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Election Expenditure
Monitoring [EEM]
BRIEFING OF MASTER
TRAINERSAssembly Elections- 2013
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



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

Income

Tax
“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
RP

Learning Module of RO/ARO

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14
MAJOR LEGAL PROVISIONS RELATED TO
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15
MAJOR LEGAL PROVISIONS RELATED TO
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16
MAJOR LEGAL PROVISIONS RELATED TO
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17
TO RECALL THE MAJOR LEGAL PROVISIONS
Co
RELATED TO EEM
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18
THE LEGAL PROVISIONS RELATED TO
ELECTION EXPENDITURE MONITORING
RP ACT, 1951

19
20

Lear
ning
Mod
ule
of
DEO
PROVISIONS OF THE
INDIAN PENAL CODE, 1860

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.
22
2. The account lodged by the candidate is incorrect and
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.

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

12.
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 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 and vanity
bags.
37.
Using ‘Aarthiyas’ (commission agents) for distribution of cash
among farmers or waiving his commission demanded form the farmers.
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.
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
1.

3.
4.

33

2.

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 OF ITEMS TO BE FIXED AFTER CONSULATATION
WITH POLITICAL PARTIES:

Learning Module of RO/ARO

34
TWO TRAINING PROGRAMMES

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.
The
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

43
VIDEO VIEWING TEAM

44
ACCOUNTING TEAM

45
MONITORING OF CAMPAIGN THROUGH MEDIA:MCMC

46
DISTRICT LEVEL MCMC – TO OPERATE
24X7

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
PREVENTIVE MEASURES : FLYING SQUADS

50
FLYING SQUADS

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.


54
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),
of permission for use of campaign
vehicle, if the failure continues in spite of notice,

62

 Withdrawal

 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.
Learning Module of DEO

80
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)

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 ule
the
scrutiny report of the candidate to the Commission after election. of


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,
TRY THIS

Expenditure will never exceed the
ceiling limit !
He will know how to balance earnings
& expenditure!
TELEFAX NO. / E-MAIL ID FOR REPORTING












Sh. Avinash Kumar, Under Secretary (EE Div.)
- Tel: 011 23052055, 9868911976 avinash.kr@eci.gov.in .
Sh. Malay Mallick, Under Secretary (EE Div.)
- Tel: 011 23052058, 9868113451 malay.mallick@eci.gov.in .
Address- Nirvachan Sadan, Ashoka Road, New Delhi-01
Sh. S.K. Rudola, Secretary , Fax: 011- 23052049, 9013308437
(e-mail: skrudola@eci.gov.in)
Sh. B. B. Garg, Jt. Director, Fax: 011- 23052003, 08130920555
(e-mail: bbgarg@eci.gov.in)
In case of urgency:Sh. P. K. Dash, DG (Exp.) Tel. 011 23356025, Fax: 01123318506, 09868301742

e-mail: prasana.dash@eci.gov.in
धनयवाद !
THANKS
90

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INDIA ELECTION 2014-Election expenditure monitoring.

  • 1. Election Expenditure Monitoring [EEM] BRIEFING OF MASTER TRAINERSAssembly Elections- 2013
  • 2. 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
  • 3. 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
  • 4. 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  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 Income Tax
  • 5.
  • 6. “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” 
  • 7. NOTHING OFFICIAL ABOUT IT… Ceiling Limit for a candidate Is there any Celing Limit for an Agent of Candidate? So,….
  • 8. ! Excessive, illegal & illegitimate expenditure in elections is the root cause of corruption.
  • 9. 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
  • 10. 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. 
  • 11. Tamil Nadu elections : VIDEO Let us watch a video on the cash seizures made during general elections to Tamil Nadu Assembly. 11
  • 12. 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 
  • 13. 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
  • 14. MAJOR LEGAL PROVISIONS RELATED TO ELECTION EXPENDITURE MONITORING RP Learning Module of RO/ARO AC T ,1 95 1 14
  • 15. MAJOR LEGAL PROVISIONS RELATED TO Co EEM Ele ndu c 19 ction t of 61 Ru les , 15
  • 16. MAJOR LEGAL PROVISIONS RELATED TO Co EEM Ele ndu c 19 ction t of 61 Ru les , 16
  • 17. MAJOR LEGAL PROVISIONS RELATED TO Co EEM Ele ndu c 19 ction t of 61 Ru les , 17
  • 18. TO RECALL THE MAJOR LEGAL PROVISIONS Co RELATED TO EEM E nd lec uct Ru tion o les ,1 96 1 18
  • 19. THE LEGAL PROVISIONS RELATED TO ELECTION EXPENDITURE MONITORING RP ACT, 1951 19
  • 21. PROVISIONS OF THE INDIAN PENAL CODE, 1860 21
  • 22. 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. 22 2. The account lodged by the candidate is incorrect and untrue. 
  • 23. 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.
  • 24. 11. 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 12. 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.
  • 25. 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.
  • 26. 31. Distribution 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 and vanity bags. 37. Using ‘Aarthiyas’ (commission agents) for distribution of cash among farmers or waiving his commission demanded form the farmers. 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.
  • 27. 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 
  • 28. 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
  • 29.
  • 30. Let us watch a video on ethical voting! 30
  • 32. 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.
  • 33. NOTIFICATION OF RATES FOR ASSESSMENT OF EXPENDITURE 1. 3. 4. 33 2. 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.
  • 34. RATES OF ITEMS TO BE FIXED AFTER CONSULATATION WITH POLITICAL PARTIES: Learning Module of RO/ARO 34
  • 35. TWO TRAINING PROGRAMMES 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. The
  • 36. 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
  • 37. 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.
  • 38. 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
  • 39. 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
  • 40. 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. 
  • 41. 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, 
  • 42. 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.
  • 46. MONITORING OF CAMPAIGN THROUGH MEDIA:MCMC 46
  • 47. DISTRICT LEVEL MCMC – TO OPERATE 24X7 47
  • 48. 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.
  • 49. 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
  • 50. PREVENTIVE MEASURES : FLYING SQUADS 50
  • 52. 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.
  • 53. 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. 
  • 54. 54
  • 55. 55
  • 56. 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. 
  • 57. 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. 
  • 58. 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.
  • 59. 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,
  • 60. 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. 
  • 61. 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
  • 62. 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), of permission for use of campaign vehicle, if the failure continues in spite of notice, 62  Withdrawal  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.
  • 63. 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
  • 64. 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 
  • 65. 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.
  • 66. 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.
  • 67. 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
  • 68. 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.
  • 69. 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
  • 70. 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)
  • 71. 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
  • 72. 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
  • 73. 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).
  • 74. 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.
  • 75. 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, 
  • 76. 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. 
  • 77. 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
  • 78. 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.
  • 79. 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.
  • 81. 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
  • 83. 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 ule the scrutiny report of the candidate to the Commission after election. of  83 DEO
  • 84. 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  
  • 85. 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
  • 86. 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
  • 87. 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,
  • 88. TRY THIS Expenditure will never exceed the ceiling limit ! He will know how to balance earnings & expenditure!
  • 89. TELEFAX NO. / E-MAIL ID FOR REPORTING       Sh. Avinash Kumar, Under Secretary (EE Div.) - Tel: 011 23052055, 9868911976 avinash.kr@eci.gov.in . Sh. Malay Mallick, Under Secretary (EE Div.) - Tel: 011 23052058, 9868113451 malay.mallick@eci.gov.in . Address- Nirvachan Sadan, Ashoka Road, New Delhi-01 Sh. S.K. Rudola, Secretary , Fax: 011- 23052049, 9013308437 (e-mail: skrudola@eci.gov.in) Sh. B. B. Garg, Jt. Director, Fax: 011- 23052003, 08130920555 (e-mail: bbgarg@eci.gov.in) In case of urgency:Sh. P. K. Dash, DG (Exp.) Tel. 011 23356025, Fax: 01123318506, 09868301742 e-mail: prasana.dash@eci.gov.in