To
The Chief Electoral Officer of All States and UT
Subject: Clarification regarding lodging expenses being incurred by the campaigners of the contesting candidates.
Sir,
I am directed to invite reference to the provisions of Section77 of the Representation of the People Act, 1951. As per Explanation 1(a) read with Explanation 2 under sub-section (1) of the said Section, the expenditure incurred by leaders of the political party, who are star campaigners, on account of travel for propagating programme of the party shall not be deemed to be the expenditure of the candidate in connection with the election. The expenditure related to booking of hotels and lodges rooms in the constituency by or for the Star campaigners is not exempted under Section 77 of R. P. Act, 1951.
2. I am further directed to inform that 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/Campaigners have actually campaigned for the candidate, and (b) the Star Campaigners/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.
3. 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 as complimentary. It is further clarified that 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.
4. A notice may be issued immediately in all such cases and it should be processed accordingly.
5. This disposes of Chief Electoral Officer, Andhra Pradesh, letter no. 1760/Elecs D/2011-7, dated 30.04.2011.
Yours faithfully,
Sd/-
(AVINASH KUMAR) UNDER SECRETARY
To
The Chief Electoral Officers of Punjab, Manipur, Goa, Uttarakhand, Uttar Pradesh
Subject: Expenses incurred on community kitchen (langar, bhoj, etc) - inclusion in the account of election expenses of candidates- regarding
Sir.
I am directed to refer to Commission's instruction of even number dated 07-10-2011. regarding the expenditure incurred on community kitchen (langar, bhoj, etc.) and inclusion thereof in the account of election expenses of the candidates.
2. In the context of the above instruction, a doubt has been raised with regard to participation of candidates in the community kitchens (langar, bhoj, etc.) organised by regional communities in their religious institutions as a matter of customary practice and the bhoj/feast, etc. offered as a matter of social practice following a ritual ceremony, like, marriage, death, etc. The instruction of the Commission under reference clearly states that the expenditure on the community functions will be treated as the election expenses of a candidate and added to his account "if any contesting candidates attends some community kitchen (in whatever name has been called) either organised by him or by any other person to entertain the electors". It is hereby again clarified that the above instruction does not apply to community kitchens/langars, etc. organised by religious communities within their religious institutions as a customary practice or the bhoj/feast, etc. offered by any person (other than the candidate) in the normal course to celebrate any ceremony like, marriage, death, etc., and the expenses incurred on such community kitchen/ langar/ bhoj/feast, etc. shall not be included in the election expenses of the candidate, provided that the candidate participates therein in the normal course as a normal visitor.
It shall be further ensured that the candidate does not make any financial contribution for arranging such community kitchen, etc. and no political campaign in any manner is undertaken at such community kitchen, etc.
3. Receipt of this letter may kindly be acknowledged.
Yours faithfully,
Sd/-
(S. K. Rudola) Secretary
To
The Chief Electoral Officer, Punjab, Uttar Pradesh, Uttarakhand, Manipur & Goa
Sub: Clarification regarding election expenditure of the party leaders (Star campaigners) covered under Explanation (2) of section 77(1) of the R. P. Act, 1951-Matter Regarding
Sir/Madam.
Representations have been received from political parties on Star campaigners covered under Explanation (2) of section 77 (1) of the R. P. Act, 1951. The Commission after considering the representations, issues hereby the following clarifications:
1. Expenditure on Advertisement in Print/Electronic Media If the advertisement for general party propaganda with photo or appeal of the leader, mentioned above. is made in print and electronic media, without any reference to any candidate, then expenditure on such general advertisement shall be booked to the account of the political party. If such leader happens to be a candidate in any constituency, the expenditure on such general party propaganda, even if it contains his photo, in print and electronic media, shall not be booked to the account of such leader, as it is in the nature of general party propaganda, without any reference to his constituency.
2. Expenditure on posters, banners, flags, stickers, etc., If the posters, banners, flags, stickers, etc., with photo or appeal of the leaders mentioned above, without any reference to any particular candidate are used during the elections, the expenditure shall be booked to the account of the political party. If however, the leader happens to be a candidate in any constituency, then the proportionate expenditure on such items, actually used in his constituency, shall be accounted for in his election expenses.
3. Travel Expenses The Commission has modified its instruction No. 76/2009/SDR dated 20th August, 2009 and relevant Para 5.6.3 of the Commission's Instruction on Expenditure Monitoring, and it is hereby clarified that if any attendant including security guard, medical attendant, or any other person including or any member of the party, who is not a candidate in the constituency concerned, travels with the leader (star campaigner) of the political party, referred to above, in his vehicle/aircraft/ helicopter etc., the travel expenses of such leader shall be wholly booked to the account of the political party. It is further clarified that it shall not result in booking any part of the travel expenditure of the political leader to the account of the candidate, if such persons sharing the transport with the leader (Star Campaigner) do not play any role in election campaign for the candidate. However, if any candidate/candidates share the transport with such leader, then 50% of the travel expenditure shall be apportioned to the candidate/candidates.
Copy to CEOs of all other States and UTS.
Yours faithfully
Sd/-
(SUMIT MUKHERJEE) SECRETARY
To
The Chief Electoral Officer of all the States/ UTS
Sub:- General Elections to Legislative Assemblies of Uttar Pradesh, Punjab, Uttarakhand. Manipur and Goa-2012- Clarification on use of Video Vans during election by contesting candidates and political parties-Reg.
Sir/Madam,
I am directed to refer to Commission's letter no 437/6/INST/2008-CC&BE dated 31" October, 2008 (copy enclosed) regarding use of video van etc. by political parties and candidates during election and to state that clarification has been sought regarding accounting of expenditure on this sorts by the political parties or candidates. In the subject matter it is clarified as under:-
(i) If the Video Van is for political party used during election process for general party propaganda without mentioning the name of any candidate or photo of candidate of any constituency, then it shall be booked to party account, which shall be reported within 75 days by the party after completion of election in case of Assembly election or within 90 days in case of Lok Sabha election.
(ii) If the name(s) or photo(s) of candidate(s) are displayed or any posters/banners of the candidate(s) are displayed thereon and the van is used in his constituency, then the expenditure has to be accounted for by such candidate(s).
Yours faithfully.
Sd/-
(AVINASH KUMAR) UNDER SECRETARY)
To
The Chief Electoral Officers of All States/UTs
Subject: Collection of information from banks regarding suspicious transactions during electioneering under Article -324 of the Constitution - regarding
Sir,
With reference to the suggestions of Indian Banks' Association vide letter no. LEGAL/5946, dated 6th June, 2012 (copy enclosed), I am directed to state that in order to maintain purity of election process, the District Election Officers (DEOS) shall call for the following information from the Banks regarding suspicious cash transactions made through the banks during the election process:
(i) Unusual and suspicious cash withdrawal or deposit of cash in a bank account exceeding Rs. 1 lakh during the process of election, without any such instance of deposit or withdrawal during the last two months.
(ii) Unusual transfer of amount by RTGS from one bank account to the accounts of several persons in a district/constituency during the election process without any precedent of such transfer.
(iii) Any deposit of cash or withdrawal of cash exceeding Rs 1 lakh from bank account of candidates or spouse or his dependants, as mentioned in the affidavit filed by candidates which is available in CEO's website.
(iv) Any withdrawal of cash and deposit of cash exceeding Rs. 1 lakh in the account of the political party during the election process.
(v) Any other suspicious cash transactions, which might be used for bribing the electors.
2. The above information shall be processed by the DEOS and wherever it is suspected that the cash may be used for bribing of electors, then Flying Squad may be asked to take necessary action, after due verification. However, if the amount of cash deposit or withdrawal is more than Rs. 10 lakh, then such information shall be passed on to the Nodal Officer of the Income Tax Department, for taking necessary action under the Income Tax laws.
Yours faithfully.
Sd/
(AVINASH KUMAR) UNDER SECRETARY
Copy to
Shri K Ramakrishnan, Chief Executive, Indian Banks Association World Trade Centre Complex, Centre 1, 6th Floor, Cuffee Parade, Mumbai-400005, with request to inform all banks for compliance during election process.
Sd/-
(AVINASH KUMAR) UNDER SECRETARY)
0 Comments