cause Vs UOI & Ors. (1996 SC 3081) lodging of expenditure accounts by the political party- within 75/90 days of completion of Assembly/Lok Sabha election (ECI letter no. 76/EE/2012 -PPEMS, dated 21. 01. 2013) Ø 16
MODES OF TRANSPORT OF CASH Ø In ambulance vans Ø In bonnet of the car Ø Inside door panels of the car Ø On roof top of buses Ø In police vans Ø In Helicopters Ø In Trains Ø Inside Newspapers Ø Inside party flags( rolled inside the stick)
Illegal ways of wooing electors 1. Cash in envelopes in newspapers pushed beneath the door of the elector. 2. Inside Morning Milk pouch, along with cash in an envelope. 3. Through Self Help Groups for onward distribution among women electors. 4. Through pawnbrokers by reimbursing the short term loan taken by electors, by mortgaging jewellery. 5. Paying cash as incentive for not casting vote by the committed voters of rival candidate, if such voter shows finger without indelible ink after election. 6. Cash given in advance before notification of election to the local leaders for distribution among electors. 7. Cash given through community feasts under the plate or banana leaf. 8. Cash given in the name of MGREGA, DWACRA and other government projects. 9. Cash given to dummy candidates for using the permission obtained by them for the campaign vehicles or political agents.
21. Cash transferred through RTGS route of banks to the a/c’s. 22. Cash given to the youth clubs on the eve of elections for organizing cricket match, football match. 23. Cash given for charity like organizing medical camp, melody party, theatres etc. , on the eve of elections. 24. Distributing TVs, video recorders & projectors to village clubs. 25. Giving cash for constructing toilets, tubewells or mobile h phone leaders. 26. Organizing mass marriage functions during election process and bearing the entire cost of marriage. 27. Distributing SUVs or Luxurious vehicles to appease local party leaders. 28. Reimbursing fuel bills through negotiated deals with petrol pumps. 29. Promising jobs for the unemployed youth in the academic institutes or companies of the candidate. 30. Organizing religious functions like “Prabachan”
31. Distribution of free books to the students, just before elections. 32. Free admission to children of influential voters of a locality in Engineering College medical or college by run the candidate. 33. Distributing free cows or buffalos among voters before election. 34. Distributing free agriculture seeds and manures among the voters. 35. Distributing free solar lamps among the rural voters. 36. Distributing diaries/calendars/purse/T-shirt/sarees/ vanity bags. 37. Using ‘Aarthiyas’ (commission agents) for distribution of cash among farmers or waiving commission demanded form them 38. Cash given to religious leaders or leaders of a caste for ensuring votes of their followers. 39. Distribution of liquor, drugs, poppy husks among the voters.
MODES OF TRANSPORT OF CASH Ø In ambulance vans Ø In bonnet of the car Ø Inside door panels of the car Ø On roof top of buses Ø In police vans Ø In Helicopters Ø In Trains Ø Inside Newspapers Ø Inside party flags( rolled inside the stick)
PREVENTIVE METHODS FOR CURBING THE USE OF BLACK MONEY Ø Campaign for “Ethical voting” through Media Ø Involvement of school/college students and Booth level Awareness Groups(BAGs) in spreading the message against bribery during elections. Ø Involving Civil Society Organizations, RWA. NYKs etc. , Ø Announcement through Public address system fitted on the vehicles of the Flying Squads that both giving or taking bribe for casting votes is a punishable offence. Ø Separate Bank account by each candidate.
Mechanism for Election Expenditure Monitoring in Elections 24
NEW EXPENDITURE MONITORING MACHINERY Ø Expenditure 25 Observer (EO) Ø Asst. Expenditure Observer (AEO) Ø Flying Squad and Static Surveillance Teams (FS and SST) Ø Video Surveillance Team (VST) Ø Video Viewing Team (VVT) Ø Media Certification and Monitoring Committee (MCMC) Ø Accounting Team Ø Liquor monitoring Team Ø ESCs and ESPs
MEETING WITH POLITICAL PARTIES Ø DEO convenes a meeting of all the recognised Political Parties within 3 days of announcement of election about the Instructions of the Commission for explaining the legal provisions and giving a copy of the compendium of instructions, Ø He discusses about the various rates of expenditure and considers their suggestions before notification of rates, Ø CEO will arrange facilitation training at State Level on Expenditure Monitoring Measures for the representatives of all registered political parties of the state, to explain various legal
TWO TRAINING PROGRAMMES The DEO will arrange two facilitation trainings for all election agents/candidates through the Exp. Monitoring Cell First, immediately on the day of scrutiny of nomination in presence of Expenditure Observers to acquaint them with the legal provisions, procedures for filling up the forms and registers and dates of inspection of accounts, Second, within a week before the final date of submission of accounts in presence of Asst. Exp. Observers ( i. e. , after 20 days of declaration of results) with all election agents/candidates/personnel engaged in his office for receiving the accounts, regarding the procedure for filling up the forms of Abstract Statements of Election Expenses and affidavits, consequences for failure and other
EXPENDITURE OBSERVER (EO) ØYou 28 are responsible for overall supervision of expenditure monitoring for two or more Assembly segments. You have to inspect functioning of different teams engaged in expenditure monitoring and inspect the accounts of the candidates ØAt least one Expenditure Observers for each district but shall not have not more than five ACs ØAssistant Expenditure Observer for each constituency. AEO also assists the EO and DEO in preparation of scrutiny report
ROLE OF DEO Ø After announcement of election, he shall make an appeal to public to avoid carrying huge amount of cash during election process, Ø He is responsible for training of the manpower engaged in Expenditure monitoring and election agents. Ø He shall provide logistical support to all the teams Ø He is responsible for notification of rates of various campaign items after due discussion with political parties Ø He shall get the abstract statement of accounts of candidates scanned and put in website within 3 days of receipt
NOTIFICATION OF RATES FOR ASSESSMENT OF EXPENDITURE The list of these rates would be given by the RO to the candidates at the time of filing of nomination papers, § If the rate of any item is not available in the list, the candidate/election agent, if they wish, may apply with the DEOs to notify the rates for such items as well and the DEOs will take appropriate steps to notify them, § Any objection regarding the quantum of such rates has to be made to the DEO within 24 hours of notification, § To obtain airing charges from media houses with reference to campaigning through electronic media. § 30
EXPENDITURE MONITORING CELL (EMC) This cell at district level will consist of a Nodal Officer on behalf of DEO, of the rank of SDM/ADM and two officials, who will be in charge of Expenditure monitoring training and coordination with all other team heads engaged in expenditure monitoring, § It will be responsible for providing manpower and logistical support like space and equipments, etc. , Training of the Asstt. Expenditure Observers (AEOs) and all the officials engaged in various teams should be done by these Nodal Officers of Expenditure Monitoring Cell in the District as soon as the elections are announced, §
EXPENDITURE MONITORING CELL (EMC) Training of candidates and agents twice- one, on date of scrutiny and another after two weeks of declaration of result This cell will keep custody of all shadow observation registers and folders of evidence after the poll, Nodal Officer of Expenditure Monitoring Cell shall act as the link between the DEO and the EO, EMC will assist the DEO and Expenditure Observer in finalizing the scrutiny report to be
VIEWING TEAMS(VVT)& ACCOUNTING TEAM • Minimum One official, one videographer and one vehicle in each VST • Properly trained to identify and capture MCC and expenditure related events in adequate minute details as required, • This team will prepare a video cue-sheet in the format given at Annexure-7 of the instructions. Video Surveillance Team (VST) • In VVT-1 officer and 2 clerks (or as required) for each assembly segment , as viewing all CD’s is a time consuming task, • Submit report containing candidate wise expenditure no later than next day to Accounting Team/ Asst. EO, on public rally including the vehicle numbers, number of chairs, size of Dias, audio system, posters , banners, helicopter expense, media advertisements etc. , • Accounting team enters expenditure incurred by the candidate on major expenses and corresponding notified rates against each item( major public meetings/rallies) in the Shadow Observation Register, 33
24 X 7 • A Dist. Level MCMC comprising DEO/RO (of Parliamentary Constituency), ARO (not below SDM), Central Govt. I&B Official(if any) and 1 citizen/ journalist nominee of Press Council of India/ DPRO or DIO equivalent- member secy. • Certifying advt. proposals of candidates, • Scanning media for suspected ‘paid news’ and examination of complaints, reference by EO. • RO to issue notice to candidate within 96 hrs. and on receipt of reply from candidate Dist. Level MCMC to decide expeditiously & convey decision to candidate. If he/she does not reply within 48 hrs of recpt. of notice, then Distt. MCMC’s decision is final. • Infrastructure – in separate room - 3 -4 TVs with cable, all newspapers including local, 34
SEPARATE BANK ACCOUNT 1. 2. 35 The candidate to open a separate bank account for election expenditure, at least one day prior to filing of his nomination papers. It can be opened in joint name of the candidate and his election agent, anywhere in the state. This Bank account can not be opened jointly by the candidate with spouse or other relatives, if they are not the election agent of the candidate. The account can be opened in any bank, including co -operative banks and Post Office. At the time of filing nomination, the candidate will communicate the account number of this bank account to the RO in writing. All the election expenses of the candidate should be met from this bank account. 3. 4. 5.
SHADOW OBSERVATION REGISTER (SOR) & FOLDER OF EVIDENCE (FE) SOR is for each Contesting Candidate in a constituency (ANNEXURE-11 of the Instructions). To record all expenses incurred on major events(public meetings/rallies etc. , ) towards election campaign, All expenditure recorded to be supported by CD/Video evidences(proper referencing) held in FE and to be cross- checked during Inspections Signatures of candidate/ authorized agent to be taken The SOR & FE to be handed to the Dy. DEO by the EO for safe custody before leaving the constituency, 36 under receipt.
PREVENTIVE MEASURES : FLYING SQUADS 3 or more FS per AC. FS- to attend to all complaints related to election expenditure & MCC Take immediate action on receipt of complaints which will provide complete contact details of complainant Receive complaints forwarded by Distt. Complaint Monitoring Cell or forwarded from CEO Office Wherever not possible to reach within ½ hour, send SST or local SHO and monitor action taken by the officials 37
STATIC SURVEILLANCE TEAMS (SST) • There shall be three or more Static Surveillance Teams in each AC with one magistrate, 3 -4 Police personnel and one videographer. • They will be responsible for putting the check post on major road/arterial road to check movement of illegal cash/liquor/arms or gift items There should be surprise element in putting the check posts so that one can not anticipate about its placement. The Flying Squad of the district will supervise the posting of the Static Team/Check Post so as to avoid any harassment of public. • Checking by SSTs from the date as decided by ECI ( generally from the date of notification of election) •
STATIC SURVEILLANCE TEAMS The entire activity at the check post should be video graphed and the DVD handed over to Accounting Team, for keeping in `folder of evidence`. § Any member of public may ask and take copy the Video DVD/CD for a particular day by depositing Rs. 300/-. § It will submit a Daily Activity report in prescribed format (Annexure-9) to SP, RO and Assistant Expenditure Observer § The Nodal Officer at Police Headquarters at State level will compile the Daily Activity reports of Flying Squads and Surveillance Team and send to the CEO and Commission. EO to have coordination meeting with all law enforcement agencies of district and the teams. §
STANDARD OPERATING PROCEDURE : SOP During checking by SSTs, if any cash exceeding Rs. 50, 000 is found in a vehicle carrying a candidate, or his agent or party worker or carrying posters or election materials or any drugs, liquor, arms or gift items(valued more than Rs. 10, 000) which are likely to be used for inducement of electors or any other illicit articles are found in a vehicle, the same shall be subject to seizure. Whole event of checking/seizure to be video graphed by video team submitting CD to R. O. , An Appeal is to be made by DEO and CEO in local language through Flying Squads / media regarding the enforcement measures & advising the public and political functionaries not to carry huge cash during election process.
RELEASE OF SEIZED CASH v To avoid inconvenience to public and genuine persons and also for redressal of their grievances, if any, a committee shall be formed comprising three officers of the district, namely, v i) CEO, Zila Parishad/CDO/PD, DRDA v ii)Nodal Officer of EEM in DEO’s office(Convenor) and v iii)District Treasury Officer v The Committee shall suo motu examine each case of seizure made by Police/SST/FS and where Committee finds that no FIR/ complaint filed against the seizure or not linked with any candidate /political party, as per SOP, it shall take immediate steps to order release of such cash to person concerned after passing a speaking order to that effect. v The procedure of appeal against seizure should be mentioned in the seizure document v All cases of seizure should be intimated to Committee
VISIT OF EXPENDITURE OBSERVER 1 st visit: To reach the constituency on the day of notification of elections for a duration of 3 days. To leave the constituency after submitting the poll preparedness (Report-I ) 2 nd Visit: To reach on the date immediately after the date of withdrawal of candidature and remain in the constituency during entire campaign period and leave the constituency only after the completion of poll. ( Report II and III) 3 rd visit: To reach distt. HQ on 25 th day from the day of e declaration of nt to and result Account Reconciliation Meeting and to assist the DEO in preparation of Scrutiny Report of each candidate properly and enter his comments. ( All reports to be uploaded on Obs Portal and singed copy to be sent to the Commission by post)
INSPECTION OF ACCOUNTS OF ELECTION EXPENDITURE Candidates are required to produce their accounts for Inspection 3 times or more before the Expenditure Observer (EO) or any officer authorized by him. The RO will notify 3 dates & timing well in advance in consultation with EO for inspection of election expenditure accounts maintained by candidates, RO will ensure that the latest Instructions of the Commission on expenditure monitoring are given to the candidates, in local language, All the teams should be trained as per the latest Instructions on EEM.
INSPECTION OF ACCOUNTS Gap 44 between the two inspection should not be less than 3 days and inspection to be done in such a way that major portion of expenses are covered under inspection, Candidate can have a separate agent for election expenses, Inspection to be done in the office chamber of RO or any other Office room NOT AT THE GUEST HOUSE between 10 AM to 5 PM, Publicity has to be given about the contact number of EO and time of inspection,
INSPECTION OF ACCOUNTS The Accounting Team alongwith the AEO to be present with Shadow Observation Register and folder of evidence during inspections, The details of excess expenditure, if any found based on evidences gathered, must be recorded in writing on the register maintained by the candidate and also on the SOR/FE and signatures of candidate/Agent obtained on both. It must be counter signed by EO/AEO and RO / Accounting team head,
INSPECTION OF ACCOUNTS Instances 46 of suspected Paid News will also be noted in the register, RO to issue notice to candidate on the same day on all such discrepancies and also on all advertisements / Paid News, A photocopy of the accounts maintained by the candidates should be obtained after each inspection and RO will display a copy on the notice board Scanned copy of the day to day a/c of candidate to be uploaded in the DEO`s portal with link to CEO`s website after each inspection.
INSPECTION OF ACCOUNTS Notice 47 to be issued to candidate in case of failure to produce accounts for inspection and FIR to be filed if failure continues (Sec 171 -I of IPC), Withdrawal of permission for use of campaign vehicle, if the failure continues in spite of notice, Intimation of such withdrawal of permission to the Flying Squad to take the vehicle out of campaign, Any member of Public can obtain copy of Shadow Observation Register after inspection, notices and replies by candidates on payment of Re. 1/- per page.
DISTRICT EXPENDITURE MONITORING COMMITTEE ( DEMC) DEMC consists of Ex. Observer, DEO and Dy. DEO/In charge of EEM of the District In case of discrepancy in the accounts, the RO to issue notice to the candidate In case the candidate accepts, the same shall be added to his expense If, candidate disputes within 48 hours, the matter shall be decided by DEMC consisting of EO, Dy DEO, within 72 hrs in writing and a copy will be issued to the candidate
DISTRICT EXPENDITURE MONITORING COMMITTEE (DEMC) The candidates will be given another opportunity to reconcile the under stated amount, if any, in the Account Reconciliation Meeting, to be convened by DEO on 26 th day after the declaration of result DEMC, after scrutinizing the accounts, shall pass order in writing giving detailed reasons in cases where the differences could not be reconciled and serve it on the candidate/ agent on the same day. If candidate agrees, he may incorporate the same in his final accounts. If he disagrees, he may lodge his final accounts with DEO, with the reasons for disagreement in a letter.
DISTRICT EXPENDITURE MONITORING COMMITTEE (DEMC) If candidate has already lodged his accounts prior to Account Reconciliation Meeting, he may revise it within the statutory period. If candidate does not file his account without any valid reason within stipulated period, the DEO shall call for the explanation of candidate suo motu and send the report to Commission along with the reply of the candidate and his recommendations. Even after Account Reconciliation Meeting, if there is disagreement, then the DEO shall forward the Scrutiny Report to Commission with his recommendations, DEMC Order, Certified copies of registers, bills/ vouchers and due evidences.
ASSISTANT EXPENDITURE OBSERVER One Asst. Expenditure Observer (AEO) for each Assembly segment: § AEO’s should be from Income Tax, Central Excise, Audit and Accounts or Central PSUs - of the rank Group ‘B’ Central Govt. Officers. § AEOs are appointed from date of announcement of election by DEO. § He would assist the Expenditure Observer and the DEO in scrutiny of the account election expenses submitted after the declaration of result.
PUBLIC MEETINGS/RALLIES Format for applying for permission to hold public meeting/ rally is given in Annexure -16 Candidate has to mention date time, duration and location of such meeting/rally along with expenditure plan for obtaining due permission This is necessary for maintenance of law and order and proper video recording of events.
STAR CAMPAIGNERS All Passengers going by private aircrafts/helicopters will be frisked both in airports and airstrips The candidate or Party shall inform about travel plan of the aircraft/helicopter 24 hrs in advance for landing and take off in non commercial airports, to DEO for security purpose Candidate shall inform the RO concerned within 5 days of landing about the hiring charges paid or payable for helicopter /air craft and name of the pol. Party in case hiring charges borne by it. List of Star campaigners to be submitted to CEO and the Commission within 7 days of the notification
STAR CAMPAIGNER Travel expenses of star campaigners of allied party are not exempt If Star campaigner travels with candidate(s), then 50% of the travel expense will be added/apportioned to the expenditure of candidate(s) If candidate shares the Pandal with the Star Campaigner or his photo or poster with his name is exhibited in the meeting, then the meeting expense will be added to his account If any attendant, security guard or medical attendant of Star campaigner or any member of the party, who is not a candidate in the constituency concerned, or any representative of electronic/print media travels with him, then travel expenses of such star campaigner shall not be added to the account of candidate provided they do not play any role in election campaign of the candidate.
RALLY EXPENSES All public rallies and Public meetings (even before notification and after announcement) to be videographed Rally expense for filing nomination to be included Public who attend the rally in their own vehicle without receiving any payment or without any flag, banner or photo of candidate not to be included Commercial vehicles used for rally to be included in expense Notional cost of fuel and driver salary of one Personal vehicle used by the candidate to be added (Notional cost of hiring in case of more than one personal vehicle used) One vehicle of district level party officer ( Not being the candidate) exempted
MONITORING OF VEHICLES Candidates to submit before the RO details of vehicles proposed to be used and obtain permission in writing Permission letter to be displayed on the wind screen of vehicle Permission given to a particular candidate being used by another, vehicle to be seized and exp. For entire period to be added to the account of candidate using it If a candidate does not intend to use campaign vehicle for more than 2 days , he should intimate RO for withdrawal of permission , otherwise expenditure as per notified rates will be added to his account.
MONITORING OF VEHICLES Candidates to submit before the RO details of vehicles proposed to be used and obtain permission in writing Permission letter to be displayed on the wind screen of vehicle Permission given to a particular candidate being used by another, vehicle to be seized and exp. For entire period to be added
OTHER INSTRUCTIONS: If candidate attends a community kitchen, during election campaign, (other than those organized by religious communities and normal ceremonies like marriage etc, ) the entire expenditure will be added as his election expenditure, If the vehicle permitted to any independent candidate or any other candidate is found carrying campaign material of another candidate or being used for campaign for any other candidate, the entire expenditure on the vehicle from the date of permission will be added to the candidate using it for his campaign and permission will be withdrawn
OTHER INSTRUCTIONS Political parties to file part expenditure statement in respect of the lump sum payments made to the candidate, within 30 days after declaration of results. In the interest of transparency and accountability, candidates shall not receive any donation /loan in cash, in excess of Rs 20, 000 from a single person/entity during election process( only through cheque/ draft). Expenditure on vehicles permitted for a candidate, if found being used by another candidate, shall be added to the account of the candidate using them and such permission shall be withdrawn immediately.
MONITORING PRODUCTION, STORAGE AND DISTRIBUTION OF LIQUOR From the date of announcement of election, the production, off-take, stock limits of stockists and retailers of IMFL/Beer/country liquor are to be monitored district wise, Opening and closing of liquor vending shops are to closely monitored, Intensive vigil over inter state movement of vehicles at RTO check-posts and border check-posts by special enforcement staff of Excise Deptt. , To conduct raids to seize illicit liquor, Inter state coordination of Excise Commissioners of the bordering states, District level Nodal Officer to submit report every alternate day to DEO, Exp. Observer and State Level Nodal Officer, who will compile the state level report to Commission and CEO (Annex. 22).
Other Monitoring Measures The bookings of marriage halls/ Mandaps to be monitored, Distribution of gift items/cash coupons to be closely monitored, Unusual cash deposit/ withdrawal in account of SHGs and NGOs, Disbursal of wages under ongoing Government schemes only in presence of Government officials during elections. Bank reports of Cash withdrawal above Rs. 10 lakh. FIU to send Suspicious cash withdrawal report to Income tax Deptt. on real time basis. The Directorate of Revenue Intelligence to keep watch on International Airports and Enforcement Directorate on cash movement BSF and SSB to keep greater vigil on border.
DEO’S SCRUTINY REPORT : ( ANNEX-21) Sl. no. 8, prescribed format: - Whether candidate has submitted his Expenditure Register ( Part A, B, C), Abstract Statement (Part I to IV, with Schedules 1 to 9) along with Affidavit sworn in by candidate before Magistrate of first class or Oath Commissioner or Notary Public, vouchers of expenses singed by candidate/Agent, Self certified copies of the Bank Account, At no. 10(a) of DEO`s Report: - DEO has to mention as to whether items of expenses reported by candidate tally with those shown in Shadow Observation Register. If there is understatement or candidate has not mentioned any expenses then it has to be shown in relevant columns of 10(b) with proper evidences collected by various teams on Expenditure Monitoring kept with the DEO. Sl.
DEO’S SCRUTINY REPORT : ( ANNEX-21) Some flaws observed in Scrutiny Report: 1. Delayed submission of accounts 2. Account not in manneri. Vouchers not Submitted/Signed. ii. Bank Statement not Submitted/Signed. iii. Abstract Statement not submitted. iv. Understatement of expenses( At variance with SOR) v. Separate Bank Account not opened All transactions not routed though Bank Account vii. The details given in Scrutiny Report of candidate does not match with the Summary report vi.
DEO’S SCRUTINY REPORT : ( ANNEX-21) Ø Some payments above Rs. 20, 000 not made through cheque. ( Payment exceeding Rs. 20, 000 to an individual entity to be made through cheque only) Ø Not concurring with DEO’s notified rate chart Ø Expenses on vehicles are sometimes accounted for by the accounting team twice, resulting in double entry. Ø Expenses borne by party for general party propaganda are included in candidate’s account. Ø Mistake in totaling the expenses. Ø Contradiction in reports(Candidate wise and Summary). Agrees in one but disagrees in another —Item no. 8, 10, 11, 12, 13, 14 and item no. 5, 6, 8, 9 &10 Resp.
SOP: CHECKING OF HELICOPTERS/ AIRCRAFT As per Bureau of Civil Aviation Security Instruction during election process proper frisking and pre embarkation, checking of all persons, screening/ physical checking of baggage to be done( Annexure-53) CISF to inform the Income Tax dept. if cash above 10 lacs/ bullion is detected in poll bound states, No prior permission for landing/ take off at commercial airports from DEO. But ATC to keep records of all such pvt. Aircrafts/ helicopters and make available such information to the CEO within 3 days of landing or takeoff. The CEO to share this information with EO for accounting purpose. Responsibility of DM/SP to prevent transport 65 of unauthorised arms, contraband goods, suspicious money etc. , in general aviation/chartered aircrafts and aircrafts
SOP: CHECKING OF HELICOPTERS/ AIRCRAFT For airstrips not used for commercial purposes applications to be made to the DEO concerned 24 hrs in advance by candidate or pol. Party, Every candidate shall inform the RO concerned in writing, regarding the details of expenditure incurred on hiring such crafts and name of pol. Party if party has borne the expenses Pol. Parties to inform the ECI within 75 days (for Assembly elections) and in 90 days ( for 66 PC) after completion of election, details of expenses borne on such hiring of crafts.
CHECKING AT NON-COMMERCIAL AIRPORTS No body – frisking of any passenger at the time of deplaning. All baggage coming out of private/chartered helicopters to be checked No separate entry/exit for passengers of private/chartered helicopters, all subject to CISF checking At remote/uncontrolled airports/helipads, application to be made by candidate/political party at least 24 hours before landing, mentioning details of place of landing, names of passengers etc. , However , if a request for change of helicopter is received, at the last moment, it will be dealt by DEO on priority basis and decision communicated within 3 hours of receipt of such request.
ROLE OF INCOME TAX DEPARTMENT To gather intelligence/ keep watch over movement of cash in the constituency and take necessary action under IT Laws To watch all airports of the state, major railway stations, hotels, farm houses, hawala agents, financial brokers, Cash couriers, Pawn brokers If cash seized is more than Rs 10 lakh, it should invariably be brought to the notice of IT officials. IT Deptt. will open Air Intelligence Units in all airports of the poll bound states and also shall keep vigil over movement of cash through aircrafts/ helicopters leading to poll bound states, To verify asset and liability of candidates with IT return
ROLE OF INCOME TAX DEPARTMENT To promptly reach the spot, where cash is found by the Flying squad and take necessary steps To act on FIU reports sent during election process To verify cash withdrawal reports exceeding Rs. 10 lakh, sent by DEO To send seizure reports to Commission every alternate day and final report at the end of poll To download the affidavits on assets and liability of the candidates, investigate and report Type A and Type B cases, where there is suppression of information Type A cases: where there is suppression of assets or liability in the affidavits (45 days) Type B cases: where there is large scale evasion of tax ( Six months)
Dos and Don'ts q Don’t take family q Don’t talk to press, Do keep eyes and ears open, but not the mouth q Don’t make undue demands on admn. and avoid intoxication in public places q Don’t leave constituency or travel outside constituency without permission q Don’t indulge in loose talk either about candidate or party q Don’t ask for exemption q Do send reports as per schedule and leave constituency only after uploading the reports q Do see the Observer portal for any new instruction (Some instructions in Compendium may undergo change) 70 q If not satisfied with functioning of any official, report to ECI.
Amudha IAS TN NEW INDIAN EXPRESS Election Commission the real hero in TN polls Express News Service 14 May 2011 CHENNAI: "Terror of money power contained in TN. Tamil honour vindicated. Thanks to EC. Bravo. "
TRY THIS ! Expenditure will never exceed the ceiling limit ! He will know how to balance earnings & expenditure!
TELEFAX NO. / E-MAIL ID FOR REPORTING Sh. Avinash Kumar, Secretary (EE Div. ) - Tel: 011 23052055, Mob-9868911976 avinash. kr@eci. gov. in. Sh. Malay Mallick, Secretary (EE Div. ) - Tel: 011 23052058, Mob-9868113451 malay. mallick@eci. gov. in. Sh. S. K. Rudola, Principal Secretary , 011 -23052149, Fax: 011 - 23052049, Mob-9013308437 (e-mail: skrudola@eci. gov. in) Sh. N. C. Swain, Director, 011 -23052009 Fax: 01123052003, Mob-09013851493 (e-mail: ncswain@gmail. com) Address-Nirvachan Sadan, Ashoka Road, New Delhi-01
धनयव द ! THANKS 74
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