ROLE OF DISTRICT ELECTION OFFICER (DEO)

ROLE OF DISTRICT ELECTION OFFICER (DEO):

The DEO shall hold a meeting of all the recognized National and State Level political parties within 3 days of announcement of elections by the Commission. In this meeting, the DEO shall explain all the legal provisions and instructions of the Commission relating to election expenditure and its monitoring and consequences of failure to comply with them. The DEO shall also give a copy of this Compendium of Instructions, revised format of affidavit (Form 26) for declaration of asset and liability and the rates of items of election expenditure to the representative of each recognized national and state level political party.

Under Rule 89 of the Conduct of Elections Rules, 1961, the District Election Officer has to report to the Commission whether the candidate has lodged his account of elections expenses, and whether in his opinion such account has been lodged within time and in the manner required by the Act and the Rules. The DEO shall finalize the candidate wise summary and scrutiny reports in the prescribed format (Annexure-C13) by the 37th day from the date of declaration of result and shall forward the same to the CEO office preferably by the 38th day (Annexure-C12). He shall follow the Order of the Commission's letter no. 76/ Instructions/EEPS/2015/Vol II, dated 29th May, 2015 (Annexure-C10) and letter no. 76/Instructions/2015 /EEPS/Vol. XIV, dated 2nd July, 2016 (Annexure-C12) regarding the procedure laid down for preparation of the Scrutiny Report & Summary Report in respect of accounts of election expenses of the candidate, before sending the Scrutiny Report to the CEO. If no notice on understatement of items had been issued to the candidate during the election process, the DEO is to issue letter within 15 days of declaration of result to obtain reply of the candidate. Both letter/reply to be considered in the Account Reconciliation Meeting first and subsequently shall be informed to the ECI with the recorded views of the District Expenditure Monitoring Committee (DEMC).

After receipt of the final accounts from the candidates, the same shall be scrutinised by the DEMC. Where the accounts submitted by the candidates involve procedural defects such as (i) vouchers not signed; (ii) duly swom in affidavit not filed. (iii) register of day to day account along with bank register and cash register not duly signed, (iv) Abstract Statement (Part-I to Part IV and schedule 1 to 11) not filled up/not duly signed; (v) cash expenditure in excess of Rs. 10,000/- not incurred through cheque (Annexure- E11 & E12), (vi) expenditure outside the bank account, (vii) self-certified copies of the statement of bank account not submitted and (viii) if the bank account is not opened at all, within 3 days of receipt of the accounts the DEO shall issue a notice giving the candidate 3 days' time to rectify the defect. The reply of the candidate will be examined by the DEO and he shall forward the copy of notice and reply of the candidate, if any, to the Commission, alongwith his/her comments.

In cases of delay in filing of accounts, not exceeding 15 days from the due date, the DEO shall suo-motu issue a notice to the candidate calling for explanation for the delay. The reply of the candidate will be examined by the DEO and he shall forward the copy of notice and reply of the candidate, if any, to the Commission, alongwith his comments.

In cases where disagreement persists even after the Account Reconciliation Meeting and the DEO does not agree that expenses have been correctly reported by the candidate, the DEO shall, along with the scrutiny report, enclose certified copies of the relevant documents viz. minutes of DEMC/Account Reconciliation Meetings, notices issued, reply from the candidate, rate chart, Shadow Observation Register (SOR), Election Expenditure Register of the candidate with the documents, duly serial numbered.

The Expenditure Observer, during his third visit shall send to the Commission his 4" and final repor (Annexure-B5) and simultaneously he has to give his comments in the prescribed space provided in the DEO's Scrutiny Report based on the facts mentioned in the 'Shadow Observation Register and 'Folder of Evidence. He has to ensure that the same has been incorporated in the DEO's Scrutiny Report (Annexure-C13). In case of any item of expenditure not considered in the DEO's report, he shall bring it to the notice of the DEO asking him to incorporate the same in his report to the Commission and make suitable comments on the DEO's report

The abstract statement of accounts filed by the candidates, within 30 days of declaration of result shall be scanned and put up on the website within 3 days of receipt. This has to be strictly adhered to as the time limit for filing election petition is 45 days. The DEO shall ensure that scrutiny report of DEO is entered in Encore within 3 days of the preparation of the scrutiny and summary report (Annexure-C17). The DEO shall finalise his scrutiny and summary reports by/before 37 day from the date of declaration of the result and forward the same to the CEO's Office preferably by the 38th day.

In the past it has been noticed that DEOs and the CEOs are sending the DEO's Scrutiny Reports in a piecemeal manner which leads to undue delay in their final disposal. For the sake of timely disposal of accounts cases by the Commission, it has been decided that DEO's Scrutiny Reports on Accounts of Candidates shall now be categorized at the CEO level and shall be fumished to the Commission in the specified format, as under-

A. Total No. of DEOs who have furnished scrutiny reports.

B. Total No. of Contesting Candidates.

Category-1: Candidates in whose case no defect has been pointed out by the DEO in the DEO's Scrutiny Report.

Category-2: Candidates who did not lodge their accounts of election expenses.

Category-3: Candidates who failed to lodge their accounts of election expenses within the prescribed time period (ie. within 30 days from the date of declaration of election results under section 78 of the R. P. Act, 1951).

Category-4 Candidates who failed to lodge their accounts of election expenses in the manner required under law i.e. Section 77 and 78 in the R. P. Act, 1951 and Rule 86-90 of the Conduct of Elections Rules, 1961 (other than cases mentioned in Category 2 and 3)

Category-5: Candidates who failed to lodge their accounts of election expenses within the prescribed time period + failed to lodge their accounts of election expenses in the manner required under law i e. Section 77 and 78 in the R. P. Act, 1951 and Rule 86-90 of the Conduct of Elections Rules, 1961 (other than cases mentioned in Category 2, 3 and 4). (Annexure-C18)

It is the responsibility of the DEO that the entire expenditure monitoring mechanism runs effectively in the district. The DEO shall be assisted by various teams of the Expenditure Monitoring Cell. The DEO shall extend all help including logistics to the Expenditure Observer and the Assistant Expenditure Observer in performing their functions. Since use of money vitiates the electoral process and leads to violence and other electoral offences and malpractices, he should not neglect this area. In fact, effective control on election expenses will result in smooth conduct of elections. The DEO shall provide logistical support to all the expenditure monitoring teams.

The DEO in the meeting with political parties shall discuss the rates of various items of election related expenses and obtain their views before notification. The rates for urban and rural areas may be different. The prevalent rates shall be considered. Similarly, the DEO shall fix the refreshment expenses of the workers or the polling agents/counting agents appointed by the candidates during election process. The CEO shall also obtain hourly rates of helicopters/aircrafts used for the purpose of rallies by candidates/star campaigners! other dignitaries, which will be notified by the DEO.

Supply and distribution of main apparels like saree, shirt, T-shirt, dhoti etc. by party/candidate is not permitted as it is bribery of voters (Annexure-D7). Hence, these kinds of main apparels should not be included in the rate chart. (Annexure-C14)

The DEO shall notify the rates of items of election expenditure, the standard rate charts of newspapers, TV and other media. If the rates are not available, then DAVP/DIPR rates of advertisement in the local/national dailies/magazines (English/ Regional) shall be notified by DEO within 3 days of announcement of election on which election expenditure will be assessed. In this regard Commission's instructions given in its letter No. 76/2004/JSII, dated 17.03.2004 (Annexure- C7) may also be followed for further reference.

Candidates/political parties open kiosks, campaign offices, etc., in the constituency, during election process and such expenses like rent or electricity or furnishing like shamiana etc., after the date of filing of nomination are to be included in the account of the candidate. The DEOs are also required to include the notional rates of erection/construction of such kiosks, campaign offices, etc., in the constituency on the basis of prevalent rates, after due consultation with the political partics (Commission's letter no. 76/Instructions/EEPS/2015/ Vol. XIX, dated 30th December, 2014, Annexure- C9).

He shall be responsible for the proper functioning of the complaint monitoring control room and call center in the district.

He shall provide the logistical support to the officers of the Investigation Directorate of Income Tax and other law enforcement agencies. He shall make arrangement for lodging and boarding, vehicles and security of all officers, engaged in expenditure monitoring cell.

He shall scrutinize the statement of accounts of election expenditure submitted by cach candidate after the declaration of results with the help of the Expenditure Monitoring Cell and support of the Expenditure Observer will submit a report to the Commission through the CEO within 45 days of the declaration of the results in the prescribed format as per Annexure-C13.

The DEO shall submit a monthly report of the pending cases, where accounts are not submitted or are defective, to the CEO by the 2nd day of every month in the format given in Annexure-C2 for monitoring of cases of the election expenditure. The CEO shall compile the reports sent by the DEOS, and send to the Commission, a consolidated report by the 5 day of every month.

The Expenditure of Political Party in General Party propaganda from the date of announcement of election till the date of declaration of result should be watched by the district authorities through the Flying Squad(s). Though the Expenditure on General Party propaganda should not be added in Candidate's expenditure, yet observations recorded with evidence should be reported in the prescribed proforma (Annexure-C1) to the CEO within 45 days of declaration of results of election. This may be done in consultation with the Expenditure Observer.

The DEO will deal on priority basis the cases where permission has already been accorded to the candidates/ political parties, if a request for change of helicopter is received from a candidate/political party at the last moment, and decision will be communicated within 03 hours of receipt of application to the candidate or political party concerned. (Annexure- C11)

District Expenditure Monitoring Committee (DEMC) (Refer Annexure- C10)

(i) If the Returning Officer or any officer authorized, by the District Election Officer/ Returning Officer, is in receipt of information during election process that any candidate has incurred or authorized certain expenditure and has not shown either a part or whole of it in his day to day accounts of election expenditure, maintained by him under section 77(1) of the Representation of People Act, 1951, or has not produced the said accounts for inspection on the scheduled date before the authorized officer or Expenditure Observer, then the Returning Officer shall issue a notice along with the evidence thereof to the candidate preferably within 24 hours of the date of receipt of information or inspection of accounts mentioning the details of expenses, which are not shown truly or correctly in day-to-day account or informing him that he failed to produce his account, as the case may be. However, in case of suspected "Paid News" items, where notice is issued or is being issued by the Returning Officer as per the recommendation of the Media Certifying and Monitoring Committee (MCMC), such items shall not be covered in this notice.

(ii) Such candidate may reply to the notice within 48 hours, explaining the reasons for omission or default which is brought to his notice. In cases where the candidate accepts the fact of suppressed expense mentioned in the notice, the same shall be added to his election expenses.

(iii) Where candidate fails to produce his day to day account for inspection and in spite of the notice, the failure continues, then FIR is to filed under section 171 (1) of Indian Penal Code, after 48 hours of service of such notice and the permission for use of vehicles etc. by the candidate for election campaign shall be withdrawn.

(iv) Where no reply is submitted by the candidate or his election agent within 48 hours of receipt of the notice, then the candidate shall be deemed to have accepted the suppressed amount mentioned in the notice and the same shall be added to the election expenses of such candidate.

(v)If the candidate or his election agent disputes the suppressed expenditure, mentioned in the notice, he shall submit the reply mentioning the reasons for disagreement and the same shall be forwarded to the District Expenditure Monitoring Committee (DEMC) consisting of the following:

1. Expenditure Observer in charge of the Constituency

2. DEO

3. Dy DEO/Officer in charge of Expenditure Monitoring of the District

(vi) The DEMC shall decide the case after examining the evidence mentioned in the notice and reply of the candidate thereto, preferably within 72 hours from the date of receipt of the reply from the candidate, whether such suppressed expenditure shall be added or not to the election expenses account of the candidate.

DEO's Scrutiny Report and Action thereon at ECI Level

After receiving reports from the DEOS through the CEO, the Commission shall examine each report and decide on what action needs to be taken in each case. This action can be any one of the following: -

(a) If the Commission deems fit, it may accept the account submitted by the candidate as being within time and in the manner required by the Act and the Rules.

(b) If the Commission considers that a candidate has failed to submit his account within time of in the manner required by the Act and the Rules, the Commission shall issue a notice to the candidate to show cause as to why he should not be disqualified u/s 10 A of the R. P. Act, 1951.

The notice shall be served on the candidate by the DEO, and the evidence of having served the notice shall be forwarded by the DEO to the Commission. The Commission after considering the reply, if any, received from the candidate may pass appropriate orders in accordance with law.