Briefing of Master Trainers

On Election Expenditure

Monitoring [EEM]

General Elections to Legislative Assembly of Bihar, 2015

The spirit of democracy is not a mechanical thing to be adjusted by abolition of forms. It requires change of hearts. Democracy is something that gives the weak the same chance as strong. –

Mahatma Gandhi

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The US Secretary of the state, Hillary Clinton was more justified when she said during her visit to India in 2012,

"India's Election Commission is viewed as a global standard for running democracy."

It is truly the greatest show on Earth, an Ode to a diverse and democratic ethos, where 700 million + of humanity vote, providing their small part, in directing their ancient civilisation into the future.

It is no less impressive when done in a neighbourhood which includes destabilising and violent Pakistan, China and Burma.

V. Mitchell , New York Times

USE OF MONEY POWER

Without Money, Multi-party democracy cannot function

But ‘Money Power’ involves certain risks:

Uneven Playing field and lack of fair competition,

Political Exclusion – Certain sectors face disadvantage,

Co-opted politicians under campaign debts, as they act as pressure group to influence policy of government

Tainted Governance and Rule of Law undermined.

Excessive, illegal & illegitimate expenditure in elections is the root cause of corruption

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MONITORING: RELATED ISSUES

Carrying cash is not illegal under any Law but huge cash transaction creates suspicion

If it is undisclosed, Income Tax Department can seize

If it is out of illegal foreign exchange, ED can seize

If it is suspected to be for bribery, terror, theft, narcotics etc, Police authorities can seize

NOTHING OFFICIAL ABOUT IT…

Ceiling Limit for a candidate

Is there any Celing Limit for an Agent of Candidate?

So,….

LEGAL PROVISIONS :

The Representation of the People’s Act, 1951 The Conduct of Elections Rules, 1961Instructions of CommissionIndian Penal Code, 1860Income Tax laws

TYPES OF ELECTION EXPENDITURE

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Expenditure permissible under the law [public meetings, posters, banners, vehicle etc.]

Illegal expenditure [Distribution of money, Gifts, liquor or any other item among electors with the purpose of influencing them]

Ceiling forSee rule 90 of the CE

Rules, 1961Max-PC- 70 lacs AC-28 lacs

Such type of expenditure of election expenses of the candidate is stopped

Election expenditure can be classified into two types on the basis of legal provisions

MAJOR LEGAL PROVISIONS RELATED TO ELECTION EXPENDITURE MONITORING

Learning Module of RO/ARO 9

RP ACT, 1951

MAJOR LEGAL PROVISIONS RELATED TO ELECTION EXPENDITURE MONITORING

Learning Module of RO/ARO 10

RP ACT, 1951

MAJOR LEGAL PROVISIONS RELATED TO EEM

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Conduct of Election Rules,

1961

MAJOR LEGAL PROVISIONS RELATED TO EEM

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Conduct of Election Rules,

1961

TO RECALL THE MAJOR LEGAL PROVISIONS RELATED TO EEM

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Conduct of Election Rules,

1961

TO RECALL THE MAJOR LEGAL PROVISIONS RELATED TO EEM contd.

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Conduct of Election

Rules, 1961

THE LEGAL PROVISIONS RELATED TO ELECTION EXPENDITURE MONITORING

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RP ACT, 1951

THE LEGAL PROVISIONS RELATED TO ELECTION EXPENDITURE MONITORING

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RP ACT, 1951

PROVISIONS OF INDIAN PENAL CODE, 1860

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PROVISIONS OF THE INDIAN PENAL CODE, 1860

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ELECTION EXPENDITURE: CASE LAW The Hon’ble Supreme Court in L. R.

Shivaramagowde Vs. T.M. Chandrashekhar - AIR 1999 SC 252 has observed that the Election Commission of India:

Can go into the correctness of the account of election expenses filed by the candidate, and

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.

Grounds:1. The candidate does not lodge an account of

election expenses in time and manner.2. The account lodged by the candidate is incorrect

and untrue.19

ELECTION EXPENDITURE: CASE LAW contd.

The Hon’ble Supreme Court decision in SLP no. 29882 of 2011 Ashok Shankarrao Chavan Vs. Dr. Madhavrao Kinhalkar & Ors., SLP no. 14209 of 2012 Madhu Kora Vs. Election Commission of India and SLP no. 21958 of 2013 Smt. Umlesh Yadav Vs Election Commission of India & Ors. Dated 5th May, 2014.

``Sec. 10A 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``

SCI has upheld the Commission’s decision regarding disqualification of Umlesh Yadav u/s 10A, a returned candidate from 24-Bisaulli AC, Uttar Pradesh, General Election to Uttar Pradesh Legislative Assembly, 2007. 20

ELECTION EXPENDITURE: CASE LAW contd. 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.

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)

Rahim Khan Vs Khursheed Ahmed and Ors. (*AIR 1975 SC 290) –Timely enforcement is as important as rule of law as making of legislation- ECI Order no. 3/9(ES 008)/94 JS-II dated 2nd Sept. 1994 regarding strict enforcement of Sec. 127A of R. P. Act, 1951 like indicating name and address of publisher and printer in print line of any pamphlet, poster other materials and sending printed materials to appropriate authority within 3 days of printing. Printer shall obtain declaration in prescribed format from publisher in Appendix A and send to the DEO/CEO.

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Illegal ways of wooing electors1. 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.10.Cash given to certain non-serious persons of a locality to contest to divide

votes of rivals.

11. Cash given to Leaders of rival political parties, rival candidates not to seriously campaign in elections.

12. Black Money raised by party/candidate in name of coupon sale.

13. Cash given to the polling agents of rivals candidates, to be silent, during counting.

14. Cash given to village headman for ensuring votes.15. Cash given to village fund on the eve of election for

construction of road or temple or school, etc.16. Distributing Cash among the Ladies who come for “Aarti” to

candidate.17. Distributing Cash for those who come to attend public rally

arranged by party or candidate.18. Making Cash payment for the vehicles or Trucks for ferrying the

voters to the place of rally or to the polling booth.19. Cash given to journalists or media men to write positively about

the candidate or to write pessimistic news of rivals.20. Cash given to journalists/media men to blackout the news

about the rivals or to publish negative news.

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 phone

with top up cards or laptops to the voters or local 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” Ramayan”

“Hanuman Chalisha” etc. before elections.

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 or medical college run by 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.40. Organizing rallies with film stars /musicians/orchestra, important

personalities in aircrafts or helicopters to the constituency and not showing the correct expenditure.

41. Giving SIM Card talk time to electors42. Giving Rs. 500 Note rolled up inside a ball pen/stem of party

flag

Modes of Transport of Cash

In ambulance vansIn bonnet of the carInside door panels of the carOn roof top of busesIn police vansIn HelicoptersIn TrainsInside Newspapers

Preventive methods for curbing the use of Black Money

Campaign for “Ethical voting” through Media

Involvement of school/college students and Booth level Awareness Groups(BAGs) in spreading the message against bribery during elections.

Involving Civil Society Organizations, RWA. NYKs etc.,

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.

Separate Bank account by each candidate.

Mechanism for Election Expenditure Monitoring in Assembly Elections

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MEETING WITH POLITICAL PARTIES

DEO will have a meeting with all recognised Political Parties within 3 days of announcement of election about the Instructions of the Commission and explain the legal provisions and give a copy of the compendium of instructions,

He will also discuss the various rates of expenditure and consider their suggestions before notification of rates,

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 provisions including the procedures.

NOTIFICATION OF RATES FOR ASSESSMENT OF EXPENDITURE

1. The list of these rates would be given by the RO to the candidates at the time of filing of nomination papers,

2. 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,

3. Any objection regarding the quantum of such rates has to be made to the DEO within 24 hours of notification,

4. To obtain airing charges from media houses with reference to campaigning through electronic media.

5. There can be different rates for rural and urban areas in a state.

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Learning Module of RO/ARO 32

RATES OF ITEMS TO BE FIXED AFTER CONSULATATION WITH POLITICAL PARTIES:

TWO TRAINING PROGRAMMES

The DEO will arrange two facilitation trainings at his own office for all election agents/candidates through the Exp. Monitoring Cell ,

One, 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 legal provisions. Candidates/agents will also be apprised of the Account Reconciliation Meeting to be held on 26th day after the date of declaration of results.

NEW EXPENDITURE MONITORING MACHINERY

Expenditure Observer (EO)Asst. Expenditure Observer (AEO)Flying Squad and Static Surveillance

Teams (FS and SST)Video Surveillance Team (VST)Video Viewing Team (VVT)Media Certification and Monitoring

Committee (MCMC)Accounting TeamLiquor monitoring Team

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VST

Expenditure monitoring control

room

Expenditure Monitoring Cell

DEMC&MCMC

(Dist./ State Level) Accounting

Team(SOR / FE )

VVT

F S- complaints of cash

transactions /freebies

24x7 Call Centre

DEO Expenditure Observer

R.O.

Public meeting/Rally

Illegal Expenditure.

AEO

SST – Check post

monitoring teams

EXPENDITURE OBSERVER (EO) EO is responsible for overall supervision of expenditure monitoring.

He is deployed for two or more Assembly segments, but not more than five ACs.

More No. of EOs and AEOs for Expenditure Sensitive Constituencies(ESCs)

He will inspect functioning of different teams engaged in expenditure monitoring in each constituency and inspect the accounts of the candidates

He will coordinate with various law enforcement agencies of Income tax, Police, BSF/SSB, State Excise and DRI

He may change AEO ( deployed for each AC), if found unsuitable.

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EXPENDITURE OBSERVER(Contd.) The EO shall reach the Constituency/ district

HQ on the day of notification for the duration of 3 clear days.

Shall again visit, second time on the date immediately after withdrawal of candidatures and shall leave after the poll.

For his third visit, he has to visit district HQ on 25th day after the declaration of result and stay for 8 clear days to assist DEO in preparation of Scrutiny Report.

He should be present in the Account Reconciliation Meeting, convened by DEO on 26th day after the declaration of result.

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ROLE OF DEO After announcement of election, he shall make appeal

to public to avoid carrying huge amount of cash during election process,

He shall give wide publicity about the 24X7 - Call centre and District Complaint monitoring Cell,

He shall involve BAGs, NYKs, NSS, and other citizen forums for ethical voting and getting information about distribution of cash /gift items for inducement of electors

He shall appeal to public and students for ethical voting and educate them that both receiver and giver of bribe are liable for punishment as per law,

He shall convene Account Reconciliation Meeting on 26th day after declaration of result, for giving another opportunity to candidates to reconcile the under stated amount of election expenses, if any.

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 expenditure monitoring efforts in the district, providing manpower and logistical support like space and equipments,

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, after scrutiny of nomination for proper maintenance of accounts and another after one week before declaration of result for proper submission of accounts. In second meeting, the officials responsible for receiving the accounts, shall also be present.

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 submitted after declaration of result.

VIDEO SURVEILLANCE TEAM

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VIDEO SURVEILLANCE TEAM

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VIDEO VIEWING TEAM

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VIDEO VIEWING TEAM

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ACCOUNTING TEAM

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ACCOUNTING TEAM

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DISTRICT LEVEL MCMC – TO OPERATE 24X7

MCMC In case of suspected ‘Paid News’, the

candidate to be issued notice for not accounting the expenses within 96 hours by RO

Candidate may reply within 48 hrs, which shall be considered by District MCMC and shall be final.

In case of non acceptance of the decision of District MCMC, the candidate may appeal to State level MCMC within 48 hours of receipt

In case of non acceptance of decision of State MCMC, the Candidate may appeal to ECI within 48 Hrs. of receiving of orders and the decision of the ECI shall be final.

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MONITORING OF CAMPAIGN THROUGH MEDIA:MCMC

SEPARATE BANK ACCOUNT

1. The candidate to open a separate bank account for election expenditure, at least one day prior to filing of his nomination papers.

2. It can be opened in joint name of the candidate and his election agent, anywhere in the state.

3. 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.

4. The account can be opened in any bank, including co-operative banks and Post Office.

5. 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.

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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, under receipt.

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EXPENDITURE SENSITIVE CONSTITUENCY(ESC)EXPENDITURE SENSITIVE POCKETS (ESP)

ESC to be identified by CEO, based on profile of constituency and candidates

More FSs and SSTs with CPF ESP to be identified by Sector officers or

police in a constituency based on level of education, development and demography

ESPs to be kept under close watch all the time

ESPs to have 24X7 check post during last 72 hours before poll

ESPs need more campaign for ethical voting Liquor sale to be closely monitored in ESPs

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FLYING SQUADS (FS)

Three or more FS per AC to function from date of announcement till completion of Poll.

In expenditure sensitive constituencies, more than three teams to be formed.

The FS and SST not be given any other work from announcement to completion of poll.

To have one Magistrate, 3 or 4 police officials and one videographer in each FS and SST with proven integrity.

Telephone numbers to be provided to the Complaint Monitoring Control room & Call Centre

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FLYING SQUADS (FS) Contd.

On receiving complaint of Distribution of cash, liquor etc. FS shall immediately reach and seize items if suspected to be for bribing of electors and record statements of witnesses / persons. The entire proceedings to be video recorded.

If FS can not reach the spot immediately due to distance, it will ask the nearest SST or the local police to reach

The copy of complaint/ FIR shall be sent to the AEO, DEO, SP.

In ESC/ ESP CPF, State Armed Police may be mixed in FS and SST

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STATIC SURVEILLANCE TEAMS (SST)• SST shall start functioning from the date of notification of election.• 3 or more SSTs in a constituency or as required, comprising of one

magistrate, 3-4 Police personnel or CPFs and one videographer.• To put check posts on major roads/ESPs, • Border roads of district and state by check posts to check movement of

illegal cash/liquor/arms or gift items • Before last 72 hrs of poll, to put check posts in roads connecting ESPs,

as identified• The team should be polite and courteous during checking.• Seizure to be done with proper panchnama/ acknowledgement•

STATIC SURVEILLANCE TEAMS (Contd.)• FS or SST to pass on information to the

Income Tax Dept. for independent action in case of cash above Rs 10 lakh

• There should be surprise elements 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 or any law and order situation arising near check post.

• SST check posts in 3 shifts

STATIC SURVEILLANCE TEAMS(Contd.) 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.

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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 CASH The Committee comprising of i) CEO, Zila

Parishad/CDO/P.D., DRDA; ii) Nodal Officer of EEM in Distt. Election Office and iii)District Treasury Officer shall suo- motu examine each case of seizure made by Police/SST/ FS.

If no FIR/ complaint has been filed regarding seizure or seizure is not linked to any candidate/ political party or any election campaign, as per SOP, it shall take immediate step to release such cash to person concerned after passing speaking order.

The procedure of appeal against seizure should be mentioned in the seizure document.

Wide publicity about functioning of this Committee. If release of cash is more than Rs. 10 lac, Nodal

Officer of I.Tax to be informed before such release.

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INSPECTION OF ACCOUNTS OF ELECTION EXPENDITURE

Candidates are required to maintain their Day to Day accounts and produce 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 such inspection.

Gap between the two inspection should not be less than 3 days.

Candidate can have a separate agent for election expenses,

Inspection to be done in the office chamber of RO between 10AM to 5PM.

Publicity has to be given about the contact number of EO and time of inspection,

INSPECTION OF ACCOUNTS (CONTD.)The Accounting Team along with the AEO

to be present with Shadow Observation Register and folder of evidence during inspections,

The details of suppressed expenditure found, if any, 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( CONTD.) Instances 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.

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INSPECTION OF ACCOUNTS( CONTD.)Notice 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.

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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 within 72 hrs in writing and a copy will be issued to the candidate(whether to add the suppressed expenditure in the account of candidate or not )

District Expenditure Monitoring Committee (DEMC) Contd….

Candidates shall be given another opportunity in Account Reconciliation Meeting, to be convened by DEO on 26th day after declaration of result, to reconcile the under stated amount of election expenses, if any.

The candidates should come prepared with their final accounts of election expenses and registers, etc.,

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 not, he may lodge his final accounts with DEO, with reasons for disagreement giving letter to DEO.

If account lodged prior to this meeting, the candidate may revise his accounts within the statutory period of 30 days

24 X7 DISTRICT COMPLAINT MONITORING CELL District level Control Room to operate from the date

of announcement of election.Toll free telephoneNo. With 3-4 hunting lines.Copies of all complaints received and reports of

inquiries conducted shall be put on the notice board of the RO for information of the Public. Any member of the Public can obtain copies of these documents on payment of a fee of Re. 1 per page.

All complaints filed with DISTRICT LEVEL Complaint Monitoring cell to be recorded and investigated

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PUBLIC MEETINGS/RALLIESFormat 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.

PRINTING PAMPHLETS, BANNERS AND POSTERS

The print and electronic media, cable network and FM radio will be closely monitored

Prior approval of CEO before any broadcast or telecast

Press or publisher’s name and address, number of copies and amount charged to be mentioned in all printed material including media advertisements and sent to DEO immediately

Advertisement in Print media to be covered under section 127A of RP Act,1951 (copy of the printed material and declaration from the publisher to be sent by the printer to CEO or DEO)

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

Advertisement in electronic and Print Media Electronic Media Advertisements:

Prior approval of CEO before any broadcast/telecast in electronic media, cable network and FM radio (As per Supreme Court Judgment)

Print Media Advertisements:Press or publisher’s name and address and amount charged to be mentioned in all printed material including media advertisements and sent to DEO immediately

Advertisement in Print media to be covered under section 127A of RP Act,1951 and media must collect a declaration signed by the publisher, attested by two persons (copy of the printed material and declaration from the publisher to be sent by the printer to CEO or DEO within 7 days).

Punishment for violation is imprisonment up to 6 months or fine

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

MONITORING PRODUCTION, STORAGE AND DISTRIBUTION OF LIQUOR

From the date of announcement of election till completion 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).

All distilleries/ warehouses shall be put under 24x7 CCTV monitoring with police guard so that no liquor is released without license.

Other Monitoring MeasuresThe 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. Bank reports of Cash withdrawal above Rs. 10 lakh. FIU to send Suspicious cash withdrawal report to FIU to send Suspicious cash withdrawal report to

Income tax Deptt. on real time basis. Income tax Deptt. on real time basis. The Directorate of Revenue Intelligence to keep The Directorate of Revenue Intelligence to keep

watch on International Airports and Enforcement watch on International Airports and Enforcement Directorate on cash movementDirectorate on cash movement

BSF and SSB to keep greater vigil on border. BSF and SSB to keep greater vigil on border.

LODGING OF ACCOUNTS OF ELECTION EXPENSES:

Candidates are required to lodge their accounts of election expenses with the DEO within 30 days of declaration of result along with the register of election expenses (U/s. 78 of the RP Act,1951)

Documents required to be filed:1. Part I to Part IV of Abstract statement (along with Schedule 1 to

9) signed by the candidate , (Revised format)2. Certified Copy of Bank statement ,3. Bank Register and Cash Register,4. Affidavit signed by the candidate,4. Register of Day-to-day Accounts with all bills and vouchers in

original duly signed, 5. Copies of expenditure related notices issued by RO and

replies to such notices and6. Replies to discrepancies pointed out at the time of Inspection,

E- FILING OF ABSTRACT STATEMENT OF ACCOUNT

Facility of e- filing of Abstract Statement can be used by candidates without any cost.

Willing candidates can avail this facility by logging into ECI website through internet.

Available in Hindi and English. Candidates can take free assistance of EC Return

Preparers(ECRP), trained by Commission. After e- filing, candidates can take print out of the

statement and Affidavit, sign on all pages and get the Affidavit notarised and send them to DEO with all the bills and vouchers, bank statement of account opened for election expenses, Day to Day account Register etc.,

Same facility for political parties for submitting their accounts of election expenses after 75/90 days after Assembly/ Lok Sabha elections.

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AFFIDAVIT OF ASSET AND LIABILITY To file Affidavit of Asset and Liability along with nomination

of self, spouse and dependant children as per revised format, Affidavit to contain:

I. Actual value and cost of addition to Immovable assets along with Market value, II. Bank Deposits and Shares,III. Actual liabilities including Govt. dues and disputed liabilitiesIV. PAN of self, spouse and children and Income Tax paid as per last return,V. Cases pending and Conviction Orders obtained

Affidavit are to be scanned and uploaded to web site of CEO within 24 hrs of receiving.

.

DEO’S SCRUTINY REPORT : ( ANNEX-21) At 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,

Sl. 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.

SOP: CHECKING OF HELICOPTERS/ AIRCRAFT

The Bureau of Civil Aviation Authority Instruction vide its OM dt. 14.02.12 ( Annexure-53)

During election process proper frisking and pre embarkation, checking of all persons, screening/ phy. Checking of baggage to be done,

CISF to inform the Income Tax dept. if cash above 10lacs/ 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.

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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 AC) and in 90 days ( for PC) after completion of election, details of expenses borne on such hiring of crafts. 83

Checking at non-commercial airportsNo body – frisking of any passenger at

the time of deplaning.All baggage coming out of

private/chartered helicopters to be checked

No separate entry or exit for passengers of private/chartered helicopters – all subject to CISF checking

Commercial airlines to report regarding movement of cash through check-in baggage

ROLE ASSIGNED TO 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

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 To verify, whether all parties have filed return

OBSERVERS FEEDBACK ON T NADU ELECTIONS

In rural areas and in slums, the people on seeing the news on TV, become aware that taking money for voting in election was a punishable offence which may entail one year imprisonment or fine or both.

In many places free gifts like sarees, dhoties etc., left at the doorsteps of the people by political parties were thrown on the streets or brought to the notice of election authorities!

Amudha IAS TN

NEW INDIAN EXPRESSElection Commission the real hero in TN pollsExpress News Service14 May 2011 CHENNAI: "Terror of money power contained in TN. Tamil honour vindicated. Thanks to EC. Bravo."

Am

ud

ha

IAS

TN

TRY THIS

Expenditure will never exceed the ceiling limit ! Balancing earnings & expenditure!

TELEFAX NO. / E-MAIL ID FOR REPORTING Sh. Avinash Kumar, Under Secretary (EE Div.)

- Tel: 011 23052055, Mob-9868911976 avinash.kr@eci.gov.in . Sh. Malay Mallick, Under Secretary (EE Div.)

- Tel: 011 23052058, Mob-9868113451 malay.mallick@eci.gov.in .

Sh. S.K. Rudola, Secretary , 011-23052149, Fax: 011- 23052049, Mob-9013308437

(e-mail: skrudola@eci.gov.in) Sh. N.C. Swain, Director, 011-23052009Fax: 011- 23052003,

Mob-09013851493

(e-mail: ncswain@gmail.com)

In case of urgency:- Sh. P. K. Dash, DG (Exp.) Tel. 011 23356025, Fax: 011-

23318506, Mob-09868301742

e-mail: prasana.dash@eci.gov.inAddress- Nirvachan Sadan, Ashoka Road, New

Delhi-01

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धन्यवा�द !THANKS