Transcript State of preparedness for General Election to Bihar

Election Expenditure
Monitoring [EEM]
USE OF MONEY POWER
Without Money, Multi-party democracy cannot
function
But ‘Money Power’ involves certain risks:

Uneven Playing
competition,
field
and

Political Exclusion – Certain sectors face
disadvantage,

Co-Opted politicians under campaign debts,

Tainted Governance
undermined.
and
lack
Rule
of
of
fair
Law
2
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
3
MONITORING: RELATED ISSUES





Carrying cash is not illegal under any Law
and is not anathema to regular business
But if it is undisclosed,
Department can seize
Income
Tax
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
No new law for seizure
“MANIFESTO OR MONEYFESTO”

If you promise to give (Manifesto),
it’s ok but if you actually give
( distribute), its not ok…
People know our politicians well..
so they don’t go by “manifesto” but
they go by “ moneyfesto”

NOTHING OFFICIAL ABOUT IT…
Ceiling Limit
for a
candidate
Is there any
Celing Limit
for an
Agent of
Candidate?
So,….
!
Excessive,
illegal & illegitimate
expenditure in elections is the
root cause of corruption.
Where election expenses
(legal/illegal) come from?
 Through cash donations from large,
medium and small companies
 Through 'cuts' from funds allocated to
public-private
partnership
(PPP)
projects, large civic works
 Funds from business houses in locality
 Various funds meant for public works
and also from tender approvals
 Transfers of officials
WHERE MONEY GOES?
Posters and banners
 Wooing voters: gifts like food, clothes, trips and individual
benefits.
 Rent-a-crowd: price ranging from Rs 100 to Rs 500.
 Dummy candidates: to cut into the rival's votes.
 Commuting costs: Provision of petrol and diesel for
campaigners
 Temporary offices: On an average, Rs 10,000 to Rs 15,000 a
day
 Full-time party workers: Each candidate has at least 100150 full-time party workers - paid daily ranging from Rs
200 to Rs 1,500.
 Transport: To ferry voters jeep/taxi costs from Rs 6,000 to
Rs 10,000 a day for meetings/rallies.

Tamil Nadu elections : VIDEO
Let
us watch a video on the cash
seizures made during general
elections
to
Tamil
Nadu
Assembly.
11
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

:
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
Expenditure
See rule 90 of the CE
Rules, 1961
Illegal
expenditure
[Distribution of money, Gifts,
liquor or any other item
among electors with the
purpose of influencing them]
Such
type
of
expenditure of election
expenses
of
the
candidate is stopped
13
MAJOR LEGAL PROVISIONS RELATED TO ELECTION
EXPENDITURE MONITORING
Sec 10A:
Disqualification for
failure to lodge
account of election
expenses
• Failing to lodge an account of election
expenses within time and manner
required or has no good reason or
justification for the failure
• Disqualified for a period of three
years
Sec 77: Account of
Election Expenses
and maximum
thereof
• Candidate/Election agent shall keep
an separate, correct account of
election
expenditure
incurred/authorized between date of
nomination & declaration of results.
Sec 78 : Lodging of
account with District
Election Officer
• Within 30 days from the date of
election, contesting candidate should
lodge with DEO “true copy” of
election expenses kept by him/election
agent
Learning Module of RO/ARO
14
MAJOR LEGAL PROVISIONS RELATED TO
EEM
Rule 85B:
Form of
Contributi
ons
Report
• Report
for
any
financial
year
to
be
submitted by treasurer of party in Form
24A to the ECI, but before due date for
furnishing return of income for that year.
15
MAJOR LEGAL PROVISIONS RELATED TO
EEM
Rule 86:
Particulars
of account
of election
expenses
• Account of election expenses to be kept by
candidate/election agent to contain following
items w.r.t daily 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 lodged along with election
expense account chronologically and serially
numbered
16
MAJOR LEGAL PROVISIONS RELATED TO
EEM
Rule 87:
Notice by
[DEO] for
inspection of
accounts
Rule 88:
Inspection of
accounts and
obtaining
copies thereof
• 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
• 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
17
TO RECALL THE MAJOR LEGAL PROVISIONS
RELATED TO EEM
Rule 89:
Report
by the
[DEO] as
to the
lodging
of
account
of
election
expenses
and the
decision
of the
ECI
thereon
• (1) As specified regarding lodging of
accounts,
DEO to send report to ECI specifying:
• Whether candidate has lodged account of
expenses and if so, the date on which it was
lodged
• If account lodged in time and in the manner
• (2) If not lodged in time and manner, attaching
the account of expenses and vouchers
• (3) Publish copy of same on notice board
• (4) If accounts not lodged in time or in right
manner, ECI issues show cause notice to candidate
under Sec 10A of R.P.Act,1951
• (5) Candidate to send response to notice within 20
days to ECI and copy to DEO
• (6) DEO to forward the copy to ECI with comments,
if any, within 5 days of receipt
• (7) If ECI finds no valid justification in candidate’s
representation, shall disqualify for 3 years from
date of order and publish in Official Gazette
18
THE LEGAL PROVISIONS RELATED TO ELECTION
EXPENDITURE MONITORING
RP ACT, 1951
Sec 127A:
Restrictio
ns on the
printing of
pamphlets
, posters,
etc.
• Election pamphlet/poster which does not
bear the name & addresses of the printer
/publisher shall not be printed
• 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 /fine up to
Rs. 2000/ both
19
Provisions of the Indian Penal Code, 1860
171 E –
Punishment for
bribery
• one year imprisonment or fine or both.
20
171 B – Bribery
• 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 shall be deemed as giving
gratification.
171 C – Undue
influence at
elections
171 F –
Punishment for
undue
influence at
elections
• Any Act which voluntarily interferes or
attempts to interfere with the free
exercise of any electoral right.
Lear
ning
Mod
ule
of
DEO
• one year imprisonment or fine or both.
PROVISIONS OF THE
INDIAN PENAL CODE, 1860
171 H – Illegal
payments in
connection with
an
election
• 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 – Failure
to keep election
accounts
• If the candidate does not maintain an
account of his election expenditure in
the manner specified by ECI
Punishment for
not maintaining
accounts
• A fine up to rupees 500.
21
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 and22
untrue.

1. Cash in envelopes in morning newspapers pushed beneath the door of
the voter.
2. Inside Morning Milk pouch, along with cash in an envelope to the voter.
3. Through Self Help Groups (SHG) for onward distribution among women
voters.
4. Through pawnbrokers by reimbursing the short term loan taken by
voters, by mortgaging jewellery.
5. Paying cash as incentive for not casting vote by the committed voters of
other rival candidate, if such voter shows his finger without indelible ink
after election.
6. Cash given in advance before notification of election to the local leaders
for distribution among voters.
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.
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13.
14.
15.
16.
17.
18.
19.
20.
Cash given to Leaders of rival political parties, rival candidates not
to seriously campaign in elections.
Black Money raised by party/candidate in name of coupon
sale.
Cash given to the polling agents of rivals candidates, to be silent,
during counting.
Cash given to village headman for ensuring votes.
Cash given to village fund on the eve of election for construction
of road or temple or school, etc.
Distributing Cash among the Ladies who come for “Aarti” to
candidate.
Distributing Cash for those who come to attend public rally
arranged by party or candidate.
Making Cash payment for the vehicles or Trucks for ferrying the
voters to the place of rally or to the polling booth.
Cash given to journalists or media men to write positively about
the candidate or to write pessimistic news of rivals.
Cash given to journalists/media men to blackout the news about
the rivals or to publish negative news.
21.
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23.
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25.
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30.
Cash transferred through RTGS route of banks to the a/c’s.
Cash given to the youth clubs on the eve of elections for
organizing cricket match, football match.
Cash given for charity like organizing medical camp, melody party,
theatres etc., on the eve of elections.
Distributing TVs, video recorders & projectors to village clubs.
Giving cash for constructing toilets, tubewells or mobile phone
with top up cards or laptops to the voters or local leaders.
Organizing mass marriage functions during election process and
bearing the entire cost of marriage.
Distributing SUVs or Luxurious vehicles to appease local party
leaders.
Reimbursing fuel bills through negotiated deals with petrol
pumps.
Promising jobs for the unemployed youth in the academic
institutes or companies of the candidate.
Organizing religious functions like “Prabachan” Ramayan”
“Hanuman Chalisha” etc. before elections.
31.
32.
33.
34.
35.
36.
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38.
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40.
Distribution free books to the students, just before elections.
Free admission to children of influential voters of a locality in
Engineering College or medical college run by the candidate.
Distributing free cows or buffalos among voters before election.
Distributing free agriculture seeds and manures among the voters.
Distributing free solar lamps among the rural voters.
Distributing diaries, calendars, purse, T-shirt, sarees and vanity
bags.
Using ‘Aarthiyas’ (commission agents) for distribution of cash
among farmers or waiving his commission demanded form the
farmers.
Cash given to religious leaders or leaders of a caste for ensuring
votes of their followers.
Distribution of liquor, drugs, poppy husks among the voters.
Organizing rallies with film stars, musicians, orchestra, important
personalities in aircrafts or helicopters to the constituency and not
showing the correct expenditure.
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

Preventive methods for curbing the use
of Black Money
 Campaign
for “Ethical voting” through
Media
 Announcement
through Public address
system fitted on the vehicles of the Flying
Squads
 Separate Bank account by each candidate
 Involvement of school and college students in
spreading the message against bribery during
elections
 Involving Civil Society Organisations, RWA.
NYKs etc
Let
us watch a video on
ethical voting!
30
Mechanism for
Election Expenditure
Monitoring in
Assembly Elections
31
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
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.
1.
33
RATES OF ITEMS TO BE FIXED AFTER CONSULATATION
WITH POLITICAL PARTIES:
Loudspeaker with
amplifier and
microphone
Cloth banner, Cloth
flags, Hand bills,
Posters,
Video Cassettes/CDs,
Audio Cassettes/CDs,
podium or Pandal
of standard sizes,
Hoardings, Cut
outs (wooden),
Cut outs
(Cloth/plastic),
Daily hiring
charges of
vehicles (all types
of vehicles),
chairs, tables and other
furniture, electrical
fittings/equipments,
Print media
advertisements
and DAVP rates
Audio slots on Radio &
AV on TV, cable TV,
State & National Level
Learning Module of RO/ARO
TV Channels
Any other item
commonly used in
a district.
34
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.

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)
 Accounting Team
 Media Certification and Monitoring
Committee (MCMC)
 District Expenditure Monitoring
Committee (DEMC) Liquor monitoring Team
36
DEO
Expenditure Observer
Expenditure
Monitoring Cell
R.O.
MCMC
(Dist./ State Level)
DEMC
VVT
VST
Public
meeting/Rally
Accounting Team
(SOR / FE )
AEO
Expenditure monitoring
control room
24x7 Call Centre
SST – Check
post monitoring
teams
F S- complaints of
cash transactions
/freebies
Illegal Expenditure.
EXPENDITURE OBSERVER (EO)
38
To be appointed by the Commission.
 EO’s are responsible for overall supervision of
expenditure monitoring for two or more Assembly
segments.
 They will train the Asst. Expenditure Observers and
inspect functioning of different teams engaged in
expenditure monitoring in each constituency
 They will coordinate with various law enforcement
agencies of Income tax, Police, BSF/SSB, State Excise
and DRI
 They will assist the DEO in preparation of scrutiny
report
STRUCTURE AND FUNCTIONS
 Expenditure
Observers for each district not more than
five Assembly constituencies
 Assistant
Expenditure Observer for each constituency
 More
number of Observers and Assistant Observers in
ESC (Expenditure sensitive constituency)
 More
number of Flying Squads and Static Surveillance
teams with man power from central Govt. and central
PSUs and CPF
ROLE OF DEO
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 NYKs, NSS and other citizen forums
to get information about distribution of cash and other
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 punishable as per law,
 He shall be responsible for training of the manpower
engaged in Expenditure monitoring teams and election
agents.

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,
 First training of the Asstt. Expenditure Observers (AEO’s)
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)
First training of the Asstt. Expenditure Observers (AEO’s)
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,
 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
Video
Surveillance
Team (VST)
• Minimum One official, one videographer and one vehicle
• Can be more than 1 team at a public meeting,
• Properly trained to identify and capture MCC and
expenditure related events in adequate minute details as
required,
• At the beginning of shooting, the team will record in
voice mode the title and type of event , date, place and
the name of the party or the candidate organizing the
same.
• It will capture the photo in such a way that the evidence of
each vehicle, furniture, rostrum, banner, cutout etc.
can be seen clearly and the expense thereon can be
estimated,
• At the end of shooting, the team may also record in voice
mode the estimated number and type of vehicles,
Chairs,
furniture,
approx
size
of
rostrum/banner/poster/cutout etc. used in the event.
• This team will prepare a video cue-sheet in the format
given at Annexure-7 of the instructions. This cue-sheet
contains the highlights of the recording with date and time.
Therefore it should be ensured by the team that the time
and date set up in the camera is correct.
43
VIDEO VIEWING TEAM
Video
Viewing
Team
(VVT)
• 1 officer and 2 clerks (or as required) for each
assembly segment ,as viewing all CD’s is a time
consuming task,
• View Video CD provided by VST for identifying
election expenditure and MCC related issues,
• 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 and Paid News, names of
candidates
• MCC related report to General Observer and RO
44
ACCOUNTING TEAM
Accounting
Team
• One official and one accounting clerk per
segment
• Drafted from employees of accounts wing of
Central Govt. depts.
• Work under Asst. EO, involved in
preparation
of
Shadow
Observation
Register and maintaining videos/ CD
evidences carefully in Evidence Folder. To
maintain proper back-up which can be
called by Commission later.
• Will enter expenditure incurred by the candidate
on major expenses and corresponding notified
rates against each item( major public
meetings/rallies) in the Shadow Observation
Register, reported by various teams and
calculate the total expenditure of the event
observed for each candidate.
45
MONITORING OF CAMPAIGN THROUGH MEDIA:MCMC
Print
Media
Electronic
Media
Local
Newspapers
Radio including
Private FM
Other
newspapers in
circulation in
area
TV channels,
cable network
Magazines
Bulk SMS
Pamphlets &
Posters
46
DISTRICT LEVEL MCMC – TO OPERATE 24X7
• 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 .
• EO to report to ECI immediately on Paid News
• Infrastructure – in separate room - 3-4 TVs with
cable, all newspapers including local,
47
SEPARATE BANK ACCOUNT
1.
2.
48
The candidate is required 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 cooperative banks and Post Office.
At the time of filing the 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. The candidate shall also submit a
certified copy of the account statement after the poll.
3.
4.
5.
6.
SHADOW
(SOR) &
OBSERVATION
REGISTER
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

49
The SOR & FE to be handed to the Dy.DEO by the
EO for safe custody before leaving the constituency,

PREVENTIVE MEASURES : FLYING SQUADS
FS- to attend
to all
complaints
related to
election
expenditure &
MCC
Receive
complaints
forwarded by
Distt.
Complaint
Monitoring
Cell or
forwarded
from CEO
Office
Take
immediate
action on
receipt of
complaints
which will
provide
complete
contact details
of complainant
Wherever not
possible to
reach within ½
hour, send SST
or local SHO
and monitor
action taken
by the officials
50
FLYING SQUADS
All action
taken by
FS/SST/Local
SHO to be
videographed
Complainant
to be
contacted in
case of
clarification
FS- report
action taken
to District
Control
Room/ Call
Centre
Forward
Daily Report
(in Ann.
prescribed)
to SP & DEO
and copy to
AEO
51
STATIC SURVEILLANCE TEAMS (SST)
•
There shall be two 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.
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.

Criminality is determined,
Banner/poster/v
oter slip/any
campaign
material
along with cash or
gift
Arms or illicit
items along with
cash or gift
Cash(more than
50,000) in
custody of any
candidate/agent
/party official
being carried in
a vehicle or
any other modus
operandi
leading to crime
54
Utmost care to ensure all politeness,
decency and courtesy
Seizure has
to be done
with proper
Panchnama/
Acknowledge
ment
The FIR to be
Copy
authority lodged and forwarded to
whom to also put in
SP, DEO,
Exp.
appeal and notice board
procedure
of RO.
Observer,
for appeal
Nodal Officer
of Police and
must be
mentioned in
Police
Observer
the seizure
order
(If any)
55
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.

Visit of Expenditure Observer
To reach the constituency on the day of notification of
elections,
 EO to leave the constituency after submitting the poll
preparedness report-I,
 2nd Visit on 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 and
sending his Report-III,
 3rd visit after 30 days from declaration of results to
assist in finalisation of scrutiny report prepared by
DEO. He will send his final(IV) Report after that.

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
59
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 10AM to 5PM,
 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/EF and signatures of candidate/Agent obtained on
both. It must be counter signed by EO/AEO and RO /
Accounting team head,
 Commission considers the comments of Expenditure
Observer in the register at the time of
disqualification proceedings.

INSPECTION OF ACCOUNTS
 Instances
of suspected Paid News will also be
noted in the register,
to issue notice to candidate on the same
day on all such discrepancies and also on all
advertisements / Paid News,
A
61
 RO
photocopy of the accounts maintained by
the candidates should be obtained after each
inspection and RO will display a copy on the
notice board
INSPECTION OF ACCOUNTS
 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),
62
 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.
REGISTRES MAINTAINED BY CANDIDATES TO
BE CHECKED DURING INSPECTIONS

Register for maintenance of day to day a/c’s of election
expenses by contesting candidates Refer annexure-14 of the
instructions :

DAILY REGISTER :
PART
-A (Color: WHITE
PAGES)

CASH
PART
-B
PAGES)

BANK
REGISTER:
(Color:
PINK
REGISTER: PART -C (Color: YELLOW
PAGES)
63
DISTRICT COMPLAINT MONITORING CELL
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
64

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.
STAR CAMPAIGNERS
 All
Passengers going by private aircrafts and
helicopters will be frisked both in airports and
airstrips
 The candidate or Party shall inform about the travel
plan of the aircraft or 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 incase hiring charges borne by it.
STAR CAMPAIGNER
 List
of Star campaigners to be submitted to CEO or the
Commission within 7 days of the notification
 Travel expense of star campaigners of allied party are
not exempt
 If the Star campaigner travels with candidate or media
person, then 50% of the travel expense will be added
to the candidate
 If the 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, Medical attendant or
any person including any member of the party not
being a candidate in the constituency and not playing
any role in election campaign for the candidate
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 alongwith expenditure
plan for obtaining due permission
 This is necessary for maintenance of law
and order and proper video recording of
events.
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
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)
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, the production, offtake, 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 and Mandaps to be
monitored,
 Distribution
of gift items and 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.
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 VI of Abstract statement signed by the
candidate ,
2. Certified Copy of Bank statement ,
3. 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,
6. Replies to discrepancies pointed out at the time of
Inspection,

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 liabilities
IV. 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.

NOT LODGING
ACCOUNT IN MANNER
Election Expenditure Register comprising
of Day to Day Account Register + Cash
Register+ Bank Register + Abstract
Statement (Part I to Part VI) + Bills and
Vouchers (serially numbered) if not
lodged with the DEO office,
o Abstract Statement ( Part I to Part VI ) as
well as Affidavit annexed with it not
signed by the candidate himself. (both
these should be singed by the candidate
himself).
o
NOT LODGING ACCOUNT IN MANNER
o Bills and vouchers are not signed by the
candidate or his election agent,
o In case of discrepancy on any item of
expenditure,
pointed
out
by
RO/Expenditure
Observer/designated
officer during inspection of register, the
explanation along with reason for the
discrepancy on such items not enclosed,
o Self certified copy of the bank statement
not submitted,
o Any amount not correctly reflected by
the candidate or understatement of any
amount of expenditure.
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 VI) along with Affidavit
sworn 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:- The most important
column which may cause the issue of Notice for
disqualification to candidate- by the Commission. 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.
Revised Affidavit to contain:
To file
Affidavit
of Asset
and
Liability
of self,
spouse
and
dependent
children
as per
revised
format
along with
nominatio
n
Actual
value and
cost of
addition
to
Immovabl
e assets
along with
Market
value
Bank
Deposit
and
Shares
Actual
liabiliti
es
includin
g Govt.
dues and
disputed
liabilitie
s
Learning Module of DEO
PAN of
self,
spouse
and
childre
n and
Income
Tax
paid as
per last
return
80
Cases
pending
and
cases of
Convicti
on
Orders
AFFIDAVITS OF ASSETS AND
LIABILITIES ETC.
The
81
DEO/RO must get a
scanned copy of such
affidavits filed by the
candidates uploaded on the
website preferably within
24 hrs. of receipt.
Lear
ning
Mod
ule
of
DEO
DISTRICT EXPENDITURE MONITORING
COMMITTEE (DEMC)
• District Expenditure Monitoring Committee (DEMC)refer latest Order of ECI on Election Expenditure dt:
14.03.13 put on the website,
• If expenditure incurred/authorised by a candidate not shown in
part /whole in his day to day accounts, RO issues a notice along
with the evidence to him preferably within 24 hours of the date
of receipt of information or inspection of accounts mentioning
details of expenses, not shown truly/ correctly or that he failed
to produce his account. Issue of notice on ‘Paid News’ as per the
recommendation of the MCMC shall not be covered in this
notice.
• Such candidate may reply to the notice within 48 hours,
explaining the reasons for such omission or default.
If
candidate accepts the suppressed expense mentioned in the
notice, the same shall be added to his election expenses.
• If candidate fails to produce his day to day account for
inspection, in spite of the notice, and failure continues, then FIR
is to filed under section 171 (I) of IPC, after 48 hours of service
of such notice and the permission for use of vehicles etc. by the
candidate for election campaign shall be withdrawn.
82
DISTRICT EXPENDITURE MONITORING COMMITTEE (DEMC)
Where no reply is submitted by candidate / his election agent within
48 hours of receipt of the notice, then suppressed amount shall be
treated as final and shall be added to his election expenses.
 If candidate / his election agent disputes the suppressed expenditure,
he shall submit the reply mentioning the reasons for disagreement
and the same shall be forwarded to the District Expenditure
Monitoring Committee (DEMC) consisting of the following:
(a)Expenditure Observer in charge of the Constituency
(b)DEO
(c) Dy. DEO/Officer in charge of Expenditure Monitoring of the
District.
 The DEMC shall decide the case after examining the evidence
mentioned in the notice and reply of the candidate, preferably within
72 hours from the date of receipt of the reply from the candidate,
whether such suppressed expenditure shall be added or not
Lear
 After the order by DEMC, the DEO may consider to include ning
such
Mod
expenses in the account of such candidate while sending the scrutiny
ule
of
report of the candidate to the Commission after election.

83
DEO
DISTRICT EXPENDITURE MONITORING
COMMITTEE (DEMC)

84
If any item of expenditure authorized/ incurred by the candidate
/ his agent after the last date of inspection of his account is not
shown correctly in his account submitted within 30 days of
declaration of result, as recorded in the Shadow Observation
Register, a notice is issued/ served on the candidate/ his agent by
DEO within 24 hours. The candidate shall submit his reply to
DEO within 48 hours of the receipt of such notice explaining his
position.
If candidate does not submit any reply on the suppressed
amount of election expense or disagrees with such suppressed
amount, the DEO, in consultation with the Expenditure
Observer, shall decide the case after considering such reply and
intimate his decision to the candidate/agent and also mention
the same in his scrutiny report submitted to the Commission.
The notice, the reply by the candidate to the notice and decision
of the DEO shall be displayed on the Notice Board.
If candidate does not file his statement of election expenses
Lear
without any valid reasons within the stipulated period ofning
30
days from the day of declaration of result, then the DEO shall
Mod
ule
send the report to the Commission mentioning such default with
of
his recommendation.
DEO


SOP: CHECKING OF HELICOPTERS/
AIRCRAFT
The Bureau of Civil Aviation Authority Instruction vide its OM dt.
14.02.12
 During election process proper frisking and preembarkation, 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/ takeoff at commercial airports
from DEO. But ATC to keep records of all such pvt. Aircrafts/
helicopters and make available such info. To the CEO within 3 days of
landing or takeoff. The CEO to share this info. With EO for
accounting purpose.

85
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 in 75 days (for AC) and
in 90 days ( for PC) after completion of poll, details of
expenses borne on such hiring of crafts.

86
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,
TELEFAX NO. / E-MAIL ID FOR REPORTING






Sh. Avinash Kumar, Under Secretary (EE Div.)
- Tel: 011 23052055, 9868911976 [email protected] .
Sh. Malay Mallick, Under Secretary (EE Div.)
- Tel: 011 23052058, 9868113451 [email protected] .
Address- Nirvachan Sadan, Ashoka Road, New Delhi-01
Sh. S.K. Rudola, Secretary , Fax: 011- 23052049, 9013308437
(e-mail: [email protected])
Sh. B. B. Garg, Jt. Director, Fax: 011- 23052003, 08130920555
(e-mail: [email protected])
In case of urgency:Sh. P. K. Dash, DG (Exp.) Tel. 011 23356025, Fax: 01123318506, 09868301742
e-mail: [email protected]
धन्यवाद !
THANKS
89