Final Cover Election Expenditure - Election Commission of India

Annexure-42Election Commission's letter No. 437/6/OR/95/MCS/1158 dated 29.03.1996 addressed to The Secretary to theGovernment of India, Ministry of Home Affairs, New Delhi and copy endorsed to CEOs of All Statesand Union Territories.Subject: Expenditure on security of PM during election visitsPlease refer to letter of Shri V.K. Malhotra, Joint Secretary (CS) dated 21.2.96 regarding clarification soughtby Orissa Government in connection with the expenditure to be incurred on the barricading and rostrumsetc. for Prime Minister's visit in connection with elections.2. Attention is drawn to Commission's Order No. 437/6/ES0025/94/MCS dated 21.10.94 (copyenclosed) wherein it has been clarified that the State Governments/Union Territories should strictlyadhere to the Order of the Supreme Court given by its Order dated 29.4.94 in the writ petition(Civil) No.312 of 1994. In the Commission's Order, it has further been directed that suchindividuals who visit State/ Constituency for electioneering and election arrangements likebarricading/rostrums etc. shall be borne by the concerned political party.3. It is, therefore, directed once again that instructions as contained in Commission's Order dated21.10.1994 should be strictly adhered to.AnnexureLetter No. 437/6/ES0025/94/MCS Dated 21 st October 1994 addressed to Chief Secretaries andCEOs of all States and UTs.ORDERThe Commission vide its letter No. 437/6/93-PS-II dated 31 st December, 1993 had reiterated thetotal and absolute ban on the use of official vehicles for campaigning, electioneering or electionrelated travel during elections and had directed that there will be total ban on the use of anyvehicles for any purpose connected with the election by any political party, the candidate or anyother person connected with election.2. The Commission vide its letter No. 437/6/94 dated 2nd February, 1994 had invited attention to thecircular letter No. 10/17/89-M&G dated 1 st November, 1989 from the Ministry of Home Affairson the tour of ministers in connection with the election campaign and had observed that thoseinstructions were flouted with impunity and had therefore issued further instructions without, in anyway overriding, modifying or affecting the instructions of the Ministry of Home Affairs dated 1 stNovember, 1989 referred to above.3. The Supreme Court in its order dated 29th April, 1994 in a writ petition (Civil) No. 312 of1994(State of Tamil Nadu versus Chief Election Commissioner and others) seeking exemption inthe case of Chief Minister of Tamil Nadu had directed as follows :"While we are conscious of the effort being made by the Election Commission to ensure cleanlinessof the electoral process and for the protection and ensurement of free and fair polls, were areafraid, the Election Commission cannot, as it seeks to do here, put out of consideration the security152