Monitoring of Helicopter expenditure and other travel expenditure

(i) Expenditure on travel expenses of Star Campaigners: As per section 77 of the R. P. Act 1951, the expenditure incurred by the leaders of a political party on account of travel by air or by any other means shall not be deemed to be expenditure in connection with the election incurred or authorized by a candidate. Explanation (2) of the section defines political leaders to include 40 persons of a recognized political party and 20 persons of a party other than the recognized political party, i.e., registered unrecognized parties, whose names have been communicated to the Chief Electoral Officer and Election Commission of India within a period of 7 days from the date of notification. Such political leaders, as communicated to the CEO and the ECI are known as Star Campaigners. The Chief Electoral Officer after receiving the information during the prescribed period regarding list of star campaigners from Recognized Political Party/ Other than Recognized Political Party shall make it available to all Retuning Officers/DEOS/ Expenditure Observers and place it on their website.

In the event of a public rally or meeting by the star campaigner, if the candidate or his election agent shares the dais with the star campaigner/ other dignitary, then the entire expenditure on that rally other than the travel expenses of the star campaigner should be added to the candidate's expenses. If the candidate is not present on the dais but the banners/posters with name of the candidate or the photographs of the candidate are displayed at the site of pubic rally or the name of the candidate is mentioned by the dignitary/Star Campaigner, then also the entire expenditure on the public rally, other than the travel expenses of the star campaigner, will be added to the candidate's account of election expenses. If there is more than one candidate. sharing the dais or displaying banners or posters with their names in rally/meeting, then the expenses on such rally/meeting should equally be divided among all such candidates. The RO should pass on the information about the other candidates present in the rally to the respective ROS, for making necessary entries of expenditure in the Shadow Observation Register of such candidates.

(ii) Helicopter or Aircraft Expenses: One of the major items of election expenses is by way of hiring helicopters and aircrafts. As per the Commission's instructions, if the name of the star campaigner of the political party has been intimated to the Commission and CEO within 7 days of notification of election, then the travel expense of the Star campaigner will not be added to the expenditure of the candidate. If the candidate(s) is/are sharing the transport facility with the star campaigner, then 50% of the expenditure and if more than one candidate(s) is sharing the facilities then 50% of the travel the expenditure is to be apportioned among those candidates. (Commission's letter no. 76/Instructions/2012/EEPS Vol. I, dated 22nd January, 2014 at Annexure-D15).

In the aviation sector, parking charges of aircraft (day/night) are levied on aircraft/helicopter operators as per rates determined by Airports Authority of India or by private airport operators at respective airports. Therefore, the amount for calculation of expenditure of the candidate shall be charged as per actual amount paid or payable at such airports. At places other than commercial airports, the parking charges should be as per actual amount paid by the operator or candidate. Therefore, the parking charges at commercial airports should be obtained from the Airports Authority of India or the private airport operator for calculation of parking charges of any aircraft. For parking at other places, the actual charges paid by the operator or candidate for parking of aircraft shall be taken into account (Annexure-D18).

Expenditure incurred on construction of helipads including expenses related to helipad site development and removal of dismantled material and parking charges of helicopter bome by political party in connection with travel of its leaders, as per Explanation 1 of Section 77 of the R. P. Act, 1951 (popularly known as "Star Campaigners"), irrespective of their security entitlement, shall be booked in the account of election expenses of the political party concerned and not in the account of election expenses of the candidate(s). A star campaigner who is also a candidate, shall account for expenses on hiring of helicopter, preparation of helipad etc. for campaigning within his own constituency. However, the travel expenses incurred for travel out of his own constituency for campaigning in other constituencies and to come back to his/her constituency are not to be booked to his/her account. (Annexure-D22)

(iii) If any attendant, including security guard, medical attendant, or any other person including any member of the party, who is not a candidate in the constituency concerned, or any representative of the electronic or print media, travels with the leader (star-campaigner) of the political party in his vehicle/aircraft/helicopter etc., then the travel expenses of such leader shall be wholly booked to the account of political party, provided that such person(s) sharing the transport with the leader (star campaigner) does not play any role in election campaign for the candidate in any manner. However, if any such person(s) sharing the transport with the leader plays any role in election campaign for the candidate(s) in any manner then 50% of the travel expenditure of the leader shall be apportioned to such candidate(s).

(iv) The names of leaders of the political party (star campaigners), as defined in Explanation 2 of Section 77 (1) of the R. P. Act. 1951 are to be communicated to the Election Commission of India and the Chief Electoral Officer of the State by the political party, within a period of seven days from the date of notification for such election and such leaders are entitled to the benefits provided under section 77 of the R. P Act, 1951, from the date on which the list including his name is received by the Election Commission of India and by the Chief Electoral Officer of the State concerned.

(v) If the leader (star campaigner) is participating in any rally, organised outside his constituency, he is entitled to the exemption provided for under Explanation I of Section 77(1) of the R. P. Act. 1951. However, if the leader (star campaigner) is also contesting elections in any constituency. then he is not entitled to any benefit u/s 77 of the said Act, for the travel expenses incurred within his own constituency and the expenses on meetings or rallies organised by him in his constituency including the travel expenses are to be added to his account of election expenditure.

(vi) If a rally/meeting is organised in the constituency of the leader (star campaigner), where the leader shares the dais with other contesting candidates, then the meeting expense is to be apportioned to the election expenditure of the leader and all such candidates. However, if, he (star campaigner) is taking part in a rally/ meeting, along with other contesting candidates of his party outside his constituency, then the meeting expense shall be apportioned to the election expenditure of all such candidates, for whose election campaign, such rally/meeting is organised and no part of such rally/meeting expense, organised outside his constituency shall be added to the election expense of the leader (star campaigner). (Commission's letter no. 76/ Instructions/2012/EEPS/Vol. I, dated 22nd January, 2014, Annexure - D15).

(vii) If a star campaigner of another political party /a party in alliance with the party of the candidate attends the rally and takes the name of the candidate or shares dais with the candidate then the travel expense of that campaigner of allied party up to the constituency is not exempted and should be added to the candidate's expenses. In this regard Commission's instructions contained in its letter no.437/6/1/2008-CC & BE, dated 24-10-2008, relating to use of helicopters is enclosed at Annexure - D5.

viii) All expenditure including lodging/boarding expenses of star campaigners in the constituency where they campaign for any candidate shall be included in the expenditure account of that particular candidate, provided that -

(a) the Star Campaigners have actually campaigned for the candidate, and

(b) the Star Campaigners have incurred such boarding and lodging expenditure while remaining in a commercial hotel or lodge for the purpose of election campaign of the candidate irrespective of the fact whether the payment is made by such candidate or not.

The market value of such commercial boarding and lodging is to be calculated towards the election expenditure of the candidate, even if the boarding and lodging is provided complimentary. If the star campaigner, while availing the boarding and lodging in one constituency, travels to another constituency to campaign for other candidates, then the lodging and boarding expense will be proportionately distributed as the expense of those candidates. A notice may be issued in all such cases and it should be processed accordingly. (Commissions letter No.464/AP- HP & AP-LA/BE/2011/EEM dated 3rd June 2011, at Annexure D8).

(ix) Persons provided with 'Z+ (Z plus) security cover are permitted the use of state-owned one bullet proof vehicles for the particular person. Such persons, whether they are holding office or out of it, and whether they are candidates or not, shall be permitted the use of the said state- owned bullet proof vehicles during the election period covered by the Model Code of Conduct. The use of multiple vehicles in the name of stand-by should not be permitted unless specifically prescribed by security authorities in any particular case. The cost of propulsion of such vehicles should be borne by the person concerned when it is used for non-official purposes during such period. In case of the visiting political functionaries, who are 'star campaigners, the expenditure, will be accounted for in the party's account. If the star campaigner is a candidate, the propulsion cost of vehicle in the constituency shall be accounted for in his election expenditure account. If the party functionary enjoying the security facility is not a star campaigner, and he campaigns for the candidate, the cost of propulsion of the security vehicle, used for such campaign shall be added to the candidate's account (Annexure-D16).

(x) The expenses after the poll and before the declaration of result, which can be said to be in connection with the election shall only be accounted for by the candidates as per Section 77 of the Representation of the People Act, 1951. Therefore, the expenses on travel of a Star Campaigner or a candidate after the date of poll, which are not connected with election shall not be added to any candidate's account. If the Star Campaigner/candidate visits the constituency, where he or she has contested the election, the travel expenses within the constituency for overseeing the counting arrangement before, or on, the date of counting shall be added to his or her account. If the political party is bearing travel expenses of a Star Campaigner outside his constituency after the poll, the said expense shall be shown by the political party in the accounts submitted to the Commission, (Annexure - D17).