Final Cover Election Expenditure - Election Commission of India

Final Cover Election Expenditure - Election Commission of India Final Cover Election Expenditure - Election Commission of India

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House of the Parliament or State Legislatures under section 10A of the R.P.Act,1951.17.8. The officer present at the counter for receiving the accounts should check whether theaccount submitted by the candidate or his agent is complete in all respects and is dulycertified by the candidate. A certificate by the election agent is not sufficient. It should alsobe checked that all the documents which are required to be submitted along with the accountstatement, such as register, abstract statements, affidavit, bills and vouchers are enclosedwith the account. Bills and vouchers should be signed by the candidate. If incompleteaccounts are lodged, the defects may be mentioned in acknowledgement receipt itself andshould be pointed out to the candidate or his election agent on the spot with instructions tofile correct and complete accounts within the time prescribed by law.17.9. Under Rule 87 of the Conduct of Elections Rules, 1961, the DEO is required to affix a noticeon the notice board within two days from the date on which a candidate lodges his accountof election expenses, specifying therein the names of the candidate and the date on which theaccounts were lodged. Copy of the Abstract Statement of Account of election expenditurefiled by the candidates and the first runner up in each constituency should be put on thenotice board of the DEO within two days of such filing. Copies of accounts may be obtainedby any member of the Public on payment of a fee of Re. 1 per page.18.1 Election Expenditure Statement of the Candidate on the CEO`s Website and EEMSSoftwareScanned copy of the Abstract Statement( Part I to Part VI) of all the candidates along withcopies 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 ofelection expenses by the candidate, for wider dissemination of information to all public. Aninstruction may be issued in this regard by the CEO to all DEOs, that the summary ofaccount of election expenses ( Abstract Statement ) be put on the website of the CEO within3 days of receipt of the account of election expenses of the candidate under single caption,namely, “General Election to the Legislative Assembly, 2011(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 becompleted well before the due date for poll in the constituency.18.2 The scrutiny report of DEO for each candidate is to be entered in EEMS Software, by theoffice of the DEO within a week after submission of DEO’s Scrutiny Report.19. Compilation of Seizure ReportsThe Hon’ble High Court of Madras in the Judgment order dated 28.03.2011 in the WP No.8022 of 2011 has observed among other points that “… … … …as and when seizure iseffected, it should be stated as to whom the citizen has to approach and what all particularshave to be furnished. … … … … … …it is the duty on the part of the Election Officer toindicate in the said order as to the next course of action viz. as to which authority he has toapproach and so on, … … … … … …”49

House <strong>of</strong> the Parliament or State Legislatures under section 10A <strong>of</strong> the R.P.Act,1951.17.8. The <strong>of</strong>ficer present at the counter for receiving the accounts should check whether theaccount submitted by the candidate or his agent is complete in all respects and is dulycertified by the candidate. A certificate by the election agent is not sufficient. It should alsobe checked that all the documents which are required to be submitted along with the accountstatement, such as register, abstract statements, affidavit, bills and vouchers are enclosedwith the account. Bills and vouchers should be signed by the candidate. If incompleteaccounts are lodged, the defects may be mentioned in acknowledgement receipt itself andshould be pointed out to the candidate or his election agent on the spot with instructions t<strong>of</strong>ile correct and complete accounts within the time prescribed by law.17.9. Under Rule 87 <strong>of</strong> the Conduct <strong>of</strong> <strong>Election</strong>s Rules, 1961, the DEO is required to affix a noticeon the notice board within two days from the date on which a candidate lodges his account<strong>of</strong> election expenses, specifying therein the names <strong>of</strong> the candidate and the date on which theaccounts were lodged. Copy <strong>of</strong> the Abstract Statement <strong>of</strong> Account <strong>of</strong> election expenditurefiled by the candidates and the first runner up in each constituency should be put on thenotice board <strong>of</strong> the DEO within two days <strong>of</strong> such filing. Copies <strong>of</strong> accounts may be obtainedby any member <strong>of</strong> the Public on payment <strong>of</strong> a fee <strong>of</strong> Re. 1 per page.18.1 <strong>Election</strong> <strong>Expenditure</strong> Statement <strong>of</strong> the Candidate on the CEO`s Website and EEMSS<strong>of</strong>twareScanned copy <strong>of</strong> the Abstract Statement( Part I to Part VI) <strong>of</strong> all the candidates along withcopies <strong>of</strong> all notices issued by the RO, if any, and the replies thereto, during election period,must be put on the website <strong>of</strong> the CEO, positively within 3 days <strong>of</strong> lodging <strong>of</strong> account <strong>of</strong>election expenses by the candidate, for wider dissemination <strong>of</strong> information to all public. Aninstruction may be issued in this regard by the CEO to all DEOs, that the summary <strong>of</strong>account <strong>of</strong> election expenses ( Abstract Statement ) be put on the website <strong>of</strong> the CEO within3 days <strong>of</strong> receipt <strong>of</strong> the account <strong>of</strong> election expenses <strong>of</strong> the candidate under single caption,namely, “General <strong>Election</strong> to the Legislative Assembly, 2011(Name <strong>of</strong> the State) -Candidates` <strong>Election</strong> <strong>Expenditure</strong>``. Any delay in this regard should be strictly avoided.Preparatory activities like providing linkage to all the DEOs on CEO`s website may becompleted well before the due date for poll in the constituency.18.2 The scrutiny report <strong>of</strong> DEO for each candidate is to be entered in EEMS S<strong>of</strong>tware, by the<strong>of</strong>fice <strong>of</strong> the DEO within a week after submission <strong>of</strong> DEO’s Scrutiny Report.19. Compilation <strong>of</strong> Seizure ReportsThe Hon’ble High Court <strong>of</strong> Madras in the Judgment order dated 28.03.2011 in the WP No.8022 <strong>of</strong> 2011 has observed among other points that “… … … …as and when seizure iseffected, it should be stated as to whom the citizen has to approach and what all particularshave to be furnished. … … … … … …it is the duty on the part <strong>of</strong> the <strong>Election</strong> Officer toindicate in the said order as to the next course <strong>of</strong> action viz. as to which authority he has toapproach and so on, … … … … … …”49

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