Final Cover Election Expenditure - Election Commission of India

Annexure-39Election Commission’s letter No. 76/EE/2005/JS.III, dated 07.10.2005 addressed to the President, JanaDal (United) and copy sent to the Chief Electoral Officer, Bihar with the reqest to bring this to the notice of allDistrict Election Officers and Returning Officers concerned and also the Observers of all constituencies wherecandidates of the above mentioned parties were contesting. (The CEO was also requested to instruct theReturning Officers to bring the following position to the notice of all such candidates also.)Subject: - Expenditure incurred by leaders of the party in election campaign.I am directed to invite reference to the provisions of Section 77 of the Representation of thePeople Act, 1951. As per Explanation 1(a) read with Explanation 2 under sub-section (1) of the saidSection, the expenditure incurred by leaders of the political party on account of travel for propagatingprogramme of the party shall not be deemed to be expenditure in connection with election, incurred orauthorized by the candidate or his agent, provided the names of the leaders for this purpose arecommunicated to the Commission and the Chief Electoral Officer of the State within a period of sevendays from the date of notification of the election. In case of the constituencies going to poll in the firstphase of election in Bihar in the current general election in that State, the notification of election waspublished on 23.09.2005. As you party has not communicated the list of 'leaders' of your party for thepurposes of the abovementioned Explanations 1(a) and 2 under Section 77(1), in respect of the 61Constituencies in the first phase of election, it may be noted that all expenses incurred in connectionwith visit of all leaders of your party, including their travel expenses for the first phase of election, willnecessarily have to be shown in the account of election expenses of the candidate(s) concerned inconnection with whose election the visit is made. If the visit is a common one in connection with theelection of a group of candidates, the expenses will be equally apportioned among all such candidates.The above legal position may be noted and also brought to the notice of all the candidates ofyour party contesting election in the first phase of elections in Bihar.147