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Final Cover Election Expenditure - Election Commission of India

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6.1.2. Section 78 <strong>of</strong> the R P Act 1951 provides that every candidate has to lodge a true account <strong>of</strong>his election expenses maintained under Section 77 <strong>of</strong> the R P Act 1951, with the District<strong>Election</strong> Officer within 30 days from the date <strong>of</strong> declaration <strong>of</strong> result <strong>of</strong> the election. In thecomputation <strong>of</strong> this 30 days period, the date <strong>of</strong> declaration <strong>of</strong> result <strong>of</strong> election is excluded.The <strong>Commission</strong> has clarified vide its letter No. 76/95/J.S.II dated 10-04-1995 (copyenclosed at Annexure 20) that in fairness to the contesting candidates, they will bepermitted to file their election expenses in English, Hindi or the local language (s) in whichthe electoral rolls are printed. For this, it has to be ensured that all contesting candidates getthe forms/ registers/ extracts <strong>of</strong> rules relating to lodging <strong>of</strong> their returns <strong>of</strong> accounts <strong>of</strong>election expenses in the approved regional language for electoral rolls and no candidatecomplains that he was not aware <strong>of</strong> the statutory requirements relating to filing the returns <strong>of</strong>election expenses and he is able to maintain his day to day account properly.Various instructions <strong>of</strong> the <strong>Commission</strong> issued from time to time for the guidance <strong>of</strong> thecontesting candidates are given in Annexures 36 to 44.6.2.1. Separate Bank Account to be opened by each candidate for election expenditure:In order to facilitate monitoring <strong>of</strong> election expenditure, each candidate is required to open aseparate bank account exclusively for the purpose <strong>of</strong> election expenditure. This account shallbe opened at least one day before the date on which the candidate files his nominationpapers. The Account Number <strong>of</strong> this bank account shall be communicated by the candidatein writing to the RO at the time <strong>of</strong> filing <strong>of</strong> his nomination. All election expenditure shall bemade by the candidate only from this bank account. All money to be spent on electioneeringshall be deposited in this bank account irrespective <strong>of</strong> its funding from any source includingcandidate’s own fund. A certified copy <strong>of</strong> the account statement <strong>of</strong> this bank account shallbe given by the candidate to the DEO along with the statement <strong>of</strong> the account <strong>of</strong> expenditureat the time <strong>of</strong> filing <strong>of</strong> the Abstract Statement, after declaration <strong>of</strong> results. Wherever thecandidate has not opened the bank account or not intimated the bank account number, theRO shall issue a notice to all such candidates to comply with the <strong>Commission</strong>’s instructions.6.2.2. The bank Account can be opened either in the name <strong>of</strong> the candidate or in the joint namewith his election agent for the purpose <strong>of</strong> election expenditure. The bank account should notbe opened in the joint name with any family member <strong>of</strong> the candidate or any other person, ifhe/she is not the election agent <strong>of</strong> the candidate.6.2.3. The bank account can be opened any where in the state. The accounts can be opened in any<strong>of</strong> the banks including the co-operative banks or in the post <strong>of</strong>fices. The existing bankaccount <strong>of</strong> the candidate should not be used for this purpose as it has to be a separate bankaccount for election purpose.6.2.4.. The DEOs will issue suitable instruction to all banks or post <strong>of</strong>fices to ensure that they opendedicated counters for election purpose to facilitate prompt service to the candidates inopening <strong>of</strong> bank accounts. They should also allow withdrawals and deposits from the saidaccount on priority during the election period.36

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