11.07.2015 Views

Final Cover Election Expenditure - Election Commission of India

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(2) The account shall contain such particulars, as may be prescribed.(3) The total <strong>of</strong> the said expenditure shall not exceed such amount as may be prescribed.(As per explanation 1(a) read with Explanation 2 under sub-section (1) <strong>of</strong> Section 77 <strong>of</strong>the Representation <strong>of</strong> the People Act, 1951, the expenditure incurred by leaders <strong>of</strong>political party on account <strong>of</strong> travel for propagating programme <strong>of</strong> the party shall not bedeemed to be expenditure in connection with the election, incurred or authorized by thecandidate or his agent)78. Lodging <strong>of</strong> account with the District <strong>Election</strong> Officer.- [(1)] Every contesting candidateat an election shall, within thirty days from the date <strong>of</strong> election <strong>of</strong> the returned candidate or,if there are more than one returned candidate at the election and the dates <strong>of</strong> their electionare different, the later <strong>of</strong> those two dates, lodge with the [ district election <strong>of</strong>ficer] an account<strong>of</strong> his election expenses which shall be a true copy <strong>of</strong> the account kept by him or by hiselection agent under section 77.]10A. Disqualification for failure to lodge account <strong>of</strong> election expenses.- if the <strong>Election</strong><strong>Commission</strong> is satisfied that a person-(a)(b)has failed to lodge an account <strong>of</strong> election expenses within the time and in the mannerrequired by or under this Act; andhas no good reason or justification for the failure,the <strong>Election</strong> <strong>Commission</strong> shall, by order published in the Official Gazette, declare himto be disqualified and any such person shall be disqualified for a period <strong>of</strong> three yearsfrom the date <strong>of</strong> the order.[The Supreme Court has in L.R. Shivaramagowde Vs. P.M. Chandrashekar- AIR 1999SC 252 held that the <strong>Commission</strong> can go into the correctness <strong>of</strong> the account <strong>of</strong> electionexpenses filed by the candidate and disqualify a candidate under Section 10A <strong>of</strong> theRepresentation <strong>of</strong> the People Act, 1951 in case the account is found to be incorrect oruntrue]127A. Restrictions on the printing <strong>of</strong> pamphlets, posters etc.-(1) No person shall print or publish, or cause to be printed or published, any electionpamphlet or poster which does not bear on its face the names and addresses <strong>of</strong> the printerand the publisher there<strong>of</strong>.(2) No person shall print or cause to be printed any election pamphlet or poster-(a) unless a declaration as to the identity <strong>of</strong> the publisher there<strong>of</strong>, signed by him and attestedby two persons to whom he is personally known, is delivered by him to the printer induplicate; and(b) unless, within a reasonable time after the printing <strong>of</strong> the document, one copy <strong>of</strong> thedeclaration is sent by the printer, together with one copy <strong>of</strong> the document,-55

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