Professional Documents
Culture Documents
Briefing of Expenditure Observers
Briefing of Expenditure Observers
Monitoring [EEM]
Briefing of Expenditure
Observers
Assembly Elections in
Tamil Nadu, West Bengal,
Kerala, Assam and Puducherry
2016
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
Ceiling for
See rule 90 of the CE Rules, Such type of election expenses
1961 of the candidate and political
Max-PC- 70 lacs party have to be stopped
AC-28 lacs through monitoring 5
1
6
95
T, 1
10A : LEGAL PROVISIONS RELATED TO
EXPENDITURE MONITORING
AC
• Candidate/
RP
(both date
Explanation 1(a) of
account of election
Election Expenses
for
MAJOR
failure to lodge
Campaigners)
Disqualification
expenses
Sec
51
• Such
19
expendi
CT,
ture
MAJOR LEGAL PROVISIONS RELATED TO
77(1) contd…. EXPENDITURE MONITORING A
politica
Sec 78 : Lodging of
Explanation 1(a) of
Election Officer
77(1)
s,
u le
6 1 on R f
o
TOElEEM
ecti uct
8
nd
19
9
TO EEEM
inspect accounts
Co
lodged by
of receipt of
candidates on
accounts, DEO to
LEGAL PROVISIONS RELATED
payment of Re.1
affix a notice
fee
specifying date
• Entitled to
on which
accounts were obtain attested
lodged, name of copies of
candidate and accounts/any
time and place part of such
where accounts account lodged
can be inspected on payment of
fee as fixed by
ECI
obtaining copies
87: Notice
by [DEO] for
inspection of
Inspection of
accounts and
accounts
Rule 88:
thereof
MAJOR
Rule
TO
s,
ule
61 on R f
cti t o
10
TO RECALL THE MAJOR LEGAL PROVISIONS RELATED
Ele nduc
Co
19
decision of
on lodging
of election
of account
the [DEO]
Report by
expenses
Rule 89:
the ECI
thereon
and the
Ru ction t o
1
Ele duc
96
,1
n
11
TO RECALL THE MAJOR LEGAL PROVISIONS
Co
les
contd.
Rule
89:
12
ELECTION EXPENDITURE MONITORING
practice
13
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
•
RP ACT, 1951
posters, etc.
pamphlets,
Sec 127A:
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.
171 I: If the candidate/his election agent does not maintain an
account of his election expenditure in the manner specified by ECI
ELECTION EXPENDITURE: CASE LAW
The Hon’ble Supreme Court in L. R. Shivaramagowde Vs. T.M.
Chandrashekhar - has observed that-
The ECI 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.
Supreme Court decision in Ashok Shankarrao ChavanVs. Dr.
Madhavrao Kinhalkar & Ors., Madhu Koda Vs ECI, dated 5th May,
2014, had observed –
``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`` 15
ELECTION EXPENDITURE: CASE LAW
CONTD.
and it 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.
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) 16
Modes of Transport of Cash
In ambulance vans
In bonnet of the car
Inside door panels of the car
On roof top of buses
In police vans
In Helicopters
In Trains
Inside Newspapers
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.
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
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 legal provisions. The
candidates/agents shall also be apprised of the Account Reconciliation
Meeting to be held on 26th day after the date of declaration of results
EXPENDITURE OBSERVER (EO)
You 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
At least one Expenditure Observers for each
district but shall not have not more than five ACs
Assistant Expenditure Observer for each
constituency. AEO also assists the EO and DEO
in preparation of scrutiny report
ROLE OF DEO
After announcement of election, he shall make an
appeal to public to avoid carrying huge amount
of cash during election process,
He is responsible for training of the manpower
engaged in Expenditure monitoring and election
agents.
He shall provide logistical support to all the teams
He is responsible for notification of rates of
various campaign items after due discussion with
political parties
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.
Rates for refreshment/ lunch/dinner/Daily allowance for
agents/ workers and for installing kiosks on poll day shall also
be taken into account.
EXPENDITURE MONITORING CELL (EMC)
Receive complaints
3 or more FS per forwarded by Distt.
AC.FS- to attend to all Complaint
complaints related to Monitoring Cell or
election expenditure & forwarded from
MCC CEO Office
Wherever not
Take immediate action
possible to reach
on receipt of
within ½ hour, send
complaints which will
SST or local SHO
provide complete
and monitor action
contact details of
taken by the
complainant
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.
Amudha IAS TN
14 May 2011