Election Expenditure Monitoring [EEM] Briefing of Nodal officers Assembly Elections in UP, Uttarakhand, Punjab, Goa and Manipur 2017

Why monitoring is required?? Ensuring level playing field Restricting expenditure within the ceiling. Making candidates aware about the proper accounting of election expenditure and also that that concealing the expenditure may lead to their disqualification Making public aware that incurring or authorising of expenditure in excess of the prescribed ceiling is a corrupt practice u/s 123(6) of the R.P.Act, 1951 and the election of such candidate can be challenged in the High Court.

Types of election expenditure Election expenditure can be classified into two types on the basis of legal provisions Illegal expenditure [Distribution of money, Gifts, liquor, drug or any other item among electors with the purpose of inducing them] Expenditure permissible under the law [public meetings, posters, banners, vehicle etc.] Ceiling for See rule 90 of the CE Rules, 1961 Max-PC- 70 lacs AC-28 lacs (20 lacs Goa, Manipur) Such type of election expenses of the candidate and political party have to be stopped through expenditure monitoring 3

PROVISIONS OF IPC & R.P.Act, 1951 171 B: Whoever gives or accepts gratification to induce a person to exercise his electoral right commits the offence of bribery. 171 E: Whoever commits the offence of bribery shall be punished with imprisonment which may extend to one year, or with fine, or with both. RP Act Section 77- every candidate has to keep a separate account of on expenditure in connection with the election incurred or authorised by him/ his agent between date of nomination and date of declaration of result. The account shall contain prescribed particulars and expenditure shall not exceed the prescribed ceiling. Section 78- Every candidate is required to lodge with the DEO an account of his election expenses within 30 days of declaration of result. Section 10A : Failure lodge an account of election expenses within time and manner required by law and has no good reason or justification for the failure. (2) Disqualification for a period of three years from the date of order of the commission.

Preventive methods for curbing the use of Black Money Campaign for “Ethical voting” through Media Appeal to political parties to ask their office bearers not to carry huge amount of cash during elections. Proper authority letter of party treasurer is required for transportation of cash, if any, for election purpose. Involvement of school/college students and Booth level Awareness Groups(BAGs) in spreading the message against bribery during elections. Involving Civil Society Organizations, RWA. etc., Announcement through Public address system fitted on the vehicles of the Flying Squads that both giving or taking bribe for casting votes is a punishable offence. Separate Bank account by each candidate.

Mechanism for Election Expenditure Monitoring in Elections

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) Accounting Team Nodal Officers of Police, IT, Excise, NCB and Nodal Officer in DEO office

Video Surveillance Team (VST) Video surveillance team(VST), Video viewing teams(VVT)& accounting team Video Surveillance Team (VST) VST to be properly trained to identify/capture MCC and expenditure related events in minute detail. VST prepares a video cue-sheet in the format given at Annexure-7 of the instructions. VVT for each assembly segment, should have sufficient staff as viewing all CD’s is a time consuming task, It submits report containing candidate wise expenditure, no later than next day to Accounting Team/ Asst. EO, on public rally/ meeting including the vehicle numbers, number of chairs, size of dais, audio system, posters, banners, vehicle expense, media advertisements etc., Accounting team enters expenditure incurred by the candidate on major expenses against each item ( major public meetings/ rallies) in the Shadow Observation Register, 8

FLYING SQUADS 3 or more FS per AC.FS- to attend to all complaints related to election expenditure & MCC. Vehicles of FSTs to be GPS enabled 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 9

STATIC SURVEILLANCE TEAMS (SST) There shall be three or more SSTs in each AC with one magistrate, 3-4 Police personnel and one videographer. (8 hourly shift duty) They will be responsible for putting the check post on major road/arterial road to check movement of illegal cash/liquor/arms or gift items There should be surprise element in putting the check posts. The Flying Squad of the district will supervise the posting of the Static Team/Check Post so as to avoid any harassment of public. Checking by SSTs from the date of issue of notification of election. While checking the team members should be polite and courteous esp. while interacting with females. Unless otherwise intimated, their handheld purses should not be checked.

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`. 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. Expenditure Sensitive Pockets(ESPs) should be under 24x7 surveillance by the FSs/SSTs during last three days before poll and there should be mix of CPF in SSTs during this period. EO to have coordination meeting with all law enforcement agencies of district and the teams.

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.

Release of seized cash To avoid inconvenience to public and genuine persons and also for redressal of their grievances, if any, a committee shall be formed comprising three officers of the district, namely, i) CEO, Zila Parishad/CDO/PD, DRDA ii)Nodal Officer of EEM in DEO’s office(Convenor) and iii)District Treasury Officer The Committee shall suo motu examine each case of seizure made by Police/SST/FS and where Committee finds that no FIR/ complaint filed against the seizure or not linked with any candidate /political party, as per SOP, it shall take immediate steps to order release of such cash to person concerned after passing a speaking order to that effect. If release of cash is more than 10 lac, Nodal Officer of It shall be informed before such release. The procedure of appeal against seizure should be mentioned in the seizure document All cases of seizure should be intimated to Committee

Separate Bank Account The candidate has to open a separate bank account for election expenditure, at least one day prior to filing of his nomination papers. All payment by a candidate above Rs. 20,000 to be made to any person during the entire election process should be by account payee cheque or bank transfer. All loans/ donations above Rs. 20,000 received by candidates should be by account payee cheque or band transfer.

Dos and Don'ts Don’t take family Don’t talk to press, you are eyes and ears of the commission and not the mouthpiece ! Don’t make undue demands. All your logistical requirements are looked after adequately by the district administration. You are expected to observe sincerity and honesty of highest order. Thus integrity of character is to be maintained religiously. Don’t leave constituency or travel outside constituency without permission Don’t indulge in loose talk either about candidate or party Do send reports as per schedule and leave constituency only after uploading the reports Do see the Observer portal for any new instruction If not satisfied with functioning of any official, report to ECI And finally..... Don’t ask for exemption!

धन्यवाद ! THANKS!