1 Monitoring of Election Expenditure NCT OF DELHI

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Monitoring of Election Expenditure

NCT OF DELHI PARLIAMENTARY CONSTITUENCIES AND ASSEMBLY CONSTITUENCIES Total Revenue Districts Total Election Districts : 11 : 09 Total Parliamentary Constituencies: 07 Reserved (SC) : 01 Total Assembly Constituencies Reserved (SC) : 70 : 12 Population of State (2011) : 1. 67 Cr. Population of State (Projected 2013): 1. 74 Cr. Polling Stations Polling Station Locations : 11763 : 2602 Voters in 2008 Assembly Elections : 1. 07 Cr. Voters in 2009 Lok Sabha Elections: 1. 11 Cr. Voters in current Electoral Rolls : 1. 15 Cr.

ELECTION SCHEDULE OF PREVIOUS TWO ASSEMBLY ELECTIONS DELHI & LOK SABHA ELECTION S. No. Programme Assembly Election 2003 Assembly Election 2008 Lok Sabha Election 2009 1. Date of announcement of Election 06 -10 -2003 14 -10 -2008 02 -03 -2009 2. Date of Issue of Notification 07 -11 -2003 04 -11 -2008 11 -04 -2009 3. Last date for making nominations 14 -11 -2003 11 -11 -2008 18 -04 -2009 4. Date of Scrutiny of nominations 15 -11 -2003 12 -11 -2008 20 -04 -2009 5. Last Date for withdrawal of candidature 17 -11 -2003 14 -11 -2008 22 -04 -2009 6. Date of Poll 01 -12 -2003 29 -11 -2008 07 -05 -2009 7. Hours of Poll 8. 00 AM to 5. 00 PM 7. 00 AM to 5. 00 PM 8. Counting of Votes 04 -12 -2003 08 -12 -2008 16 -05 -2009

USE OF MONEY POWER Without Money, Multi-party democracy cannot function Risks of Money Power: Ø Uneven Playing field and lack of fair competition Ø Political Exclusion – Certain sectors face disadvantage Ø Co-Opted politicians under campaign debts Ø Tainted Governance and Rule of Law undermined 5

CEILING LIMIT: LAKSHMAN REKHA So, they don’t cross it …. jump over it

NOTHING OFFICIAL ABOUT IT… Ceiling Limit for a candidate

MONITORING: RELATED ISSUES 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 No new law for seizure

REMOVAL OF HOARDING/BANNERS ETC. Election Assembly 2008 LOK SABHA -2009 Hoardings Banners Posters Wall writings FIR Regd. 16808 9369 20215 889 964 7588 19960 25946 2284 348

DURING LAST LOK SABHA ELECTION S. No. Description Numbers 1. Number of cases registered under Excise Act Number of persons arrested in this regard 335 341 2. Number of vehicles seized found transporting liquor 23 3. Cases registered under Defacement of Property Act, 2007 Number of person arrested in this regard 348 265 4. Number of Vehicles seized for violation of Model Code of Conduct. 875 5. Number of Loud speakers seized for violation of MCC 09 6. Action taken under Preventive Sections 1821

LEGAL PROVISIONS Representation of the People Act, 1951 Conduct of Election 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 Delhi Assembly - 14 L Lok Sabha- 40 lakh 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 12

MAJOR LEGAL PROVISIONS RELATED TO ELECTION EXPENDITURE MONITORING Sec 10 A: Disqualification for failure to lodge account of election expenses • Failing to lodge an account of election expenses within time and manner required or has no good reason or justification for the failure • Disqualified for a period of three years Sec 77: Account of Election Expenses and maximum thereof • Candidate/Election agent shall keep a separate, correct account of election expenditure incurred/authorized between date of nomination & declaration of results. Sec 78 : Lodging of account with District Election Officer • Within 30 days from the date of election, contesting candidate should lodge with DEO “true copy” of election expenses kept by him/election agent Learning Module of RO/ARO RP AC T, 19 13 51

TO RECALL THE MAJOR LEGAL PROVISIONS Co RELATED TO EEM E nd Rule 89: Report by the [DEO] as to the lodging of account of election expenses and the decision of the ECI thereon lec uct Ru tion o les , 1 96 1 • (1) As specified regarding lodging of accounts, DEO to send report to ECI specifying: • Name of contesting candidate • Whether such candidate has lodged account of expenses and if so, the date on which it was lodged • If account has been lodged in time and in right manner as per DEO opinion • (2) If not lodged in time and correct manner, attaching the account of expenses and vouchers • (3) Publish copy of same on notice board • (4) Where ECI finds that accounts have not been lodged in time or in right manner, shall issue show cause notice to candidate to demand why he should not be disqualified under Sec 10 A • (5) Candidate to send response to notice within 10 days to ECI and copy to DEO • (6) DEO to forward the copy to ECI with comments, if any, within 5 days of receipt • (7) If ECI finds no valid justification in candidate’s representation, shall disqualify for 3 years from date of order and publish in Official Gazette 14

THE LEGAL PROVISIONS RELATED TO ELECTION EXPENDITURE MONITORING • Any attempt RP ACT, 1951 of inducement of elector Sec 123: Bribery is a corrupt practice • Any assurance of gift to elector • Any inducement to elector to refrain from voting • Any inducement to candidate to contest or not to contest etc Election Expenditure above ceiling • Any expense by candidate over and above the ceiling • Election petition against any winning candidate in High Court 15

THE LEGAL PROVISIONS RELATED TO ELECTION EXPENDITURE MONITORING RP ACT, 1951 Sec 127 A: Restrictions on the printing of pamphlets, posters, etc. • Election pamphlet/poster which does not bear the name & addresses of the printer /publisher shall not be printed • Declaration as to the identity of the publisher is to be sent to the printer signed by publisher and attested by 2 persons personally known to him • Copy of the declaration and the document should be sent by the printer to the CEO/District Magistrate as per location • Imprisonment upto 6 months /fine up to Rs. 2000/ both 16

PROVISIONS OF INDIAN PENAL CODE, 1860 171 B – Bribery 171 E – Punishment for bribery 171 C – Undue influence at elections 171 F – Punishment for undue influence at elections • Any person giving or accepting gratification to induce a person to exercise his electoral right would commit the offence of bribery. • Gratification – Offering gratification, agreeing to give gratification, attempting to procure gratification shall be deemed as giving gratification. • one year imprisonment or fine or both. • Any Act which voluntarily interferes or attempts to interfere with the free exercise of any electoral right. • one year imprisonment or fine or both. 17

PROVISIONS OF THE INDIAN PENAL CODE, 1860 171 H – Illegal payments in connection with an election • Expenditure done by any person/ organization for a candidate without his written permission would be considered illegal whether the expenditure is in relation to a public meeting, advertisements, publication or in any other way. 171 I – Failure to keep election accounts • If the candidate does not maintain an account of his election expenditure in the manner specified by ECI Punishment for not maintaining accounts • A fine up to rupees 500. 18

ELECTION EXPENDITURE: CASE LAW 1. 2. 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 the 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: The candidate does not lodge an account of election expenses in time and manner. The account lodged by the candidate is incorrect and untrue. 19

Forty Ways of use of ‘Black money’ in elections

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. 12. Black Money raised by party/candidate in name of coupon sale. 13. Cash given to the polling agents of rivals candidates, to be silent, during counting. 14. Cash given to village headman for ensuring votes. 15. Cash given to village fund on the eve of election for construction of road or temple or school, etc. 16. Distributing Cash among the Ladies who come for “Aarti” to candidate. 17. Distributing Cash for those who come to attend public rally arranged by party or candidate. 18. Making Cash payment for the vehicles or Trucks for ferrying the voters to the place of rally or to the polling booth. 19. Cash given to journalists or media men to write positively about the candidate or to write pessimistic news of rivals. 20. Cash given to journalists/media men to blackout the news about the rivals or to publish negative news.

21. Cash transferred through RTGS route of banks to the a/c’s. 22. Cash given to the youth clubs on the eve of elections for organizing cricket match, football match. 23. Cash given for charity like organizing medical camp, melody party, theatres etc. , on the eve of elections. 24. Distributing TVs, video recorders & projectors to village clubs. 25. Giving cash for constructing toilets, tubewells or mobile phone with top up cards or laptops to the voters or local leaders. 26. Organizing mass marriage functions during election process and bearing the entire cost of marriage. 27. Distributing SUVs or Luxurious vehicles to appease local party leaders. 28. Reimbursing fuel bills through negotiated deals with petrol pumps. 29. Promising jobs for the unemployed youth in the academic institutes or companies of the candidate. 30. Organizing religious functions like “Prabachan” Ramayan” “Hanuman Chalisha” etc. before elections.

31. Distribution free books to the students, just before elections. Free admission to children of influential voters of a locality 32. in 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 g orcash among farmers 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 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 In ATM vans

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

Mechanism for Election Expenditure Monitoring in Assembly Elections 28

Separate Bank Account 1. 29 The candidate 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 nomination the candidate will communicate the account number of this bank account to the RO. All the election expenses of the candidate should be met from this bank account. 3. 4. 5.

Expenditure Sensitive Constituency(ESC) Expenditure Sensitive pockets (ESP) ESC to be identified by CEO in consultation with DEOs based on profile of constituency More FSs and SSTs with CPF ESP to be identified in a constituency based on level of education, development and demography ESPs to be kept under close watch for SST ESPs to have 24 X 7 check post during last 72 hours before poll ESPs need more campaign for ethical voting Liquor sale to be closely monitored in ESPs 30

NEW EXPENDITURE MONITORING MACHINERY Expenditure Observer (EO) Asst. Expenditure Observer (AEO) Flying Squad and Static Surveillance Teams (FS and SST) Video Surveillance Team (VST) Video Viewing Team (VVT) Media Certification and Monitoring Committee (MCMC) Dist. Exp. Monitoring Committee (DEMC) Accounting Team 31 Liquor monitoring Team

EXPENDITURE MONITORING MECHANISM Teams Appointed by Formation Scale Time line State level Exp. CEO Monitoring cell (SEMC) CEO, Sr. Officer not below Jt. CEO as Nodal Officer One From date of Announcement State MCMC CEO, Observer by ECI, 01 expert, IIS officer, Journalist , Addl/Jt. CEO One From date of Announcement State Control Room & Call Centre CEO 01 Sr. Officer(Incharge) & staff (round the clock) One From date of Announcement Exp. Observer ECI IRS Officer appointed by ECI First visit on One for 4 -5 date of Notification AC

EXPENDITURE MONITORING MECHANISM Teams Appoi nted by Formation Scale Time line Asstt. Exp. Observer DEO Group-B officer or equ. (C. Govt, ITO, Central Excise, A & A, Central PSU) One per AC more in ESCs/ ESPs Fro m date of Announcement Flying squad DEO 01 Ex. Magistrate, 3 -4 Armed police personnel (01 CPF/SAP) 01 Sr. Police officer, 01 video grapher (vehicle, mobile) 03 per AC From date of Announcement Static Surveillance Team (SST) DEO 01 Ex. Magistrate, 3 -4 Police personnel (01 CPF), 01 videographer 03 per AC From date of Notification Video Surveillance Team (VST) DEO 01 official, 01 videographer (vehicle) One per AC 02 in ESCs/ESPs From date of Announcement

EXPENDITURE MONITORING MECHANISM Teams Appoin Formation ted by Scale Time line Video Viewing Team (VVT) DEO 01 officer, 02 clerks, computers One per AC From date of Announcement Accounting Team DEO One account official, One per AC 01 account clerk (Acctt - wings of C. Govt. Deptt) From date of Announcement Distt. Exp. Monitoring cell (DEMC) DEO, Dy. DEO, Ex. Observer, Nodal Officer (ADM/SDM) From date of Announcement One per district

EXPENDITURE MONITORING MECHANISM Teams Appoi nted by Formation Scale Time line Distt. Control Room & Call Centre DEO One Sr. officer & adequate staff (Toll free Tel. Nos with 34 hunting lines) One per district From date of Announcement Distt. MCMC DEO, I & B officer, IIS officer, 01 Journalist, DPRO or DIO (3 -4 TVs with cable connection- all channels, all newspapers inc. locals, Recording Device, Separate room) One per district From date of Announcement Police observer ECI IPS officer (not below rank of DIG level from outside state) In ESCs comprising in few districts From date of Notification

DEO Expenditure Observer Expenditure Monitoring Cell R. O. MCMC Expenditure monitoring control room 24 x 7 Call Centre (Dist. / State Level) DEMC Accounting Team (SOR / FE ) VVT VST Public meeting/Rally AEO SST – Check post monitoring teams F S- complaints of cash transactions /freebies Illegal Expenditure.

EXPENDITURE OBSERVER (EO) § § EOs 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

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, 2 nd 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, 3 rd visit after 30 days from declaration of results to assist in finalisation of scrutiny report prepared by DEO. He would He will send his final(IV) Report after that. (would stay for 7 days)

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 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 10 AM to 5 PM, Publicity has to be given about the contact number of EO and time of inspection, 40

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/FE and signatures of candidate/Agent obtained on both. It must be counter signed by EO/AEO and 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, RO to issue notice to candidate on all such discrepancies and also on all advertisements / Paid News, A photocopy of the accounts maintained by the candidates should be obtained after each inspection and RO will display a copy on the notice board

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), Withdrawal of permission for use of campaign vehicle, if the failure continues in spite of notice, Intimation of such withdrawal of permission to the Flying Squad to take the vehicle out of campaign, Any member of Public can obtain copy of Shadow Observation Register after inspection, notices and replies by candidates on payment of Re. 1/- per page.

REGISTRES MAINTAINED BY CANDIDATES TO BE CHECKED DURING INSPECTIONS Register for maintenance of day to day a/c’s of penses election annexure-14 of the instructions : 44 DAILY PAGES) REGISTER : PART -A (Color: WHITE CASH REGISTER: PART -B (Color: PINK PAGES) BANK REGISTER: PART -C (Color: YELLOW PAGES)

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 45

ASSISTANT EXPENDITURE OBSERVER One Asst. Expenditure Observer (AEO) for each Assembly segment: § AEOs should be of the rank Group ‘B’ Central Govt. Officers. In case of shortage of officers Officers of state finance or treasury may be deployed. § 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.

V • IDEO SURVEILLANCE TEAM Minimum One official, one videographer and one • • • Video Surveillance Team (VST) • • • vehicle Can be more than 1 team at a public meeting, Properly trained to identify and capture MCC and expenditure related events in adequate minute details as required, At the beginning of shooting, the team will record in voice mode the title and type of event , date, place and the name of the party or the candidate organizing the same. It will capture the photo in such a way that the evidence of each vehicle, furniture, rostrum, banner, cutout etc. can be seen clearly and the expense thereon can be estimated, At the end of shooting, the team may also record in voice mode the estimated number and type of vehicles, Chairs, furniture, approx size of rostrum/banner /poster/ cutout etc. used in the event. This team will prepare a video cue-sheet in the format given at Annexure-7 of the instructions. This cue-sheet contains the highlights of the recording with date and time. Therefore it should be ensured by the team that the time and date 47

VIDEO VIEWING TEAM Video Viewing Team (VVT) • 1 officer and 2 clerks (or as required) for each assembly segment , as viewing all CD’s is a time consuming task, • View Video CD provided by VST for identifying election expenditure and MCC related issues, • Submit report containing candidate wise expenditure no later than next day to Accounting Team/ Asst. EO, on public rally including the vehicle numbers, number of chairs, size of Dias, audio system, posters, banners, helicopter expense, media advertisements and Paid News, names of candidates • MCC related report to General Observer and RO 48

ACCOUNTING TEAM Accounting Team • One official and one accounting clerk per segment • Drafted from employees of accounts wing of Central Govt. depts. • Work under Asst. EO, in preparation of Shadow Observation Register and maintaining videos/ CD evidences carefully in Folder of Evidence • To maintain proper back-up which can be called by Commission later. • Will enter expenditure incurred by the candidate on major expenses and corresponding notified rates against each item( major public meetings/rallies) in the Shadow Observation Register, reported by various teams and calculate the total expenditure of the event observed for each candidate. 49

SHADOW OBSERVATION REGISTER (SOR) & FOLDER OF EVIDENCE(FE) SOR is for each Contesting Candidate in a constituency (ANNEXURE-11 of the Instructions). To record all expenses incurred on major events(public meetings/rallies etc. , ) towards election campaign, Signatures of candidate/ authorized agent to be taken The SOR & FE to be handed to the Dy. DEO by the EO for safe custody before leaving the constituency, under receipt. 50 All expenditure recorded to be supported by CD/Video evidences (proper referencing) held in FE and to be crosschecked during Inspections

PREVENTIVE MEASURES : FLYING SQUADS 3 or more FS per AC. FS- to attend to all complaints related to election expenditure & MCC Receive complaints forwarded by Distt. Complaint Monitoring Cell or forwarded from CEO Office Take immediate action on receipt of complaints which will provide complete contact details of complainant Wherever not possible to reach within ½ hour, send SST or local SHO and monitor action taken by the officials 51

FLYING SQUADS All action taken by FS/SST/Local SHO to be videographed Complainant to be contacted in case of clarification FS- report action taken to District Control Room/ Call Centre Forward Daily Report (in Ann. prescribed) to SP & DEO and copy to AEO 52

FLYING SQUADS (FS) Three or more FS to function from date of announcement till completion of Poll. In expenditure sensitive constituencies, more teams can be formed. The FS and SST not be given any other work from announcement to completion of poll. To have one Magistrate, 3 or 4 police officials and one videographer in each FS and SST with proven integrity. Telephone numbers to be provided to the Complaint Monitoring Control room & Call Centre, , 53

FS to be provided dedicated vehicle, mobile phone/s, a video camera and necessary Panchnama documents required for seizure of cash / goods. On receiving complaint of Distribution of cash, liquor etc. FS shall immediately reach and seize items if suspected to be for bribing of electors and record statements of witnesses / persons. The entire proceedings to be video recorded. If FS can not reach the spot immediately due to distance, it will ask the nearest SST or the local police to reach The copy of complaint/ FIR shall be sent to the AEO who will mention it in the Shadow Observation Register. In ESC/ ESP- CPF, State Armed Police may be mixed 54 in FS and SST

72 hrs before the poll the surveillance activity to be strengthened in ESPs. Daily Activity Report to be submitted by FS and SST The nodal police officer at HQs shall follow up the FIR after seizure and send report to the Commission with copy to the CEO after election, on the status of the case in court, 55

All expenditure related complaints filed with District Level 24 X 7 - Complaint Monitoring cell to be recorded and investigated by FS and report sent to RO, DEO and EO. 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. MCC complaints reports to be sent to RO, DEO, Gen Obsever 56

STATIC SURVEILLANCE TEAMS (SST) • The SST shall start functioning from date as decided by Commission • 3 or more SSTs in a constituency or as required, comprising of one magistrate, 3 -4 Police personnel or CPFs and one videographer. They will be putting check posts on major road/arterial road, Border roads of district and state to check movement of illegal cash/liquor/arms or gift items • Before last 72 hrs of poll, they will put checkposts in roads connecting ESPs, as identified by DEO or SP or EO •

STATIC SURVEILLANCE TEAMS (SST) FS or SST to pass on information to the Income Tax Dept. for independent action in case of cash above Rs. 10 lakh • There should be surprise elements in putting the check posts so that one can not anticipate about its placement. • The Flying Squad of the district will supervise the posting of the Static Team/Check Post so as to avoid any harassment of public or any law and order situation arising near check post. •

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 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. §

SOP FOR FS/SST will seize cash or other gift items suspected to be used for inducement of electors under Cr. PC/IPC, if criminality is suspected. In case cash intercepted by FS/SST: Appellate authority is the SDM/ADM of that Distt. (in charge of the expenditure monitoring cell). Cash to be deposited in treasury on the same day FIR to be lodged

Procedures of seizure of illegal items Criminality is determined if: Banner/poster/ Arms or illicit items Cash(more than along with cash or 50, 000) in custody voter slip/any campaign material gift ( more than Rs. of any candidate / 10, 000) along with cash or Agent/ party official gift being carried in a vehicle or any other modus operandi leading to crime 61

Utmost care to ensure all politeness, decency and courtesy Seizure has The authority whom to to be done appeal and with proper Panchnama/ procedure for appeal must Acknowledge be mentioned ment in the seizure order FIR to be lodged and also put in notice board of RO. Copy forwarded to SP, DEO, Exp. Observer, Nodal Officer of Police, Police Observer, Gen Observer (If any) 62

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.

FAQs for Cash found during checking 1. 2. 3. 4. 5. What happens, if Cash exceeding Rs. 50, 000 found during checking with Candidate, Agent, Party worker and suspected for bribery or inducement of voters? What happens, if Cash exceeding Rs. 50, 000 found during checking with any other person and suspected for bribery or inducement of voters? What happens, if Cash exceeding Rs. 50, 000 but less than 10 Lakhs found during checking with any other person? What happens, if Cash exceeding Rs. 10 Lakhs found during checking with any other person? Grounds of suspicion?

DISTRICT EXP. MONITORING COMMTT. (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. 65

DEMC Contd…. 66 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 mentioned in the notice and reply of the candidate, preferably within 72 hours from the date of receipt of the reply from. Lear the ning candidate, whether such suppressed expenditure shall be added or Mod not ule of DEO

DEMC Contd…. the DEO may refer such expenses in the scrutiny report of the candidate to the Commission. 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 after considering such reply and intimate his decision to the candidate/agent and 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 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 with his recommendation.

Nodal Officer of CEO and District Expenditure Cell (EMC) Has an important role in E. E. Monitoring on behalf of CEO. § He shall be resposible for training of all DEOs / Dy DEOs and master trainers of the district and § To coordinate with the agencies and the Commission for smooth implementation of the exp monitoring instructions To ensure proper advertisement of expenditure monitoring measures and functioning of FS, SST and Toll free number of Complaint monitoring cell in all media and distribution of leaflets on above § SVEEP on ethical voting, organise telecast or broadcast of slides, jingles, videos, cartoons, approved by ECI. To organise debate, cartoon, slogan competition among school and college students To settle the complaints of of different teams, candidates and Parties and clear doubts in consultation with Commission

ROLE OF NODAL OFFICER: CEO OFFICE To arrange training of all Political Parties and distribute expenditure monitoring instructions in english and local language, after announcement of election. To arrange meeting of all media persons to sensitize about ‘Paid News’ and distribute EE Instructions. To arrange meetings of NGOs, RWAs on ethical voting. To ensure that CPF are deployed in SST and Police Observers put in ESCs. To answer queries of different officials. To coordinate with ECI on expenditure monitoring measures and to compile reports of seizure and report to ECI. 69

NODAL OFFICER: DISTRICT MONITORING CELL Each district will have a Nodal Officer (on behalf of DEO), and 2 - other officials, it will be in charge of EEM training and coordination with all other team heads engaged in monitoring. § First training of the Asstt. Expenditure Observers (AEOs) and all the officials engaged as soon as the elections are announced, This cell will keep custody of all shadow observation registers and folders of evidence after the poll for production before commission The Cell will assist the DEO and Expenditure Observer in finalizing the scrutiny report to be submitted after 70 declaration of result. To have coordination meetings with the Nodal officers of §

Prventive measures by DEO He shall make appeal to public to 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. He shall give wide publicity about the 24 X 7 - 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, hold competitions, slogans and debates on ethical voting He shall be responsible for training of the manpower engaged in Expenditure monitoring teams in the district and election agents of candidates.

Other Monitoring Measures by DEO The bookings of marriage halls and Mandaps to be monitored, Distribution of gift items and cash coupons to be closely monitored and evidence gathered from such shops, 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.

STAR CAMPAIGNERS All Passengers going by private aircrafts/helicopters will be frisked in commercial airports. The candidate or Party shall inform about travel plan of the aircraft/helicopter 24 hrs in advance for landing and take off in non commercial airports, to DEO for security purpose Candidate shall inform the RO concerned within 5 days of landing about the hiring charges paid or payable for helicopter /air craft and name of the pol. Party in case hiring charges borne by it. List of Star campaigners to be submitted to CEO or the Commission within 7 days of the notification

STAR CAMPAIGNER Travel expenses of star campaigners of allied party are not exempt If Star campaigner travels with candidate(s), then 50% of the travel expense will be added/apportioned to the expenditure of candidate(s) If candidate shares the Pandal with the Star Campaigner or his photo or poster with his name is exhibited in the meeting, then the meeting expense will be added to his account If any attendant, security guard or medical attendant of Star campaigner or any member of the party, who is not a candidate in the constituency concerned, or any representative of electronic/print media travels with him, then travel expenses of such star campaigner shall not be added to the account of candidate provided they do not play any role in election campaign of the candidate.

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 along with 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 127 A of RP Act, 1951 and media must collect a declaration signed by the publisher, attested by two persons (copy of the printed material and declaration from the publisher to be sent by the printer to CEO or DEO within 7 days). Punishment for violation is imprisonment up to 6 months or fine

MONITORING OF VEHICLES Candidates to submit before the RO details of vehicles proposed to be used and obtain permission in writing Permission letter to be displayed on the wind screen of vehicle Permission given to a particular candidate being used by another, vehicle to be seized and exp. For entire period to be added At district level, Party is allowed to have a vehicle for general party propaganda

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, off-take, stock limits of stockists and retailers of IMFL/Beer/country liquor are to be monitored district wise, Opening and closing of liquor vending shops are to closely monitored, Intensive vigil over inter state movement of vehicles at RTO check-posts and border check-posts by special enforcement staff of Excise Deptt. , To conduct raids to seize illicit liquor, Inter state coordination of Excise Commissioners of the bordering states, District level Nodal Officer to submit report every alternate day to DEO, Exp. Observer and State Level Nodal Officer, who will compile the state level report to Commission and CEO (Annex. 22).

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. Criminal Cases pending and Conviction Orders obtained II. Actual value and cost of addition to Immovable assets along with Market value, Bank Deposits and Shares, Actual liabilities including Govt. dues and disputed liabilities, PAN of self, spouse and children and Income Tax paid as per last return, Affidavit are to be scanned and uploaded to web site of CEO within 24 hrs of receiving.

NOT LODGING ACCOUNT IN MANNER o o 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, 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).

NOT LODGING ACCOUNT IN MANNER o o Bills and vouchers are not signed by the candidate or his election agent, 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, Self certified copy of the bank statement not submitted, 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) and 12 of DEO`s Report: - The most important column which may cause the issue of Notice for disqualification to candidate- by the Commission. DEO shall 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.

DISTRICT EXPENDITURE MONITORING COMMITTEE (DEMC) In case of discrepancy between SOR and the register of the candidate, Notice to be issued within 24 hrs by the RO Candidate has to reply within 48 hrs, accepting or disputing the excess amount In case of dispute, the matter shall be decided by DEMC consisting of EO, Dy DEO within 72 hrs in writing and a copy will be issued to the candidate In case of failure to produce the Accounts for inspection, after 48 hrs of notice, the permission for vehicle to be witdrawn and FIR to be lodged

EXPENDITURE INCURRED AFTER THE PERIOD OF INSPECTION DEO to issue notice within 24 hours of lodging the accounts by the candidate The candidate to reply within 48 hours of receipt of notice and the reply to be considered by DEMC and the decision is intimated in writing to the candidate. If candidate does not submit any reply to DEO after receipt of notice, DEMC will decide the case on merits. The notice, the reply by the candidate and decision of the DEMC shall be displayed on the Notice Board. The Abstract statement of accounts, lodged by the candidates to be scanned and put in CEO website within 3 days In case of failure to lodge accounts within the period of 30 days from the day of declaration of result, DEO shall send the report to the Commission mentioning such default. DEO Scrutiny Report to be entered in EEMS software within 3 days of its finalization Lear ning Mod ule of DEO

ROLE OF NODAL OFFICER: POLICE To Supervise prompt action & free functioning of FS, SST and To ensure that no harassment of public by FS and SST. Persons from whom seizure effected to be given proper acknowledgement and name of Appellate authority. To send Daily Activity Report by the FS & SST on same day, after compiling all seizure reports to ECI with copy to CEO. To pursue the FIRs filed after seizure and report status of enquiry after polls. If huge amount of cash, other valuable items etc. are found by FS/SST information may be passed to the relevant enforcement agencies for independent action. To ensure that proper security is provided to the FS and SST. To see that multiple checking on the same road is avoided. To ensure proper placement of the teams in 72 hours before the poll, in susceptible areas To strengthen surveillance of ESP in last 72 hours 89

NODAL OFFICER : INCOME TAX DEPT. An officer of the level of Addl. DIT(Inv. ) to be appointed as Nodal Officer who shall forward a consolidated report to the Commission. One or more ADIT/DDIT(Inv. ) level officers be appointed for each districts for prompt action To set up a control room with toll free number under the Nodal officer for each state concerned and give wide publicity to said no. , record all complaints and take necessary action. He shall station officials at sensitive places, where movement of large sum of un-disclosed cash etc. is suspected and take action as per the Income Tax laws. 90

NODAL OFFICER : INCOME TAX DEPT. CONTD. . § § Air Intelligence Unit (AIU) to be opened in all airports of the poll bound state and airports having commercial flights to poll bound states If any cash exceeding Rs. 10 lakh is found in the airport, the Income Tax Department shall take steps to take necessary action under the Income Tax laws. If it is not possible to seize the same under Income Tax laws, then Income Tax Department shall pass on information to the CEO of the state instantly The CEO shall take steps under IPC, if the cash is suspected to be used for bribing of electors. The CISF authorities will extend necessary information and cooperation in this regard.

NODAL OFFICER : INCOME TAX DEPT. CONTD. . If information of cash withdrawal in excess of Rs. 10 Lakh from the bank account by any person is reported by the Bank to the DEO, the same shall be passed on by the DEO to Assistant Director of Income Tax(Inv. ) in charge of the district/ Nodal officer- IT (Inv. ) of state, who shall take immediate action under the Income Tax laws FIU reports on suspicious Transaction Reports to be kept on priority FIU report on profile of candidates to be reported to Commission To survey shops suspected of having items for bribing of electors. To send seizure reports to Commission every alternate

OTHER ROLE OF INCOME TAX DEPT To download from the ECI/ CEO’s website (www. eci. gov. in) the affidavits on assets and liabilities filed by candidates and investigate and report Type-A and Type-B cases, where there is suppression of information, as compared to their returns of income Type A cases: where there is suppression of assets or liability in the affidavits (45 days) Type B cases: where there is large scale evasion of tax ( Six months) Type C cases to Assessing officers

ROLE OF INCOME TAX DEPT. To report to Commission about the political parties which have not filed Income Tax returns and action taken by the Dept. , To report misuse of tax exemption provisions by the political parties, Common Cause Vs. Union of India, Supreme Court held:

ROLE OF INCOME TAX DEPT. The deployment will be from the date of Notification of election till the end of poll. SOP issued from time to time for coordination with all the departments. Income Tax Department can take suo motu action for which the security will be provided by the CEO/ DEO.

Role of Nodal Officer of Excise Deptt: MONITORING OF LIQUOR From the date of announcement of election, the production, off-take, stock limits of stockists and retailers of IMFL/Beer/country liquor are to be monitored district wise, Opening and closing of liquor vending shops are to closely monitored, Intensive vigil over inter state movement of vehicles at RTO check-posts and border check-posts by special enforcement staff of Excise Deptt. , and to put CCTVs in distilleries 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).

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/ phy. Checking of baggage to be done (except exempted category) 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 97 early as possible, preferably half an hour in advance.

SOP: CHECKING OF HELICOPTERS/ AIRCRAFTCommercial Airports Contd…. CISF to inform the Income Tax dept. if cash above 10 Lacs/ bullion 1 kg 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 non-commercial airstrips/ helipads during election process proper screening/ phy. Checking of baggage coming out of the craft to be done by Flying Squad/ Local Police authorities in co-ordination with pilot of the aircraft and videographed No body-frisking of any passenger or no checking of hand held purse/Pouch of passenger to be done 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 in writing, regarding the details of expenditure incurred on hiring such crafts and name of pol. Party if party has borne the expenses with names of passengers. 99

NEIGHBOURING DISTRICTS OF OTHER STATES FOR MONITORING OF INFLOW ON MONEY, LIQUOR etc. & SEALING OF BORDERS ON THE EVE OF POLL S. NO. Name of State Name of Neighboring District 1. Uttar Pradesh Ghaziabad, Gautam Budh Nagar (Noida), Bagpath 2. Haryana Gurgaon, Faridabad, Sonipat, Jhajjar

EXPENDITURE MONITORING Ø Ø Ø Ø Ø Infrastructure (Assessment and Arrangement) Manpower Videography Vehicles T. V. with cable connection Radio, FM channels Toll free telephone lines at Control Room Computer/ Printers/ Scanner Internet Connection Stationery/ Registers etc

TRAINING AND DEPLOYMENT TRAINING – VERY IMPORTANT Ø All expenditure monitoring functionaries including photographers at district level- AEO, Flying squads, SST, VVT, VST, Accounting Team, Control Room, Photographers etc (immediately after announcement of elections) Training of the officials including Police, Income Tax and Excise, deployed is to be done immediately after announcement. Officers deployed not to be given any other duty during this election process. Coordination meetings of all Nodal officers.

EXPENDITURE MONITORING AWARNESS AMONGEST STAKE HOLDERS IS MUST Ø Meeting with Political Parties/ Candidates Ø Meeting with NGOs/ RWAs Ø Meeting with Media persons Ø Media Briefing Ø Public Awareness Programs

MEETING WITH POLITICAL PARTIES DEO will also discuss the various rates of expenditure and consider their suggestions before notification of rates, Rates to be realistic and may be different for city or rural areas 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.

MEETING WITH POLITICAL PARTIES DEO will have a meeting with all recognised Political Parties within 3 days of announcement of election about the Instructions of the Commission and explain the legal provisions and give a copy of the compendium of instructions, He will also discuss the various rates of expenditure and consider their suggestions before notification of rates, CEO will arrange facilitation training at State Level on Expenditure Monitoring Measures for the representatives of all registered political parties of the state, to explain various legal provisions including the procedures.

NOTIFICATION OF RATES FOR ASSESSMENT OF EXPENDITURE The list of these rates would be given by the RO to the candidates at the time of filing of nomination papers, 2. If the rate of any item is not available in the list, the candidate/election agent, if they wish, may apply with the DEOs to notify the rates for such items as well and the DEOs will take appropriate steps to notify them, 3. Any objection regarding the quantum of such rates has to be made to the DEO within 24 hours of notification, 4. To obtain airing charges from media houses with reference to campaigning through electronic media. 1. 106

RATES OF ITEMS TO BE FIXED AFTER CONSULATATION WITH POLITICAL PARTIES: Loudspeaker with amplifier and microphone podium or Pandal of standard sizes, Cloth banner, Cloth flags, Hand bills, Posters, Hoardings, Cut outs (wooden), Cut outs (Cloth/plastic), Video Cassettes/CDs, Audio Cassettes/CDs, Daily hiring charges of vehicles (all types of vehicles), chairs, tables and other furniture, electrical fittings/equipments, Print media advertisements and DAVP rates Audio slots on Radio & AV on TV, cable TV, State & National Level TV Learning Module of RO/ARO Channels Any other item commonly used in a district. 107

TWO TRAINING PROGRAMMES The DEO will arrange two facilitation trainings at his own office for all election agents/candidates through the Exp. Monitoring cell , One, immediately on the day of scrutiny of nomination in presence of Expenditure Observers to acquaint them with the legal provisions, procedures for filling up the forms and registers and dates of inspection of accounts, Second, within a week before the final date of submission of accounts in presence of Asst. Exp. Observers (i. e. , after 20 days of declaration of results) Candidates and officials engaged in his office for receiving the accounts, regarding the procedure for filling Statements of Election Expenses and affidavits, consequences for failure and other legal provisions.

Returns by 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 29 C 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 30 th Sept.

MONITORING OF CAMPAIGN THROUGH MEDIA: MCMC Print Media Electronic Media Local Newspapers Radio including Private FM Other newspapers in circulation in area TV channels, cable network Magazines Bulk SMS Pamphlets & Posters 110

DISTRICT LEVEL MCMC – TO OPERATE 24 X 7 • A Dist. Level MCMC comprising DEO/RO (of Parliamentary Constituency), ARO (not below SDM), Central Govt. I&B Official(if any) and 1 citizen/ journalist nominee of Press Council of India/ DPRO or DIO equivalent- member secy. • Certifying advt. proposals of candidates, • Scanning media for suspected ‘paid news’ and examination of complaints, reference by EO. • RO to issue notice to candidate within 96 hrs. and on receipt of reply from candidate Dist. Level MCMC to decide expeditiously & convey decision to candidate. If he/she does not reply within 48 hrs of recpt. of notice, then Distt. MCMC’s decision is final. • EO to report to ECI immediately on Paid News • Infrastructure – in separate room - 3 -4 TVs with cable, all newspapers including local, 111

Check list for DEOs: Before announcement To identify officers for Assistant Expenditure Observers form Income Tax, Customs & Central Excise or other Accounts Departments of Central Govt. or PSUs. To identify manpower for Flying Squad (one or more per AC); Static Surveillance Team (3 or more per AC) and Video Surveillance Team( one or more per AC) To Mobilise Video Cameras as per requirement of Video Surveillance Teams, Flying Squads and Static Surveillance Teams. To arrange TV/Computers with TV connection for MCMC. To identify Expenditure Sensitive pockets (ESPs) and Expenditure Sensitive Constituencies’(ESCs) – on the basis of level of development, literacy, complaints during Legislative Assembly Election to forward to ECI. To identify the Nodal Officer of State Police and State Excise Department of the district for Expenditure Monitoring programme- they will be Master Trainers.

Check list for DEOs: Before announcement To pursue all pending cases of last election, where FIR was filed and take it to logical conclusion. To identify officers who will be notified as Executive Magistrate for the Flying Squad / Static Surveillance Team. To prepare plan for training of all manpower to be deployed in Expenditure Monitoring Teams in 2/3 phases. To identify a senior officer of ADM rank as Nodal Officer for Expenditure Monitoring and forward his name, telephone no. , fax no. and mobile no. etc to ECI – He will be Master Trainer for all Expenditure Monitoring officials. To get the figures of Daily production, distribution and storage of liquor in the district during last year

Check list for DEOs: Before announcement To identify Expenditure Sensitive Pockets in each constituency on the basis of complaints during last election, literacy and economic development of the area and to intimate to Commission through CEO To prepare plan for Ethical Voting campaign involving the students of colleges and schools, NYK, NSS and CSO To print the Registers and forms for the candidates and the teams

Check list for DEOs: After announcement To arrange meeting with banks for (i) facilitation in opening bank account by candidates and issuing cheque books instantly (ii) sending suspicion transaction report exceeding Rs. 1 Lakh instruction dated 19. 7. 2012 (Annexure-64) (iii) Procedure to be following for ATM Vans as per guideline of Ministry Finance dtd. 20. 2. 2013 (Annexure 66) To go through the Guidelines for permission for helicopter landing in the district as for checking of baggage. To arrange meeting with political parties in the district after announcement of election for notification of rates of different items of election campaign expenditure and hand over a copy of Compendium of Instructions on EEM.

Check list for DEOs: After announcement After Announcement: To ensure that FS, VST, VVT, MCMC, Accounting team are functional District level Complaint monitoring Cell is functional with toll free number All rallies are videographed for verification of party expense To ensure that the district level state excise deptt is submitting report in the prescribed proforma

Checklist of DEOs: After Nomination To ensure that the SST is functional and put in ESPs/ major roads To ensure that the proper registers and forms for affidavits are given to candidates for filing the nomination Take note of the list of Star Campaigners received by the CEO and ECI within 7 days of notification of election. To ensure that the training of candidates or agents at RO level is organised on the date of scrutiny of nomination

Checklist of DEO: After Completion of election To issue a letter just after declaration of results to all the candidates for lodging the account within 30 days of declaration of result and mentioning the date of facilitation training in that notice. To arrange one-day facilitation training programme for all the election agents/candidates and the personnel engaged for receiving the accounts, within one week before the final date of submission of the account of election expenses. Scanned copy of the Abstract Statement (Part I to Part VI) of all the candidates to be put on the website of the CEO, positively within 3 days of lodging of account of election expenses by the candidate, for wider dissemination of information to all public. The list of winner and runner up and their election expenditure as shown in their accounts is to be prepared and are put in notice board of DEO

Checklist of DEO: After Completion of election To scrutinize the statement of accounts of election expenditure submitted by each candidate, with the help of the DEMC and issue notice within 24 hrs in respect of expenses, not correctly shown and calling for the reply from the candidate on such discrepancy within 48 hrs To intimate to the candidate in writing the decision of DEMC on his reply To get the comments of Exp. Observer on his Scrutiny report and forward to the Commission through the CEO within 37 days of declaration of the results in the prescribed format. The scrutiny report of DEO for each candidate is to be entered in EEMS Software, within a week after submission of DEO’s Scrutiny Report.

Pledge I do swear in the name of God / do affirm that I shall discharge my duties, 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

Important Reports Election. Expediture. Monitoring 22072013. pdf 121

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: 011 - 23318506, 09868301742 e-mail: prasana. dash@eci. gov. in, prasanadash@gmail. com

THANKS 123