Election Expenditure Monitoring EEM BRIEFING OF DEOROsMTs Assembly

Election Expenditure Monitoring [EEM] BRIEFING OF DEO/ROs/MTs Assembly Elections- 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 2

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. "

USE OF MONEY POWER Without Money, Multi-party democracy cannot function But ‘Money Power’ involves certain risks: 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. Ø Excessive, illegal & illegitimate expenditure in elections is the root cause of corruption 4

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

NOTHING OFFICIAL ABOUT IT… Ceiling Limit for a candidate Is there any Celing Limit for an Agent of Candidate? So, ….

LEGAL PROVISIONS : The Representation of the People’s Act, 1951 The Conduct of Elections Rules, 1961 Instructions of Commission Indian Penal Code, 1860 Income Tax laws

TYPES OF ELECTION EXPENDITURE Election expenditure can be classified into two types on the basis of legal provisions Expenditure permissible under the law [public meetings, posters, banners, vehicle etc. ] Ceiling for Chhattisgarh Rs. 14 lakh for assembly Rs. 40 lakh for Parliamentary constituency Illegal expenditure [Distribution of money, Gifts, liquor or any other item among electors with the purpose of influencing them] Such type of expenditure on election expenses incurred by the candidate has to be stopped 9

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 an separate, correct account of election expenditure incurred/authorized between date of nomination & declaration of results. Sec 78 : Lodging of account with District Election Officer • Within 30 days from the date of election, contesting candidate should lodge with DEO “true copy” of election expenses kept by him/election agent Learning Module of RO/ARO RP AC T, 19 10 51

TO RECALL THE MAJOR LEGAL PROVISIONS Co RELATED TO EEM nd • Rule 89: Report by the [DEO] as to the lodging of account of election expenses and the decision of the ECI thereon • • • Ele uc Ru ction t o (1) As specified regarding lodging of accounts, les, 19 DEO to send report to ECI specifying: 61 • Whether candidate has lodged account of expenses and if so, the date on which it was lodged • If account lodged in time and in the manner • (2) If not lodged in time and manner, attaching the account of expenses and vouchers (3) Publish copy of same on notice board (4) If accounts not lodged in time or in right manner, ECI issues show cause notice to candidate under Sec 10 A of R. P. Act, 1951 (5) Candidate to send response to notice within 20 days to ECI and copy to DEO (6) DEO to forward the copy to ECI with comments, if any, within 5 days of receipt (7) If ECI finds no valid justification in candidate’s representation, shall disqualify for 3 years from date of order and publish in Official Gazette 11

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 12

Provisions of the Indian Penal Code, 1860 • 171 E – Punishment for bribery • one year imprisonment or fine or both. 13 171 B – Bribery Any person giving or accepting gratification to induce a person to exercise his electoral right would commit the offence of bribery. • Gratification – Offering gratification, agreeing to give gratification, attempting to procure gratification shall be deemed as giving gratification. 171 C – Undue influence at elections 171 F – Punishment for undue influence at elections • Any Act which voluntarily interferes or attempts to interfere with the free exercise of any electoral right. • one year imprisonment or fine or both. Lear ning Mod ule of DEO

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. 14

ELECTION EXPENDITURE: CASE LAW The Hon’ble Supreme Court in L. R. Shivaramagowde Vs. T. M. Chandrashekhar - AIR 1999 SC 252 has observed that the Election Commission of India: Can go into the correctness of the account of election expenses filed by the candidate, and Ø Disqualify a candidate under section 10 A of the Representation of the People Act, 1951 in case the account is found to be incorrect or untrue. Grounds: 1. The candidate does not lodge an account of election expenses in time and manner. 2. The account lodged by the candidate is incorrect and untrue. 15

TAMIL NADU ELECTIONS : VIDEO Let us watch a video on the cash seizures made during general elections to Tamil Nadu Assembly. 16

Illegal ways of wooing electors 1. Cash in envelopes in newspapers pushed beneath the door of the elector. 2. Inside Morning Milk pouch, along with cash in an envelope. 3. Through Self Help Groups (SHG) for onward distribution among women electors. 4. Through pawnbrokers by reimbursing the short term loan taken by electors, by mortgaging jewellery. 5. Paying cash as incentive for not casting vote by the committed voters of 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 electors. 7. Cash given through community feasts under the plate or banana leaf. 8. Cash given in the name of MGREGA, DWACRA and other government projects. 9. Cash given to dummy candidates for using the permission obtained by them for the campaign vehicles or political agents. 10. Cash given to certain non-serious persons of a locality to contest to divide votes of rivals.

11. Cash given to Leaders of rival political parties, rival candidates not to seriously campaign in elections. 12. Black Money raised by party/candidate in name of coupon sale. 13. Cash given to the polling agents of rivals candidates, to be silent, during counting. 14. Cash given to village headman for ensuring votes. 15. Cash given to village fund on the eve of election for construction of road or temple or school, etc. 16. Distributing Cash among the Ladies who come for “Aarti” to candidate. 17. Distributing Cash for those who come to attend public rally arranged by party or candidate. 18. Making Cash payment for the vehicles or Trucks for ferrying the voters to the place of rally or to the polling booth. 19. Cash given to journalists or media men to write positively about the candidate or to write pessimistic news of rivals. 20. Cash given to journalists/media men to blackout the news about the rivals or to publish negative news.

21. Cash transferred through RTGS route of banks to the a/c’s. 22. Cash given to the youth clubs on the eve of elections for organizing cricket match, football match. 23. Cash given for charity like organizing medical camp, melody party, theatres etc. , on the eve of elections. 24. Distributing TVs, video recorders & projectors to village clubs. 25. Giving cash for constructing toilets, tubewells or mobile phone withtopupcardsorlaptopstothevoters 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.

31. Distribution free books to the students, just before elections. 32. Free admission to children of influential voters of a locality in Engineering. Collegeormedicalcollegerunby the candidate. 33. Distributing free cows or buffalos among voters before election. 34. Distributing free agriculture seeds and manures among the voters. 35. Distributing free solar lamps among the rural voters. 36. Distributing diaries, calendars, purse, T-shirt, sarees and vanity bags. 37. Using ‘Aarthiyas’ (commission agents) for distribution of cash among farmers waiving or his commission demanded form the farmers. 38. Cash given to religious leaders or leaders of a caste for ensuring votes of their followers. 39. Distribution of liquor, drugs, poppy husks among the

MODES OF TRANSPORT OF CASH In ambulance vans In bonnet of the car Inside door panels of the car On roof top of buses In police vans In Helicopters

PREVENTIVE METHODS FOR CURBING THE USE OF BLACK MONEY Campaign for “Ethical voting” through Media Announcement through Public address system fitted on the vehicles of the Flying Squads Separate Bank account by each candidate Involvement of school and college students in spreading the message against bribery during elections Involving Civil Society Organisations, RWA. NYKs etc

Mechanism for Election Expenditure Monitoring in Assembly Elections 24

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. 26

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 Channels Any other item commonly used in a district. Learning Module of RO/ARO 27

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

NEW EXPENDITURE MONITORING MACHINERY Expenditure Observer (EO) Asst. Expenditure Observer (AEO) Flying Squad and Static Surveillance Teams (FS and SST) Video Surveillance Team (VST) Video Viewing Team (VVT) Media Certification and Monitoring Committee (MCMC) Dist. Exp. Monitoring Committee (DEMC) Accounting Team Liquor monitoring Team 29

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

EXPENDITURE OBSERVER (EO) 31 To be appointed by the Commission. § EO’s are responsible for overall supervision of expenditure monitoring for two or more Assembly segments. § They will train the Asst. Expenditure Observers and inspect functioning of different teams engaged in expenditure monitoring in each constituency § They will coordinate with various law enforcement agencies of Income tax, Police, BSF/SSB, State Excise and DRI § They will assist the DEO in preparation of scrutiny report

STRUCTURE AND FUNCTIONS Expenditure Observers for each district not more than five Assembly constituencies Assistant Expenditure Observer for each constituency More number of Observers and Assistant Observers in ESC (Expenditure sensitive constituency) More number of Flying Squads and Static Surveillance teams with man power from central Govt. and central PSUs and CPF

ROLE OF DEO He shall make appeal to public to avoid carrying huge amount of cash during election process, He shall give wide publicity about the 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 and educate them that both receiver and giver of bribe are punishable as per law, He shall be responsible for training of the manpower engaged in Expenditure monitoring teams and election agents.

Let us watch a video on ethical voting! 34

EXPENDITURE MONITORING NODAL OFFICER District level Nodal Officer in office of DEO, of the rank of SDM/ADM, who will be in charge of Expenditure monitoring training and coordination with all other team heads engaged in expenditure monitoring, § He will be responsible for expenditure monitoring efforts in the district, providing manpower and logistical support like space and equipments, Training of the Asstt. Expenditure Observers (AEOs) and all the officials engaged in various teams should be done by the Nodal Officer of the District §

EXPENDITURE MONITORING NODAL OFFICER The Nodal officer will keep custody of all shadow observation registers and folders of evidence after the poll, Nodal Officer of Expenditure Monitoring Cell shall act as the link between the DEO and the EO, Nodal Officer will assist the DEO and Expenditure Observer in finalizing the scrutiny report to be submitted after declaration of result. The affidavits of assets and liabilities filed by candidates to be scanned and put in website

VIDEO SURVEILLANCE TEAM and one • Minimum One official, one videographer • • • 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 37

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 38

ACCOUNTING TEAM Accounting Team • One official and one accounting clerk per Assembly Constituency/segment • Drafted from employees of accounts wing of Central Govt. depts. • Work under Asst. EO, involved in preparation of Shadow Observation Register and maintaining videos/ CD evidences carefully in Evidence Folder. To maintain proper back-up which can be called by Commission later. • Will enter expenditure incurred by the candidate on major expenses and corresponding notified rates against each item( major public meetings/rallies) in the Shadow Observation Register, reported by various teams and calculate the total expenditure of the event observed for each candidate. 39

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 40

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, 41

SEPARATE BANK ACCOUNT 1. 2. 42 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.

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, All expenditure recorded to be supported by CD/Video evidences (proper referencing) held in FE and to be cross- checked during Inspections Signatures of candidate/ authorized agent to be taken The SOR & FE to be handed to the Dy. DEO by the EO for safe custody before leaving the constituency, under receipt. 43

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 44

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 45

STATIC SURVEILLANCE TEAMS (SST) • • There shall be three or more Static Surveillance Teams in each AC with one magistrate, 3 -4 Police personnel and one videographer. Expenditure Sesitive Pockets (ESP) in each constituency are to be identified on the basis of last complaints and economic development They will be responsible for putting the check post on major road/arterial road/ ESP to check movement of illegal cash/liquor/arms or gift items There should be surprise element in putting the check posts so that one can not anticipate about its placement. To avoid any harassment of public. Checking by SSTs from the date as decided by ECI ( generally from the date of notification of election) Plan for deployment of SST during last 48 hrs to be worked out in advance

STATIC SURVEILLANCE TEAMS § The entire activity at the check post should be video graphed and the DVD handed over to Accounting Team, for keeping in `folder of evidence`. § Any member of public may ask and take copy the Video DVD/CD for a particular day by depositing Rs. 300/-. § It will submit a Daily Activity report in prescribed format (Annexure-9) to SP, RO and Assistant Expenditure Observer , § The Nodal Officer at Police Headquarters at State level will compile the Daily Activity reports of Flying Squads and Surveillance Team and send to the CEO and Commission. EO to have coordination meeting with all law enforcement agencies of district and the teams.

Criminality is determined, Posters/ election materials Drugs, liquor, arms or gift items valued at more than Rs. 10, 000 Cash(more than Rs. 50, 000) in custody of any candidate/agent/ party official being carried in a vehicle 48

Utmost care to ensure all politeness, decency and courtesy Seizure has to be done with proper Panchnama/ Acknowledge ment The FIR to be Copy authority lodged and forwarded to whom to also put in SP, DEO, appeal and notice board Exp. procedure of RO. Observer, for appeal Nodal Officer must be of Police and mentioned in Police the seizure Observer order (If any) 49

STANDARD OPERATING PROCEDURE : SOP During checking by SSTs, if any cash exceeding Rs. 50, 000 is found in a vehicle carrying a candidate, or his agent or party worker or carrying posters or election materials or any drugs, liquor, arms or gift items(valued more than Rs. 10, 000) which are likely to be used for inducement of electors or any other illicit articles are found in a vehicle, the same shall be subject to seizure. Whole event of checking/seizure to be video graphed by video team submitting CD to R. O. , An Appeal is to be made by DEO and CEO in local language through Flying Squads / media regarding the enforcement measures & advising the public and political functionaries not to carry huge cash during election process.

VISIT OF EXPENDITURE OBSERVER To reach the constituency on the day of notification of elections, EO to leave the constituency after submitting the poll preparedness report-I, 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, 53

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 : DAILY PAGES) REGISTER : PART -A (Color: WHITE CASH REGISTER: PART -B (Color: PINK PAGES) BANK REGISTER: PART -C (Color: YELLOW PAGES) 57

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 58

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.

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

SOP: CHECKING OF HELICOPTERS/ AIRCRAFT The Bureau of Civil Aviation Authority Instruction on the issue Frisking and pre-embarkation checks of Bags at commercial airports: During election process proper frisking of all persons (excepting the exempted category) going by private Helicopter or private aircrafts, and preembarkation screening/ phy. Checking of baggage to be done at commercial airports No prior permission for landing/ take off at commercial airports from DEO. ATC to inform CEO or DEO half an hour in advance ATC to keep records of all such pvt. Aircrafts/ helicopters and make available to the CEO within 3 days of landing or takeoff. The CEO to share this with EO for 76

SOP: CHECKING OF HELICOPTERS/ AIRCRAFT At Non-Commercial airports or Helipads: Application to be made by candidate or party to the DEO concerned 24 hrs in advance o Frisking of any passenger at the time of disembarkation will not be done, but all baggage to be checked o Candidate to inform the RO concerned the details of passengers, expenditure incurred on hiring such crafts and name of pol. Party if party has borne the expenses within 5 days of landing Pol. Parties to inform the ECI within 75 days (for AC) and in 90 days ( for PC) after completion of election, details of expenses on hiring 77

ROLE ASSIGNED TO INCOME TAX DEPARTMENT To gather intelligence/ keep watch over movement of cash in the constituency and take necessary action under IT Laws To watch all airports of the state, major railway stations, hotels, farm houses, hawala agents, financial brokers, Cash couriers, Pawn brokers IT Deptt. will open Air Intelligence Units in all airports of the poll bound states and also shall keep vigil over movement of cash through aircrafts/ helicopters leading to poll bound states, To verify the assets and liability from the affidavits To verify returns by Political Parties

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.

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. 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 Address- Nirvachan Sadan, Ashoka Road, New Delhi-01

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