PPT Presentation on Poll Party (Delhi 2013)

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The Election Commission
measures to combat
Money Power during the
next general elections
(Delhi- 2013)
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
The US Secretary of the state, Hillary Clinton
was more justified when she said during her
visit to India in 2012,
"India's Election Commission is viewed as a
global standard for running democracy."
Objectives of the workshop
To sensitise about the legal framework, new
instructions on Expenditure monitoring and the
enforcement measures
 To enable the participants to be the master
trainers for their party and the candidates
 To
open communication channel with the
Commission through the participants, seeking
cooperation from the party
 The participant should act as the Nodal officer
for interaction with the Commission on
Expenditure related issues

Money power in Election
Without Money, Multi-party democracy cannot
function
Risks of Money Power:
 Uneven Playing field and lack of fair competition
 Political Exclusion – Certain sectors face
disadvantage
 Co-Opted politicians under campaign debts
 Tainted Governance and Rule of Law undermined
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
A.C.- Rs. 14 Lakhs
P.C.- Rs. 40 Lakhs
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
6
Legal Framework
•
Distribution of Cash, liquor and other articles
among voters is bribery and both the giver
and the taker are punishable with
imprisonment up to 1 year. (Sec 171B ,I P Code)
•
It is Corrupt Practice under Sec. 123 of RP
Act 1951.
•
Candidate has to maintain a correct and true
account of Election Expenditure in the
manner prescribed and to lodge the Accounts
in time (Section 77 & Section 78 of RP Act, 1951)
Legal Framework
Contesting Candidates may be disqualified Section
10 A of R.P act, 1951 for 3 years on following
grounds:
•Not
lodging Accounts in time.
•Not
Lodging in manner prescribed
•The
ECI may go into correctness of accounts of
Election Expenses and may disqualify the
Candidate for 3 years, u/s 10A (L.R.Shivramagowde
Vs. P.M. Chadrashekhar, SC)
Commission’s power to Disqualify a
winning candidate
In case of Ashok Chauhan and Madhu
Kora, Delhi High Court held:
“…the commission can go into the
truthfulness or untruthfulness of
accounts. How far the Commission
can go will be a question of degree.
It will be realm of exercise of
power.”
Money Power in Election

Ceiling on election expenditure of the candidate
is Rs 14 lakh for Assembly Constituency and Rs.
40 lakh for Lok Sabha election in Delhi.

If ceiling exceeded by
election petition to Court.

winning
candidate,
No ceiling on expenditure by Political Party.
But Political Parties submit the accounts of
election expense within prescribed time limit (75
days in case of assembly election and 90 days in
case of Lok Sabha election)
Legal sanction for seizure of Un-accounted
Cash
 Carrying cash is not illegal under any Law
and is not anathema to regular business.

But if it is undisclosed, Income Tax
Department can seize.

If it is out of illegal foreign exchange, ED
can seize.
If it is suspected to be for bribery, terror,
theft, narcotics etc, Police authorities can
seize
 There is No new law for seizure .

Measures by Election Commission


Separate Expenditure Monitoring division
at Election Commission level to monitor
the election expenditure mechanism.
Expenditure Monitoring Cell to be formed
in each district comprising of Dy. DEO
and various teams to track the election
expenditure.
Measures by Election Commission

Preventive Measures
Appeal to Political Parties:
I. To exercise self restraint.
II. To avoid transactions in cash during the election
process.
III. To advise their party functionaries, candidates
and agents not to carry cash exceeding Rs.
50,000/- in the constituency during election
process.
Campaign by ECI for ethical voting

Campaign for educating the voters on the
legal provisions against bribery.

Applicable to both takers and givers –
Punishment upto 1 year of imprisonment.

Campaign through schools and colleges against
bribery.

Campaign through advertisements in Media
for ethical voting.

Involvement of NGOs and civil society
organizations to spread the message against
bribery
 Let
us watch a video on
Ethical Voting
Measures by Election Commission

Candidates to open separate bank account for election
expenses, with any bank or Post office at least one day
before nomination.

Bank Account can be opened in joint name with the agent
and candidate.

Candidate can have separate agent for election expenses.


To incur all expenses by A/c payee cheque, if payment to
a single party during election process exceeds
Rs.20,000/-.
To submit the Copy of the bank account along with the
expenditure statements after 30 days of declaration of
the result.
Register of Day-to-day accounts






To maintain Day to Day Accounts of election expense in
revised form, given by the RO ( Part-A)
The register has to be maintained along with Cash Register
and Bank Register (Part- B and Part- C)
The bills and vouchers no. are also to be entered in the
register and duly serial numbered vouchers are to be lodged
with DEO
The register along with bank passbook has to be produced
before Exp. Observer or any other authorized person for
inspection on notified dates
If any discrepancy is pointed out, candidate has to reconcile
the difference within stipulated time
Any public can get the copy of the register after inspection
on payment of Re.1/- per page
Meetings with DEO and RO




DEO will hold a meeting within 3 days of
announcement of election with Political Parties to
discuss the legal provisions and expenditure
monitoring measures.
RO will hold a meeting with all candidates after
allotment of symbols to discuss the expenditure
monitoring measures.
Training of candidates and election agents on
expenditure monitoring will be done on the same
day or a day after.
Facilitation training of all candidates /election
agents before one week of submission of final
accounts.
New Mechanism for
Monitoring of Election Expenditure
The Expenditure Monitoring Teams
Measures for Expenditure Monitoring


Identification of Expenditure Sensitive
Pockets (ESPs) and Expenditure Sensitive
Constituencies (ESCs) prone to high
election expenditure and corrupt practices
on the basis of past history, profile of the
constituency and other Developments.
The Expenditure monitoring mechanism will
be further strengthened suitably in these
constituencies.
24X7 Call Centre and Complaint
Monitoring System for each district





An All India Toll free single number 24X7 Call
Centre to receive complaints related to elections
District Level Complaint Monitoring Cell with toll
free number to work 24 x 7 to receive complaints
and monitor action on all complaints
The telephone numbers of Expenditure Observer/
Assistant Expenditure Observers to be advertised
A complaint monitoring cell with toll free number
by Income tax Department
All calls made to the call centres shall be recorded
for future verification.
Flying Squads and static Surveillance Teams

Flying squads (FS) to become operational from announcement of
election.

FS for each Constituency with one executive magistrate, one police
officer and 3 or 4 Police Officials and one videographer to take
action against all complaints

Static Surveillance Teams (SST) to become operational from date
decided by Commission or from date of notification of election.

SST with CPF and videographer to put check posts on major arterial
roads

This will be supervised by the SPs and Daily Activity Report sent to
Expenditure Observer.

I.G. Level Police Officer to supervise the surveillance activities of
Police and send report to Commission

In ESC, Police Observers from outside the state will be sent
Standard Operating Procedure

Advertisement to be done by DEO and CEO in local
language in local news paper and through Flying Squads
regarding the enforcement measures on bribe & advising
the public and political functionaries not to carry huge
cash during election process without proper documents.

To spread awareness amongst public not to indulge in
bribery ie: not only giving but taking of gift is also bribery
and provisions of IPC thereof.
Teams to be courteous and decent.

If criminality suspected, the teams can seize.

Procedures of seizure of illegal items
Criminality is determined if:
Banner/poster/
Arms or illicit
Cash(more than
items along with cash 50,000) in custody of
voter slip/any
any candidate /
campaign material or gift ( more than Rs.
10,000)
along with cash or gift
Agent/ party official
being carried in a
vehicle or any
other modus
operandi leading to
crime
26
Procedures of seizure of illegal items
Utmost care to ensure all politeness,
decency and courtesy
Seizure has to be
done with proper
Panchnama/
Acknowledgement
The authority FIR to be lodged Copy forwarded to
whom to appeal
and also put in
SP, DEO, Exp.
and procedure notice board of
Observer, Nodal
for appeal must
RO.
Officer of Police
be mentioned in
and Police
the seizure order
Observer (If any)
27
Standarad Operating Procedure: SST
Based on the Hon’ble Supreme Court Order:
Para 4.7.1 of the EEM Instructions (July, 2012) now reads as follows:
“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.”,
Standard Operating Procedure



Convenience of General public to be kept in mind
during such checking by FS/SST. Choking of
National highways are to be avoided.
The whole event of checking and seizure has to
be video graphed by the video team and vehicles
of politicians are also to be checked.
The members of the checking teams should be
selected on the basis of their integrity and they
should be under watch also.
Standard Operating Procedure


In case of certain cash seized by SST/FS:
Appellate authority is the SDM/ADM of that
Distt. (in charge of the expenditure monitoring
cell).
The appellate authority shall hear the cases
and take appropriate steps for redressal of
grievance/s as per law.
In case of seizure by Income tax Deptt.:
Joint. / Addl. Director of Income Tax(Inv.) in
charge of the Distt. Or Designated Nodal officer
at the office of DGIT(Inv.) may be contacted.
Structure and Functions
 Expenditure
Observers for each district
 Assistant
Expenditure Observer for each
constituency
 More
number of Observers and Assistant
Observers
in
Expenditure
Sensitive
Constituency (ESC) and Expenditure Sensitive
Pockets (ESP’s)
 More
number of Flying Squads and Static
Surveillance teams with man power from
central Govt. and central PSUs and CPF in
case of expenditure sensitive constituencies
Video Surveillance Teams
for each constituency

To take video shots of Major Election
Expenditure
including
public
rally,
processions size of tents, furniture, dais,
rostrums, barricades, posters, hoardings,
arches, illuminations and Cut-outs etc.
To submit Video Cue sheet and video
clippings on the same day to the Video
viewing team.
 Any member of public can have a copy of
the DVD on payment of Rs.300/
Video Viewing Teams
for each constituency

To view each video taken by the Video
Surveillance Team and prepare Report of
Expenditure incurred by each candidate or
party and to submit report of estimated
expenditure along with folder of evidence
and Cue sheet to the Accounting Team
within 24 hrs

To submit report regarding MCC
violation to RO/General Observer.
Accounting Team for each
constituency

Accounting Team to maintain shadow
Observation Register and folder of evidence
for each candidate. Copy of DVD can be
given to public after inspection

To compile the reports received from all
expenditure teams and enter in Shadow
Observation register on the same day

Expenditure Observer to intimate to
candidate the excess observed expense
during inspection
Media Certification and Monitoring Team
 For each district, a team headed by Deputy
DEO and District PRO & Staff and one
nominee of Press Council of India to monitor
print and electronic media and Paid News.
 In ‘Paid News’, the candidate to be issued
notice for not accounting the expenses within
96 hours by RO and PCI informed about the
Print media involved
 To submit daily report to the Accounting
Team with respect to media advertisement
expenditure by the Candidate.
 It will report to DEO and General Observer
regarding any MCC violation
In case of any advertisement in print media,
or any printing of banner, poster, pamphlet,
sec 127 A of R P Act to be followed, which
requires:
 Declaration from the publisher of the
advertisement, attested by two persons

◦ Press to forward to CEO/ DEO within seven
days the copy of advertisement and declaration
◦ Penalty: Punishable with imprisonment up to
6 months or fine
Inspection of Accounts of election
expenditure
Candidates are required to maintain Day
to Day Accounts and produce for
inspection 3 times or more before the
Expenditure Observer or any officer
authorized.
 Dates and timing of inspection to be
notified in advance.
 Notice to be issued to candidate in case
of failure to lodge accounts for inspection
and FIR to be filed if failure continues
(Sec 171I of IPC).
 Withdrawal of permission for use of
campaign vehicle, if the failure continues
in spite of notice.

Inspection of Accounts of election expenditure





Expenditure Observer to bring to the notice of
the candidate in writing at the time of
inspection, If the expenditure as per Shadow
Observation register is more than the amount
shown by the candidate or any Paid news is
suspected
Signature of the candidate or his agent is
obtained
on
the
Shadow
Observation
Register/Folder of eviddence.
RO will issue also notice to the candidate on such
discrepancy.
Copy of the notice will be displayed on the notice
board of RO.
Any member of public can obtain copy of Shadow
Observation Register after inspection, notices
and replies by candidates on payment of Re. 1/per page
DISTRICT EXP. MONITORING COMMITTEE (DEMC)
• For each district.
• If candidate not shown the expenditure in part /whole
in his day to day accounts, RO issues a notice within 24
hours of receipt of information or inspection of
accounts mentioning details or on failure to produce
accounts.
• Reply to the notice to be sent by candidate within 48
hours with reasons.
If
candidate accepts the
suppressed expense,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.
39
DEMC Contd….


40
If no reply is recd. from candidate within 48 hours of receipt
of the notice, then suppressed amount shall be treated as final
and 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
Lear
ning
mentioned in the notice and reply of the candidate, preferably
within 72 hours from the date of receipt of the reply fromMod
the
ule
candidate, whether such suppressed expenditure shall of be
DEO
added or not
•
DEMC Contd….




Items of expenditure not shown correctly in a/c statement
of candidate filed after election result, vis-à-vis the Shadow
Observation Register, notice to be served on the candidate
by DEO within 24 hours.
The candidate shall submit his reply within 48 hours of the
receipt of such notice.
If candidate does not submit any reply, the DEO shall decide
the case on merits and intimate his decision to the
candidate/agent.
If candidate does not file his statement of election expenses
within the stipulated period of 30 days from the day of
declaration of result, then the DEO shall send the report to
the Commission mentioning such default.
Measures for Expenditure Monitoring
Associating Income Tax Investigation
Directorate:
I. To keep vigil over movement of illicit cash during
election process through airports, major railway
stations, hotels, farm houses, financial brokers cash
couriers, Pawn brokers and others.
II. To keep watch on ostentatious expenditure during
the election.
III. To open a 24X7 Call centre to receive complaints from
public.
IV. To send report to the Commission, after verifying the
assets and liabilities declared by the candidates during
nomination.
V. To compile list of Political Parties which are not
filing IT return regularly.
Other measures of Expenditure Monitoring
Mechanism
Bank reports of Cash withdrawal above Rs. 10 lakh.
 FIU to send Suspicious cash withdrawal report to
Income tax Deptt. on real time basis.
 The Directorate of Revenue Intelligence will keep
watch on International Airports and Enforcement
Directorate on cash movement and report
suspicious
instances
to
the
Investigation
Directorate of Income Tax.
 BSF and SSB to keep greater vigil on border.
 Appeal by DEO to political parties, candidates and
public not to carry large sum of cash.

Star Campaigners




The travel expense of Star campaigners will be exempt
List of Star campaigners to be submitted to CEO and the
Commission within 7 days of the notification and travel
expense of star campaigners of allied party are not exempt
(Allied party leaders not allowed exemption)
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



If the Star campaigner travels with candidate, 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
Exemption of travel expenses: If any attendant, Security Guard,
Medical attendant, any representative of electronic/ print media 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
SOP: CHECKING OF HELICOPTERS/ AIRCRAFTCommercial Airports
The Bureau of Civil Aviation Authority Instruction
 During election process proper frisking and preembarkation, checking of all persons, screening/
physical Checking of baggage to be done,
 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 and DEO within
3 days of landing or takeoff. The CEO to share this
info. With EO for accounting purpose.


ATC to inform the CEO and DEO of the district concerned
about the travel plan of chartered aircrafts/ helicopters as
early as possible, preferably half an hour in advance.
46
SOP: CHECKING OF HELICOPTERS/ AIRCRAFTCommercial Airports Contd….


CISF to inform the Income Tax dept. if cash above
10Lacs/ bullion 1kg or more is detected in poll bound
states,
The enforcement agencies like CISF, State Police and
Income Tax dept. to develop their internal SOP in a way
that the entire event right from detection to seizure or
release at the airport is captured by CCTv/ Video camera.
SOP: CHECKING OF HELICOPTERS/ AIRCRAFTNon- commercial airports




For such non- commercial airstrips/ helipads during election
process physical checking of all baggage brought out of the
craft to be done by Flying Squad/ Local Police authorities in
co-ordination with pilot of the aircraft ( excepting the
handheld purse/ Pouch of the passengers).
Body frisking to be avoided unless there is specific
information
For airstrips/ helipads not used for commercial purposes
applications to be made to the DEO concerned 24 hrs in
advance by candidate or pol. Party, giving details of travel
plan, place of landing in district and names of passengers.
Every candidate shall inform the RO concerned within 5
days in writing, regarding the details of expenditure
incurred on hiring such crafts and name of pol. Party if
48
party has borne the expenses with names of passengers.
Rally expenses







All public rallies and Public meetings (after announcement
and even before notification ) to be videographed for
monitoring party expense. (Not to be added to candidate)
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
If a group of candidates are present in the rally or meeting,
the expenses to be apportioned amongst all
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 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
Notification of rates by DEO



DEO to notify the local rates of construction of pandals or
hiring of vehicles and other expenses, in consultation with
the political parties before notification.
Rates should not be unrealistic and should take in to
account the local ground realities
If the candidate or party feels that the rates are
excessive, they may take up with the DEO immediately after
notification of such rates and DEO shall consider such
requests
Other Instructions


If candidate attends a community kitchen, during election
campaign, (other than those organised by religious
communities and normal ceremonies like marriage etc,) the
entire expenditure will be added as his election expenditure
If the vehicle permitted to any independent candidate or
any other candidate is found carrying campaign material of
another candidate or being used for campaign for any other
candidate, the entire expenditure on the vehicle from the
date of permission will be added to the candidate using it
for his campaign and permission will be withdrawn
Other Monitoring Measures

Daily Production, Distribution and Off take of liquor in the
state is to be monitored and close watch over inter state
border

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 in manner
prescribed, along with the register of election expenses (Under
Sec78 of the RP Act,1951)
Documents required to be filed:
1. Part I to Part VI of Abstract statement signed by the candidate
2. Copy of Bank statement
3. Affidavit signed by the candidate
4. Register of Day-to-day Accounts with all bills and vouchers in
original
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
Consequences of Defective return or
late return
Disqualification under section 10A of
RP Act, 1951



For late filing without good reasons,
For not filing in format prescribed,
For not submitting true and correct
accounts.
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 in criminal cases
Returns by Political Parties



Political Parties are required to file their
statement of election expenses with the
commission within 75 days of Assembly election
and 90 days for Parliamentary election.
Political parties are also required to file with the
Commission the list of donations received with
names and address of donors (Under Sec 29C of
the RP Act,1951).
Political Parties are also required to file their
Annual Audited Accounts with the Income Tax
Department (Sec 139 of Income Tax Act, 1961)
before 30th Sept.
Training



CEOs will organise a Facilitation Training
Programme at state level with all registered
Political Parties on the new mechanism of election
expenditure monitoring
ROs will organise Facilitation training programme
with all candidates or their election agents,
immediately after allotment of symbols
DEO will organise
2nd Facilitation training
programme after 20 days of declaration of result
on procedure for lodging of accounts with DEO
and consequence of failure
Contact Details
P K Dash, Director General:
 Phone 011-23356025
 Fax
011-23318506
 Mob: 09868301742
 Email: [email protected]
B B Garg, Joint Director:
Phone 011-23052009
Fax 011-23052003
Mob: 08130920555
S K Rudola, Secretary:
Phone 011-23717094
Fax 011-23052049
Mob: 09013308437
Pledge
I do swear in the name of God / do affirm
that
I shall uphold the democratic
traditions of our country, as mandated
under the constitution with utmost
sincerity and dedication, and
 shall make all efforts towards curbing the
pernicious effects of Money power and
Muscle power, and
 shall ensure conduct of free, fair and
clean elections

THANK YOU
62
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