Expenditure Observer duties and responsibilities What is the role of a Expenditure Observer officer?
For monitoring day to day election expenditure incurred by the candidates, the election expenditure monitoring mechanism has been put in place in each constituency. Maintenance of the day to day account of election expenditure by the candidate is mandatory. Though the account of election expenditure is required to be submitted within 30 days from the date of the declaration of the result, monitoring has to be done on a regular basis during the campaign period so as to properly and correctly account every election expenditure incurred by the candidates and political parties during this period. After the campaign is over it is difficult to gather evidences relating to election expenditure, incurred on various rallies/ meetings convened by the candidates and political parties. Since, the DEO is required under the law to scrutinize and submit a report to the Commission after the election, it is primarily the duty of the DEO to ensure that proper evidences are gathered during election campaign, based on which subsequently it would be decided whether any expenditure was left out in the statements of the accounts submitted by the candidates. The following will be the structure of the expenditure monitoring mechanism:
1. Expenditure Observer (EO):
Expenditure Observers are appointed by the Commission for specified constituencies to observe the election expenses incurred by the candidates. There shall be at least one Expenditure Observer for cach district. However, it shall be ensured that each Expenditure Observer ordinarily does not have more than five Assembly Constituencies under his observation.
Visits by the Expenditure Observer:
The Expenditure Observer shall reach the constituency on the day of the notification of elections for the duration of 3 clear days. During this visit he shall meet all the teams engaged in election expenditure monitoring, If the Expenditure Observer is not satisfied with the performance of the AEO he shall ask for a change and the DEO shall provide an additional list of officers; he may change AEOS depending on their suitability. He shall also train all the officials about the procedure of expenditure monitoring and ensure that the teams are properly equipped. He shall coordinate with the DEO, SP Nodal Officers of Police, Income Tax and State Excise and with other enforcement agencies. He will leave the constituency only after submitting poll preparedness report.
He shall again visit the constituency, for the second time, one the date immediately after the date of withdrawal of candidatures and shall remain in the constituency during the entire campaign period, and shall leave the constituency only after the poll. If he is performing the function of the General Observer, he will leave the constituency only after scrutiny of Form 17-A, and after ensuring that the Presiding Officer's diary is complete and the strong rooms are sealed. He may also be required to stay till the completion of counting
The Expenditure Observer shall once again visit the district on 25th day after the declaration of results of election and stay in the district for & clear days to assist the DEO in scrutinizing the statements of accounts of election expenditure submitted by the candidates after the declaration of results. He should be present in the Account Reconciliation Meeting to be convened by the DEO on the 26th day after the declaration of results. The DEO shall facilitate the lodging of accounts by all within 30 days of declaration of result.
Role of Expenditure Observer:
Expenditure Observers are the eyes and ears of the Commission for monitoring of election expenditure. The Expenditure Observer shall supervise and guide all the election expenditure monitoring personnel engaged in the constituency. He shall guide the DEO in imparting final training to all the expenditure monitoring personnel.
He shall supervise the functioning of the Assistant Expenditure Observers. He shall give final training to the Assistant Expenditure Observers and ensure that proper training is imparted to the official deployed in this role. There may be more than one AEO for the constituency, depending on the requirement. He shall periodically inspect the functioning of all the teams engaged in expenditure monitoring and wherever there is laxity or irregularities in functioning of any of the teams, he shall bring it to the notice of the DEO. The DEO shall take corrective steps immediately on the recommendation of the Expenditure Observer.
He shall inspect the expenditure register of each candidate at least three times during the campaign period and give his comments on the discrepancies. The dates of inspection should be fixed in such a way that the gap between two inspections should not be less than 3 days and the last inspection should be fixed not carlier than 3 days from the poll day, so that major campaign expenditure is covered under inspection.
For any understatement of expenditure in the candidate's register, the Expenditure Observer shall give his remarks in the candidate's register during inspection and put his signature: The same shall be noted in the Shadow Observation Register and the signature of the election agent/candidate obtained on it. Such discrepancy should be referred to the R.O. on the same day, who shall issue notice to the candidate on the same day as per order of Commission, dated 29th May, 2015 (Annexure-C10). In case of any difficulty, the Expenditure Observer shall inform the Commission and seek its guidance.
The EO shall coordinate with the Investigation Directorate of the Income Tax Dept., Nodal Officer of Police, Nodal Officer of State Excise Dept., and ensure that there is free flow and exchange of information among all the agencies. On receipt of information from any agency, action is to be taken promptly by the law enforcement agencies concerned. In case action is not taken in time by any agency, he shall immediately bring it to the notice of the Commission, with a copy to the CEO.
In the past, some instances have been brought to the notice of the Commission in which the action. of the Expenditure Observer gave the impression that he had exceeded his brief by getting actively involved in enforcement action. The Commission, therefore, reiterates that the guidelines contained in the above-said para of the Compendium should strictly be adhered to by all the Expenditure Observers and they should not be involved in any action being taken by the Enforcement Agencies as per their laws. (Annexure-B19)
In case of any seizure by the Surveillance Teams, Flying Squads, Investigation Directorate of Income Tax or by Police or State Excise Dept., he shall communicate report to the Commission on the same day with a copy to the CEO.
He shall mention the suppression of campaign expenditure, if any, vis-a-vis the Shadow Observation Register, noticed during inspection of day to day accounts of the candidates. In this regard Order of the Commission issued on 29th May, 2015 (Annexure-C10), for formation of District Expenditure Monitoring Committee and decision on the replies of the candidates shall be followed. He shall ensure that a copy of this order is served on all candidates. During his last visit, he shall assist the DEO in submitting the Scrutiny Report correctly. In case he does not agree with the DEO, he shall mention all the reasons citing evidences, in the space provided for his comments in the DEO's Scrutiny Report
Expenditure Observer Reports:
The Expenditure Observer has to submit the following reports:
(i) Arrival and Departure Report within 24 hours (Annexure-B1),
(ii) First report on the third day of his first visit i.e.. after the date of notification (Annexure-B2), (iii) Second report within 24 Hrs after withdrawal of candidature during the 2nd visit. (Annexure-B3),
(iv) Third report after the poll (Annexure-B4) and (v) Fourth and final report after his 3rd visit (Annexure-B5)
Expenditure Observers are required to fumish Feedback/Status Report on deployment of various Election Expenditure Monitoring teams, seizure, inspection of accounts of contesting candidates. strategy for the last 72 hours before poll etc. in his/her constituency for Video Conference (VC) with the Commission in the prescribed proforma (Annexure-B6). Schedule of VC is intimated to Expenditure Observers during election period.
He shall also inform to the MCMC of all the instances of suspected Paid News brought to his notice independently, by any source, on the same day for necessary action. Besides, he shall report to the Commission, in his third report, all the instances of Paid News as decided by the MCMC, and forward a photocopy or CD/DVD of the Advertisement/Paid News to the Commission, with a copy to the CEO.
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