ROLE OF CHIEF ELECTORAL OFFICER (CEO)
The CEO shall hold meeting with all political parties at state level within three days of announcement of election and explain the new Expenditure Monitoring Measures. He shall also handover a copy of the Compendium of Expenditure Monitoring Instructions both in English and local language.
The CEO shall hold a meeting with all media houses and journalists at state level and explain the provisions of section 127 A of the R. P. Act 1951 and the instructions of ECI on advertisements and "Paid News" He shall also hand over the copy of Compendium of Election Expenditure Instructions to them.
The CEO shall examine the scrutiny and summary reports submitted by the DEO, and shall forward the same to the Commission within 45 days of declaration of result along with additional comments if he/she feels so. (Annexure- C12)
It has been observed that time frame prescribed in the Rule 89 of the Conduct of Elections Rules, 1961 is not being followed by the DEOS leading to undue delay in disposal of accounts cases. Keeping in view the observation of the Kamataka High Court (Judgment dated 26.07.1999 of the Karnataka High Court in WP No. 4357 of 1999-Guinness Hite Paksha Rangawamay Vs. Chief Election Commissioner and Ors.) which inter-alia states that there cannot be undue delay in passing order under section 10A and it should be passed within reasonable time, the Commission has fixed a deadline of one year for disposal of all cases pertaining to account of election expenses (Annexure-C19).
Election Expenditure Statement of the Candidate on the CEO's Website and entry of DEO's Scrutiny Report in Encore:
Scanned copy of the Abstract Statement (Part I to Part IV and schedule 1 to 11) of all the candidates along with copies of all notices issued by the RO, if any, and the replies thereto, during election period, must 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 the public. An instruction may be issued in this regard by the CEO to all DEOS, that the summary of account of election expenses (Abstract Statement) be put on the website of the CEO within 3 days of receipt of the account of election expenses of the candidate under single caption, namely. "General Election to the Legislative Assembly, 20...(Name of the State)- Candidates' Election Expenditure". Any delay in this regard should be strictly avoided. Preparatory activities like providing linkage to all the DEOS on CEO's website may be completed well before the due date for poll in the constituency.
The Commission has developed a new data entry portal as Encore, for online filing of the DEO's Scrutiny Report in respect of the contesting candidates. The online form contains the same columns as the physical format of DEO's Scrutiny Report. The data entry portal can be accessed by visiting the link https://encore. eci.gov.in. It is to be ensured that data is entered online within 3 days of finalization of DEO's Scrutiny Report. (Annexure- C17)
Compilation of Seizure Reports
To ensure that all records regarding seizures made during the elections are maintained properly and correctly. the Chief Electoral Officers have to compile the details of seizure in the prescribed formats (Annexure-C3) after taking necessary inputs from the Nodal Officer of Police, DEOS and DG Income Tax (Inv.) etc., and furnish the same to the Commission on the day of poll. Simultaneously, the Nodal Officer of the Police, Nodal Officer of Income Tax Department and Nodal Officer of the Excise Department shall send their separate consolidated report of seizure made during election process on the day of poll in prescribed format (Annexure-C4, C5 & C6).
The date wise sub totals of seizure of each category for the district, the person from whom it has been seized and the authority to which it has been handed over (each seizure to be shown separately) will be maintained by the CEO office and only the consolidated total figures shall be sent to Election Commission of India in the proforma enclosed.
The CEO shall send monthly progress report of the seized amount/articles and status of FIRS registered during the election campaign to the Commission, by 7 day of the succeeding month. After the statement of election expenditure is filed by the political parties, the CEO shall compare DEO's reports on party expenditure with the statement of election expenses of political parties, by down loading the statements from the ECI website. If there is any discrepancy in the statement, report may be sent to the Commission by the CEO.
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