Election Expenditure Monitoring and Police Matters in House of People Election 2019
Election Expenditure
Monitoring
POLICE MATTERS
Election to the House of People 2019
Election Expenditure Monitoring-Excise Matters
State Nodal Officer of POLICE (Expenditure)
•
One officer not below the rank of IG at the Police HQ of the State.
•
For coordination with all flying squads, SSTs, law enforcement agencies
and with the Commission.
•
His office telephone/fax number and mobile number shall be intimated to
the Expenditure Observers, Investigation Directorate, Excise Department
and other law enforcement agencies during election.
•
He shall train all the master trainers of the districts, who in turn shall train
all personnel engaged in Flying Squad or SST.
•
He shall be responsible for coordination with other law enforcement
agencies, engaged in the election expenditure monitoring.
Election Expenditure Monitoring-Excise Matters
Reporting by State Nodal Officer of POLICE (Expenditure)
Election Expenditure Monitoring-Excise Matters
District Nodal Officer of Police (Expenditure)
•
There shall be one District Nodal Officer for every Police District.
•
He will compile all FST, SST reports of the District.
•
Reports to be sent to State Police Nodal Officer for Expenditure Monitoring with a
copy to DEO and Observers.
Reports:
Election Expenditure Monitoring-Excise Matters
Training
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Police Observer
•
Placement of Police Observer is made in expenditure sensitive
constituencies for monitoring activities of the FS/SST/MCC team
•
Functions from the date of notification till poll.
MEETING WITH POLITICAL PARTIES
•
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EXPENDITURE MONITORING MACHINERY
•
Expenditure Observer (EO)
•
Asst. Expenditure Observer (AEO)
•
Flying Squad (FS)
•
Static Surveillance Teams (SST)
•
Video Surveillance Team (VST)
•
Video Viewing Team (VVT)
•
Accounting Team
•
Media Certification and Monitoring Committee (MCMC)
•
Expenditure Monitoring Cell
•
Complaint Monitoring Cell & Call centre
•
District Expenditure Monitoring Committee (DEMC)
•
Seized Cash Release Committee
11
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The cell will be responsible for expenditure monitoring efforts in the district,
providing manpower and logistical support like space and equipments,
•
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EXPENDITURE MONITORING CELL (EMC)
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To be appointed by the Commission.
EOs are responsible for
overall supervision of expenditure
monitoring
for five Assembly segments.
They will train the Asst. Expenditure Observers and
inspect
functioning of different teams
engaged in expenditure
monitoring in each constituency
They will
coordinate
with various law enforcement agencies of
Income tax, Police, BSF/SSB, State Excise and DRI
They will assist the DEO in preparation of scrutiny report
14
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To reach the constituency on the day of notification of
elections, & submit his arrival report to the Commission in
Annexure-B1
•
EO to leave the constituency after submitting the poll
preparedness report-I
(Annexure-B2),
•
2
nd
Visit on date immediately after the date of withdrawal of
candidature & submit report-II within 24 Hrs.
(Annexure-B3)
and remain in the constituency during entire campaign period
and leave the constituency only after the completion of poll
and sending his Report-III
(Annexure-B4),
•
3
rd
visit after 25 days ( will stay for 8 days) from declaration of results
to assist in finalisation of scrutiny report prepared by DEO. He will
send his final(IV)
(Annexure-B5)
Report after that.
Complaint monitoring by Expenditure Observer
•
Besides the call centre, the observer shall fix one hour time for
hearing of complaints every day in the office of the RO. This time will
be given wide publicity.
•
All complaints will be
inquired into within 24 hours
, and a
copy of the
report given to the observer
and also to the accounting team.
•
One
counter to operate in the office of the RO
every day from 9 AM
to 5 PM to receive complaints and be reported to the Observer.
•
Copies of all
complaints received and reports of inquiries conducted
shall be put on the notice board
of the RO for information of the
Public.
•
Any member of the Public can obtain copies of these documents on
payment of a fee of Re. 1 per page.
16
Assistant Expenditure Observer
•
To be appointed for each Assembly Constituency
by the DEO
in
consultation with the Expenditure Observer
•
To belong to
Group B officers
or equivalent in central government
services or Income Tax, Central Excise, Audit & Accounts officer or
any central PSU
•
Should preferably be a local officer, posted within the same district
or nearby
•
Shall see and supervise all actions on reports of video CDS,
complaints, SOR, FE, expenditure register of candidates , actions by
FS/SST and MCMC
•
Daily report to Observer in
Annexure-B6
ECI no.76/INSTRUCTIONS/EEPS/2015/VOL-II DATED 29
TH
MAY, 2015- ANNEXE-73
•
Commission has issued this order in
suppression of its earlier order No.
76/Instructions/2015/vol. XIX dated 30
th
December, 2014.
•
The detailed instructions including the Standard Operating Procedure for
deployment of the Flying Squads, Static Surveillance Team, for seizure and
release of cash and other items during election process including the
involvement of the DEO, the Police, the other district functionaries attached to
the process, the Superintendent of Excise, the nodal officer of the Income Tax
department has been laid down in the Order.
F
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(
F
S
)
•
There shall be
three or more Flying S
quads (FS) in each Assembly Constituency
/Segment.
•
The FS shall start functioning from the date of announcement of election and shall
continue till completion of poll
.
•
The Flying Squad shall
(a)
attend to all model code of conduct violations
and related complaints;
(b)
attend to all complaints of threat, intimidation, movement of antisocial elements,
liquor, arms and ammunition and large sum of cash for the purpose of bribing of
electors etc.;
(c)
attend to all complaints regarding election expenditure incurred or authorized by the
candidates
I political party;
(d)
Videograph
with the help of
Video Surveillance Team (VST), all major rallies, public
meetings or other major expenses
made by political parties after the announcement
of election by the Commission.
•
In Expenditure Sensitive Constituencies (ESC), there shall be more
FSs,
•
The FS shall not be given any other work
•
The names and mobile numbers of
the Magistrate as head of the
FS
and other officials in FS
shall be provided to the Complaint
Monitoring Control Room and
Call Centre, RO, DEO, General
Observer, Police Observer, Expenditure Observer and Assistant
Expenditure Observer.
•
In ESCs, CPF or State Armed Police may be mixed in the FS,
depending on the situation.
•
The entire proceeding of the FS shall be video recorded
.
•
All the vehicles used by the Flying Squads shall be fitted with the
CCTV cameras! webcams or shall have video cameras (keeping in
view the availability and economic viability) for recording the
interception made by the Flying Squads
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F
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•
The Magistrate of the FS will ensure that proper procedure is followed and there
is no law and order problem.
Reporting of FS
•
Daily Activity report in respect of items of seizure of bribe or cash to the D.E.O. in
a format as per
Annexure – B8
to DEO, SP and EO.
•
Daily Activity report in
respect of MCC violations to RO, DEO, S. P. and General
Observer in the format as given in
Annexure-B9
.
•
The S. P. shall send daily activity report to Nodal Officer of Police Headquarter,
who shall compile all such reports from the district and send a consolidated
report in the same format ( i.e
.,: Annexure – B8 & B9
) on the next day by fax/ e-
mail to the Commission with a copy to the CEO of the state.
Responsibility of in Charge of FS
In case of suspicion of commission, of any crime, the
in charge Police Officer of FS
shall -
•
seize cash or items of bribe or other such items, and
•
gather evidence and record statement of the witnesses and the persons from whom the items are seized and
•
issue proper Panchnama for seizure to the person from whom such items are seized.
•
He shall ensure that case is submitted in the Court of
competent
jurisdiction within 24 hrs.
•
file complaints/F.l.R. immediately against
the persons, receiving and giving bribe; and
any other person from whom contraband items are seized, or
any other antisocial elements found engaged in illegal activity.
The copy of the complaint/FIR shall be displayed on the notice board of the R.O. for public information and be sent
to the DEO, General Observer, Expenditure Observer and Police Observer.
The Expenditure Observer shall mention it in the Shadow Observation Register, if it has links with any candidate's
election expenditure.
SST Covering for FS
•
In case, a complaint is received and
it is not possible for the FS to reach
the spot immediately, then the information shall be passed on to the
Static Surveillance Team, nearest to the spot
or to the police station of
that area, who shall rush a team to the spot for taking necessary action
on the complaint.
•
All seizures made by the police authorities either on receipt of
complaints forwarded by FS or received independently shall also be
reported to the
FS which shall incorporate such seizure reports
in its Daily
Activity Reports in relevant rows/columns.
•
Each FS shall announce through
a Public address system, fitted onto its vehicle
, the
following in local language in the area under its jurisdiction:
•
"As per section 171 B of Indian Penal Code, any person giving or accepting
any gratification in cash or kind during election process, with a view to
inducing the person to exercise his electoral right is punishable with
imprisonment up to one year or with fine or with both. Further, as per
section 171 C of Indian Penal Code, any person who threatens any candidate
or elector, or any other person, with injury of any kind, is punishable with
imprisonment up to one year or with fine or both. Flying Squads have been
formed to register cases against both the giver and the taker of bribe and for
taking action against those who are engaged in threat and intimidation of
electors. All the Citizens are hereby requested to refrain from taking any
bribe and in case, anybody offers any bribe or is having knowledge about the
bribe or cases of threat/intimidation of electors, then he should inform on the
toll free number…………………. , of the 24x7 Complaint Monitoring Cell of
the district, set up for receiving the complaints".
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S
•
The DEO shall constitute the FS with officers of proven integrity.
•
The DEO shall
publish pamphlets quoting the appeal to public in English or Hindi or
local
language
and distribute through the flying squad in prominent places.
•
Press release should also be
issued by the DEO on the election expenditure
monitoring measures.
•
after the announcement of elections, DEO shall make
an appeal in print and.
electronic media for the benefit of general public about the monitoring mechanism,
which is being put in place during election process.
Static Surveillance Team (SST)
•
Checking by SST on the major roads or arterial roads shall commence
from the date of notification of
election.
•
There shall be
three or more Static Surveillance Teams
in each Assembly Constituency/Segment with one
executive magistrate and three or four police personnel in each team who shall be manning the check post.
•
Depending on the sensitivity of the area, the CPF members will be mixed in the SSTs.
•
This team shall put check posts at Expenditure Sensitive pockets/hamlets, and shall keep watch on movement
of illicit liquor, items of bribe, or large amount of cash, arms and ammunition and also movement of
antisocial elements in their area.
•
The entire process of checking shall be
captured in video or CCTV.
•
The video/CCTV record with an identification mark of date, place and team number shall be deposited
with the R.O, on the next day who shall preserve the same for verification by the Commission at later point
of time. It may also be widely advertised by the DEO that any member of the public can obtain a copy of
the video/
CCTV record by depositing Rs. 300/-.
•
Whenever Check Posts are put at the borders of the district/State or at any other place by
any agency, for any purpose, then the nearest SST shall be present there in such team, to
avoid duplication of checking in the area and reporting of seizure of cash or items of bribe
has to be done by the SST.
•
The SSTs shall be controlled by the DEO and S.P. in consultation with General Observer and
Expenditure Observers
and the mechanism shall be strengthened in last 72 Hrs. before the
poll, particularly in vulnerable areas or in Expenditure sensitive pockets
and during such
period, ·the SST shall not be dismantled under any circumstances.
•
No checking shall take place without the presence of Executive Magistrate.
•
During checking, if any cash exceeding Rs. 50,000/- is. found in a vehicle carrying a
candidate, his agent, or party worker or carrying posters or election materials or any drugs,
liquor, arms or gift items which are valued at more than Rs.1O,O0O/-, likely to be used for
inducement of electors or any other illicit articles are found in a vehicle, shall be subject to
seizure.
•
After seizure, the seized amount shall be deposited in such manner as directed by
the Court and a copy of seizure of cash, in excess of Rs. 1O lacs shall be forwarded to
the Income Tax authority, engaged for the purpose.
•
The DEO shall issue necessary instructions to the treasury units to receive the seized
cash beyond office hours and on holidays also, in case it is required.
•
The Magistrate of the SST shall send Daily Activity report
( Annexure-B10)
to the
D.E.O. with copy to R.O., S.P. and Expenditure Observer, General Observer, and Police
observer in a format as per Annexure -C, on the same day.
•
The S.P. shall send daily activity update to Nodal Officer of Police Headquarter, who
shall compile all such reports from the district and send a consolidated report in the
same format ( i.e., Annexure - C) on the next day by fax/ e-mail to the Commission
with a copy to the CEO of the state.
Exemption from Seizure by SST
•
If any
star campaigner is carrying cash up to Rs. 1 Lakh
, exclusively for his/her
personal use, or any party functionary is carrying cash with certificate from the
treasurer of the party mentioning the amount and its end use, then the authorities in
SST shall retain a copy of the certificate and will not seize the cash.
•
If cash of more than
10 lakh
is found in a vehicle and there is
no suspicion of
commission of any crime or linkage to any candidate or agent or party functionary
,
then the SST
shall not seize the cash. and pass on the information to the Income-Tax
authority, for
necessary action under Income - Tax Laws
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the seizure of cash or any item shall be done by the in charge Police Officer of the
SST as per provision of Cr.P.C. in presence of the Executive Magistrate
•
The Police Officer in charge of SST shall file complaint/FIR in the Court, having
jurisdiction, within 24 hours.
•
FS and SST shall be polite, decent and courteous, while checking the baggage or
vehicle. The purse held by the ladies shall not be checked, unless there is a lady
officer.
The FS shall also supervise the functioning and proper conduct of SSTs
during checking in their areas.
TRAINING OF FST AND SST
•
Advance
training of FSs and SSTs should be done as per direction of the Commission.
The DEO and the SP of the district shall ensure that the teams are constituted and
properly trained. The Nodal Officer at the Police Headquarters shall ensure that
proper training- and sensitization of the police force is this regard is done.
Complaint against functioning of FST & SST
In case of any grievance about the conduct of the FS or SST, the Authority, whom
the person can appeal for redressal of grievance
on misconduct or harassment
shall be
the Addl. District Magistrate of the district (in charge of the Expenditure
Monitoring Cell).
All the vehicles, used by SSTs and FSs may be fitted with GPRS enabled tracking
unit so that timely action by the teams can be monitored.
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In order to avoid inconvenience to the public and genuine persons and also for redressal
of their grievances, if any, a committee shall be formed comprising three officers of the
District, namely,
(i)
ADM, Zila Parishad/P.D,DRDA-
(ii)
Nodal Officer of Expenditure Monitoring in the District Election Office (Convener) and
(iii)
District Treasury Officer.
•
All cases of seizure of cash etc., effected by FS, SST or Police authorities shall immediately
be brought to the notice of the Committee formed in the District
The Committee shall suo-motu examine each case of seizure made by the Police or SST or FS
and where the Committee finds that
no FIR/Complaint has been filed against the seizure
or
where the seizure is
not linked with any candidate or political party or any election campaign
etc., as per Standard Operating Procedure, it shall take immediate step to order release of
such cash etc. to such persons from whom the cash was seized after passing a
speaking
order.
•
The procedure of appeal against seizure should be mentioned in the
seizure document
and it should also be informed to such persons at the time of seizure of cash.
•
The functioning of this committee should be given
wide publicity
, including telephone
no. of the convener of the Committee.
•
All the information pertaining to release of cash, shall be maintained by the
Nodal
Officer expenditure monitoring in a register
, serially, date wise with the details
regarding amount of Cash intercepted/seized and date of release to the person(s)
concerned.
•
If the release of cash is more than Rs. 10 (Ten) Lac, the nodal officer of Income Tax
shall be kept informed before the release is effected.
•
In no case, the matter relating to seized cash/ seized valuables shall be kept pending in
malkhana or treasury for more than
7(Seven) days after the date of poll
, unless any
FIR/Complaint is filed.
•
It shall be the
responsibility of the Returning Officer
to bring all such cases before the
appellate committee and to release the cash/valuables as per order of the appellate
committee.
S.O.P- for Flying Squad on receipt of complaints relating to
storage of cash and
other valuables in any premises
..
•
On receipt of complaint, Expenditure Observer will be informed.
•
EO or Nodal Officer DEMC will co-ordinate with Income Tax Team.
•
Flying Squad will rush to the spot, deploy persons at distance from the premises till the Income Tax Team
arrive. If required, videography can be made.
•
Neither Expenditure Observer nor any member of F. S. will enter into the premises before arrival of the
Income Tax Team.
•
FS or Expenditure Observer will not carry out any search operation in the premises on their own.
•
Any action in this regard will be undertaken by the Income Tax Teams.
•
FS team should be present in the vicinity for interception and checking of the person entering and coming
out of the premises during the search. Cash and valuable found during the search may be seized by FS.
•
DEO and CP/SP will render assistance to Income Tax Team.
District Complaint Monitoring Cell
•
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All complaints filed with DISTRICT LEVEL Complaint Monitoring
cell to be recorded and investigated
35
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It will function
24/7 Toll Free Call Centre
to receive complaints at
DEO’s end and telephone number would be
widely publicized
Complaint monitoring center
for communication with various teams to
operate from the date of press notification
. A senior officer will be put in
charge of the call center and there will be sufficient staff to man the
telephone lines.
All expenditure related complaints will be immediately forwarded to
Flying Squad or officer concerned with SMS to RO, Asst. Exp. Observer
and Expenditure Observer
In all MCC related complaints will be forwarded to RO with
copy to
General Observer.
A register should also be maintained in the format given in
Annexure-
B13
, with the name and address of the complainant, nature of
complaint,
timing of complaint and action taken on the complaint by the Control
Room. All the calls would be
recorded for future confirmation
.
36
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Separate Bank Account
1.
The candidate is to open a separate bank account for election
expenditure, at least one day prior to filing of his nomination papers.
2.
It can be opened in joint name of the candidate and his election agent,
anywhere in the state.
3.
This Bank account can not be opened jointly by the candidate with
spouse or other relatives, if they are not the election agent of the
candidate.
4.
The account can be opened in any bank, including co-operative banks
and Post Office.
5.
At the time of filing the nomination the candidate will communicate the
account number of this bank account to the RO in writing.
6.
All the election expenses of the candidate should be met from this bank
account. The candidate shall also submit a certified copy of the account
statement after the poll.
40
RECEIPT OF DONATION OR INCURRING EXPENDITURE
BY CANDIDATE
ECI No.76/Instructions/2018/EEPS dated 12.11.2018
•
All election expenditure/donation either by/to candidate(s) or Political Parties
exceeding
Rs. 10000.00 ( Ten Thousand)
shall be incurred by cross
account payee
cheque or draft or RTGS/NEFT or any other electronic mode
linked with bank
account of the candidate opened for election purpose or by Political Parties.
•
Candidate(s) shall maintain the full name and address of such persons/entities,
which shall be mentioned in relevant columns of day to day accounts and the
abstract statement of election expenditure
.
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(3/9/2015/SAR dated 9.10.2015 &
4/LET/ECI/FUNC/JUD/SDR/2016 dated 25.07.2016
)
In terms of circular no. 3/9/2004/js-ii, dated 24.8.2004 regarding provisions of law on printing of
pamphlets, posters etc. in connection with elections all political advertisements in print media
during the period of election should contain the name and address of the publisher.
DEOs to hold meeting with the printers in this regard.
Record should be kept of all advertisements in print media as these have to be included in the
account of election expenses of candidate(s).
Job of record keeping has to be performed by the expenditure monitoring team. All such
material should be taken into account during verification of account of election expenses of a
candidate
.
Hoarding, Flex boards containing election advertisement be treated as poster under 127A of RP
Act and expenditure to be included to candidates’ account.
Star Campaigners
•
List of Star campaigners to be submitted to CEO or the
Commission
within 7 days of the
notification(U/S 77(I)
EXPLANATION 2 OF RP ACT,1951)
•
Travel expense of
star campaigners of allied party
are not
exempt
•
CEILING- 40 CAMPAIGNERS FOR RECOGNIZED
PARTY & 20 FOR REGISTERED PARTY.
•
If the Star campaigner travels
with candidate, then 50% of
the travel expense
will be added to the candidate
•
If the candidate
shares the Pandal with the Star
Campaigner or his photo or poster with his name
is
exhibited in the meeting, then the meeting expense will be
added to his account.
Star Campaigners
•
All expenditure including lodging/boarding expenses of star
campaigners in the constituency where they campaign for any
candidate shall be included in the expenditure account of that
particular candidate, provided that -
a. The Star Campaigners/Campaigners have actually
campaigned for the candidate, and
b. The Star Campaigners/Campaigners have incurred such
boarding and lodging expenditure while remaining in a
commercial hotel or lodge for the purpose of election
campaign of the candidate irrespective of the fact whether the
payment is made by such candidate or not.
Thank
You
This document outlines the procedures and responsibilities regarding election expenditure monitoring and police matters for the House of People Election in 2019. It details the roles of State Nodal Officer of Police, District Nodal Officers, and training schedules for officers involved in monitoring and enforcement. The reports to be submitted, coordination with law enforcement agencies, and seizure protocols are also highlighted.
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Election Expenditure Monitoring POLICE MATTERS Election to the House of People 2019
Election Expenditure Monitoring-Excise Matters State Nodal Officer of POLICE (Expenditure) One officer not below the rank of IG at the Police HQ of the State. For coordination with all flying squads, SSTs, law enforcement agencies and with the Commission. His office telephone/fax number and mobile number shall be intimated to the Expenditure Observers, Investigation Directorate, Excise Department and other law enforcement agencies during election. He shall train all the master trainers of the districts, who in turn shall train all personnel engaged in Flying Squad or SST. He shall be responsible for coordination with other law enforcement agencies, engaged in the election expenditure monitoring.
Election Expenditure Monitoring-Excise Matters Reporting by State Nodal Officer of POLICE (Expenditure) Report Prescribed format To Period Daily Activity Report of Flying Squad on Seizure of Cash/other items Annexure-B8 ECI & CEO WB Every Day Daily Activity Report of Flying Squad on MCC related complaints Annexure-B9 ECI & CEO WB Every Day Daily Activity Report of Static Surveillance Team on Seizure of Cash/other items Annexure-B10 ECI & CEO WB Every Day Seizure Made by Police Department on Poll Day up to 12 O clock Annexure-C10 ECI & CEO WB On Poll Day by 1.00 P.M.
Election Expenditure Monitoring-Excise Matters District Nodal Officer of Police (Expenditure) There shall be one District Nodal Officer for every Police District. He will compile all FST, SST reports of the District. Reports to be sent to State Police Nodal Officer for Expenditure Monitoring with a copy to DEO and Observers. Reports: Report Prescribed format To Period Daily Activity Report of Flying Squad on Seizure of Cash/other items Annexure-B8 SNO/DEO/EO Every Day Daily Activity Report of Flying Squad on MCC related complaints Annexure-B9 SNO/DEO/EO Every Day Daily Activity Report of Static Surveillance Team on Seizure of Cash/other items Annexure-B10 SNO/DEO/EO Every Day Seizure Made by Police Department on Poll Day up to 12 O clock Annexure-C10 SNO/DEO/EO On Poll Day by 1.00 P.M.
Election Expenditure Monitoring-Excise Matters Training Level To By Target Date 1stweek of February 2019 State Level SNO Police, DNO Police CEO, WB 3rdweek of February 2019 District Level District Level Teams, Field Level Teams and officials DEO and DNO Excise
Legal provisions Legal provisions related to election expenditure monitoring related to election expenditure monitoring RP ACT, 1951 The following acts amount to an electoral offence: Election pamphlet/poster which does not bear the name & addresses of the printer /publisher Declaration as to the identity of the publisher is to be sent to the printer signed by publisher and attested by 2 persons personally known to him Copy of the declaration and the document should be sent by the printer to the CEO/District Magistrate as per location Imprisonment upto 6 months or fine up to Rs. 2000 or both Sec 127A: Restrictions on the printing of pamphlets, posters, etc. 6
PROVISIONS OF INDIAN PENAL CODE, 1860 PROVISIONS OF INDIAN PENAL CODE, 1860 Any person giving or accepting gratification to induce a person to exercise his electoral right would commit the offence of bribery. Gratification Offering gratification, agreeing to give gratification, attempting to procure gratification for doing an act against one s will shall be deemed as giving gratification. 171 B Bribery one year imprisonment or fine or with both. Bribery by treating (food, drink, entertainment, or provision) shall be punished with fine only 171 E Punishment for bribery Any Act which voluntarily interferes or attempts to interfere with the free exercise of any electoral right. 171 C Undue influence at elections 171 F Punishment for undue influence at elections one year imprisonment or fine or both. 7
Provisions of the Provisions of the Indian Penal Code, Indian Penal Code, 1860 1860 Expenditure organization for a candidate without his written permission would be considered illegal whether the expenditure is in relation to a advertisements, publication or in any other way. done by any person/ 171 H Illegal payments in connection with an election public meeting, If the candidate/his election agent does not maintain an account of his election expenditure in the manner specified by ECI 171 I Failure to keep election accounts Punishment for not maintaining accounts A fine up to rupees 500. 8
Police Observer Placement of Police Observer is made in expenditure sensitive constituencies for monitoring activities of the FS/SST/MCC team Functions from the date of notification till poll.
MEETING WITH POLITICAL PARTIES DEO will have a meeting with all recognised Political Parties within 3 days of announcement of election about the Instructions of the Commission and explain the legal provisions and give a copy of the compendium of instructions, He will also discuss the various rates of expenditure and consider their suggestions before notification of rates, CEO will arrange facilitation training at State Level on Expenditure Monitoring representatives of all registered political parties of the state, to explain various legal provisions including the procedures within 3 days of announcement of election. Measures for the
EXPENDITURE MONITORING MACHINERY Expenditure Observer (EO) Asst. Expenditure Observer (AEO) Flying Squad (FS) Static Surveillance Teams (SST) Video Surveillance Team (VST) Video Viewing Team (VVT) Accounting Team Media Certification and Monitoring Committee (MCMC) Expenditure Monitoring Cell Complaint Monitoring Cell & Call centre District Expenditure Monitoring Committee (DEMC) Seized Cash Release Committee 11
EXPENDITURE MONITORING CELL (EMC) EXPENDITURE MONITORING CELL (EMC) This cell at district level will consist of a Nodal Officer on behalf of DEO, of the rank of SDM/ADM and one or more official(s) who will be in charge of Expenditure monitoring training and coordination with all other team heads engaged in expenditure monitoring, The cell will be responsible for expenditure monitoring efforts in the district, providing manpower and logistical support like space and equipments, First training of the Asstt. Expenditure Observers (AEO s) and all the officials engaged in various teams should be done by these Nodal Officers of Expenditure Monitoring Cell in the District as soon as the elections are announced,
EXPENDITURE MONITORING CELL (EMC) This cell will keep custody of all shadow observation registers and folders of evidence after the poll, Nodal Officer of Expenditure Monitoring Cell shall act as the link between the DEO and the EO, EMC will assist the DEO and Expenditure Observer in finalizing the scrutiny report to be submitted after declaration of result.
EXPENDITURE OBSERVER (EO) EXPENDITURE OBSERVER (EO) To be appointed by the Commission. EOs are responsible for overall supervision of expenditure monitoring for five Assembly segments. They will train the Asst. Expenditure Observers and inspect functioning of different teams engaged in expenditure monitoring in each constituency They will coordinate with various law enforcement agencies of Income tax, Police, BSF/SSB, State Excise and DRI They will assist the DEO in preparation of scrutiny report 14
Visit of Expenditure Observer Visit of Expenditure Observer To reach the constituency on the day of notification of elections, & submit his arrival report to the Commission in Annexure-B1 EO to leave the constituency after submitting the poll preparedness report-I (Annexure-B2), 2nd Visit on date immediately after the date of withdrawal of candidature & submit report-II within 24 Hrs. (Annexure-B3) and remain in the constituency during entire campaign period and leave the constituency only after the completion of poll and sending his Report-III (Annexure-B4), 3rd visit after 25 days ( will stay for 8 days) from declaration of results to assist in finalisation of scrutiny report prepared by DEO. He will send his final(IV) (Annexure-B5) Report after that.
Complaint monitoring by Expenditure Observer Besides Besides the hearing hearing of of complaints be be given given wide wide publicity All complaints will be inquired report report given given to to the One counter counter to to operate to 5 PM to receive complaints and be reported to the Observer. Copies of all complaints complaints received received and shall shall be be put put on on the the notice notice board board of the RO for information of the Public. Any member of the Public can obtain copies of these documents on payment of a fee of Re. 1 per page. the call complaints every publicity. . call centre, centre, the the observer observer shall every day day in in the shall fix office of of the fix one the RO one hour RO. . This hour time This time time for time will for will the office inquired into observer and also to the accounting team. operate in in the the office office of of the into within within 24 24 hours hours, and a copy copy of of the the the observer the RO RO every day from 9 AM and reports reports of of inquiries inquiries conducted conducted 16
Assistant Expenditure Observer To be appointed for each Assembly Constituency by the DEO in consultation with the Expenditure Observer To belong to Group B officers or equivalent in central government services or Income Tax, Central Excise, Audit & Accounts officer or any central PSU Should preferably be a local officer, posted within the same district or nearby Shall see and supervise all actions on reports of video CDS, complaints, SOR, FE, expenditure register of candidates , actions by FS/SST and MCMC Daily report to Observer in Annexure-B6
STANDARD OPERATING PROCEDURE FOR SEIZURE AND STANDARD OPERATING PROCEDURE FOR SEIZURE AND RELEASE OF CASH AND OTHER ITEMS. RELEASE OF CASH AND OTHER ITEMS. ECI no.76/INSTRUCTIONS/EEPS/2015/VOL-II DATED 29TH MAY, 2015- ANNEXE-73 Commission has issued this order in suppression of its earlier order No. 76/Instructions/2015/vol. XIX dated 30th December, 2014. The detailed instructions including the Standard Operating Procedure for deployment of the Flying Squads, Static Surveillance Team, for seizure and release of cash and other items during election process including the involvement of the DEO, the Police, the other district functionaries attached to the process, the Superintendent of Excise, the nodal officer of the Income Tax department has been laid down in the Order.
Flying Squad (FS) Flying Squad (FS) There shall be three or more Flying Squads (FS) in each Assembly Constituency /Segment. The FS shall start functioning from the date of announcement of election and shall continue till completion of poll. The Flying Squad shall (a) attend to all model code of conduct violations and related complaints; (b) attend to all complaints of threat, intimidation, movement of antisocial elements, liquor, arms and ammunition and large sum of cash for the purpose of bribing of electors etc.; (c) attend to all complaints regarding election expenditure incurred or authorized by the candidates I political party; (d) Videograph with the help of Video Surveillance Team (VST), all major rallies, public meetings or other major expenses made by political parties after the announcement of election by the Commission.
In Expenditure Sensitive Constituencies (ESC), there shall be more FSs, The FS shall not be given any other work The names and mobile numbers of the Magistrate as head of the FS and other officials in FS shall be provided to the Complaint Monitoring Control Room and Call Centre, RO, DEO, General Observer, Police Observer, Expenditure Observer and Assistant Expenditure Observer. In ESCs, CPF or State Armed Police may be mixed in the FS, depending on the situation. The entire proceeding of the FS shall be video recorded. All the vehicles used by the Flying Squads shall be fitted with the CCTV cameras! webcams or shall have video cameras (keeping in view the availability and economic viability) for recording the interception made by the Flying Squads
Responsibility of Magistrate in FS Responsibility of Magistrate in FS The Magistrate of the FS will ensure that proper procedure is followed and there is no law and order problem. Reporting of FS Daily Activity report in respect of items of seizure of bribe or cash to the D.E.O. in a format as per Annexure B8 to DEO, SP and EO. Daily Activity report in respect of MCC violations to RO, DEO, S. P. and General Observer in the format as given in Annexure-B9. The S. P. shall send daily activity report to Nodal Officer of Police Headquarter, who shall compile all such reports from the district and send a consolidated report in the same format ( i.e.,: Annexure B8 & B9) on the next day by fax/ e- mail to the Commission with a copy to the CEO of the state.
Responsibility of in Charge of FS In case of suspicion of commission, of any crime, the in charge Police Officer of FS shall - seize cash or items of bribe or other such items, and gather evidence and record statement of the witnesses and the persons from whom the items are seized and issue proper Panchnama for seizure to the person from whom such items are seized. He shall ensure that case is submitted in the Court of competent jurisdiction within 24 hrs. file complaints/F.l.R. immediately against the persons, receiving and giving bribe; and any other person from whom contraband items are seized, or any other antisocial elements found engaged in illegal activity. The copy of the complaint/FIR shall be displayed on the notice board of the R.O. for public information and be sent to the DEO, General Observer, Expenditure Observer and Police Observer. The Expenditure Observer shall mention it in the Shadow Observation Register, if it has links with any candidate's election expenditure.
SST Covering for FS In case, a complaint is received and it is not possible for the FS to reach the spot immediately, then the information shall be passed on to the Static Surveillance Team, nearest to the spot or to the police station of that area, who shall rush a team to the spot for taking necessary action on the complaint. All seizures made by the police authorities either on receipt of complaints forwarded by FS or received independently shall also be reported to the FS which shall incorporate such seizure reports in its Daily Activity Reports in relevant rows/columns.
Each FS shall announce through a Public address system, fitted onto its vehicle, the following in local language in the area under its jurisdiction: "As "As per per section section 171 171 B B of of Indian Indian Penal Penal Code, any any gratification gratification in in cash cash or or kind kind during inducing inducing the the person person to to exercise exercise his imprisonment imprisonment up up to to one one year year or or with with fine section section 171 171 C C of of Indian Indian Penal Penal Code, Code, any or or elector, elector, or or any any other other person, person, with with injury imprisonment imprisonment up up to to one one year year or or with with fine formed formed to to register register cases cases against against both both the taking taking action action against against those those who who are are engaged electors electors. . All All the the Citizens Citizens are are hereby hereby requested bribe bribe and and in in case, case, anybody anybody offers offers any any bribe bribe bribe or or cases cases of of threat/intimidation threat/intimidation of of electors, toll toll free free number number . . , , of of the the the district, district, set set up up for for receiving receiving the the complaints" complaints". . Code, any during election his electoral electoral right fine or any person person who injury of of any fine or or both the giver giver and engaged in requested to to refrain bribe or or is is having electors, then the 24 24x x7 7 Complaint Complaint Monitoring any person person giving election process, process, with right is is punishable or with with both both. . Further, who threatens threatens any any kind, kind, is is punishable both. . Flying Flying Squads and the the taker taker of of bribe in threat threat and and intimidation refrain from having knowledge knowledge about then he he should should inform Monitoring Cell giving or with a a view punishable with Further, as any candidate candidate punishable with Squads have have been bribe and intimidation of of from taking taking any about the inform on or accepting accepting view to to with as per per with been and for for any the the on the Cell of of
Responsibility of DEO as regards functioning of the FS Responsibility of DEO as regards functioning of the FS The DEO shall constitute the FS with officers of proven integrity. The DEO shall publish pamphlets quoting the appeal to public in English or Hindi or local language and distribute through the flying squad in prominent places. Press release should also be issued by the DEO on the election expenditure monitoring measures. after the announcement of elections, DEO shall make an appeal in print and. electronic media for the benefit of general public about the monitoring mechanism, which is being put in place during election process.
Static Surveillance Team (SST) Checking by SST on the major roads or arterial roads shall commence from the date of notification of election. There shall be three or more Static Surveillance Teams in each Assembly Constituency/Segment with one executive magistrate and three or four police personnel in each team who shall be manning the check post. Depending on the sensitivity of the area, the CPF members will be mixed in the SSTs. This team shall put check posts at Expenditure Sensitive pockets/hamlets, and shall keep watch on movement of illicit liquor, items of bribe, or large amount of cash, arms and ammunition and also movement of antisocial elements in their area. The entire process of checking shall be captured in video or CCTV. The video/CCTV record with an identification mark of date, place and team number shall be deposited with the R.O, on the next day who shall preserve the same for verification by the Commission at later point of time. It may also be widely advertised by the DEO that any member of the public can obtain a copy of the video/ CCTV record by depositing Rs. 300/-.
Whenever Check Posts are put at the borders of the district/State or at any other place by any agency, for any purpose, then the nearest SST shall be present there in such team, to avoid duplication of checking in the area and reporting of seizure of cash or items of bribe has to be done by the SST. The SSTs shall be controlled by the DEO and S.P. in consultation with General Observer and Expenditure Observers and the mechanism shall be strengthened in last 72 Hrs. before the poll, particularly in vulnerable areas or in Expenditure sensitive pockets and during such period, the SST shall not be dismantled under any circumstances. No checking shall take place without the presence of Executive Magistrate. During checking, if any cash exceeding Rs. 50,000/- is. found in a vehicle carrying a candidate, his agent, or party worker or carrying posters or election materials or any drugs, liquor, arms or gift items which are valued at more than Rs.1O,O0O/-, likely to be used for inducement of electors or any other illicit articles are found in a vehicle, shall be subject to seizure.
After seizure, the seized amount shall be deposited in such manner as directed by the Court and a copy of seizure of cash, in excess of Rs. 1O lacs shall be forwarded to the Income Tax authority, engaged for the purpose. The DEO shall issue necessary instructions to the treasury units to receive the seized cash beyond office hours and on holidays also, in case it is required. The Magistrate of the SST shall send Daily Activity report ( Annexure-B10) to the D.E.O. with copy to R.O., S.P. and Expenditure Observer, General Observer, and Police observer in a format as per Annexure -C, on the same day. The S.P. shall send daily activity update to Nodal Officer of Police Headquarter, who shall compile all such reports from the district and send a consolidated report in the same format ( i.e., Annexure - C) on the next day by fax/ e-mail to the Commission with a copy to the CEO of the state.
Exemption from Seizure by SST If any star campaigner is carrying cash up to Rs. 1 Lakh, exclusively for his/her personal use, or any party functionary is carrying cash with certificate from the treasurer of the party mentioning the amount and its end use, then the authorities in SST shall retain a copy of the certificate and will not seize the cash. If cash of more than 10 lakh is found in a vehicle and there is no suspicion of commission of any crime or linkage to any candidate or agent or party functionary, then the SST shall not seize the cash. and pass on the information to the Income-Tax authority, for necessary action under Income - Tax Laws
Responsibility Responsibility of in Charge of of in Charge of SST SST the seizure of cash or any item shall be done by the in charge Police Officer of the SST as per provision of Cr.P.C. in presence of the Executive Magistrate The Police Officer in charge of SST shall file complaint/FIR in the Court, having jurisdiction, within 24 hours. FS and SST shall be polite, decent and courteous, while checking the baggage or vehicle. The purse held by the ladies shall not be checked, unless there is a lady officer. The FS shall also supervise the functioning and proper conduct of SSTs during checking in their areas.
TRAINING OF FST AND SST Advance training of FSs and SSTs should be done as per direction of the Commission. The DEO and the SP of the district shall ensure that the teams are constituted and properly trained. The Nodal Officer at the Police Headquarters shall ensure that proper training- and sensitization of the police force is this regard is done. Complaint against functioning of FST & SST In case of any grievance about the conduct of the FS or SST, the Authority, whom the person can appeal for redressal of grievance on misconduct or harassment shall be the Addl. District Magistrate of the district (in charge of the Expenditure Monitoring Cell). All the vehicles, used by SSTs and FSs may be fitted with GPRS enabled tracking unit so that timely action by the teams can be monitored.
Protocol for Release of Cash Release of Cash In order to avoid inconvenience to the public and genuine persons and also for redressal of their grievances, if any, a committee shall be formed comprising three officers of the District, namely, (i) ADM, Zila Parishad/P.D,DRDA- (ii) Nodal Officer of Expenditure Monitoring in the District Election Office (Convener) and (iii) District Treasury Officer. All cases of seizure of cash etc., effected by FS, SST or Police authorities shall immediately be brought to the notice of the Committee formed in the District The Committee shall suo-motu examine each case of seizure made by the Police or SST or FS and where the Committee finds that no FIR/Complaint has been filed against the seizure or where the seizure is not linked with any candidate or political party or any election campaign etc., as per Standard Operating Procedure, it shall take immediate step to order release of such cash etc. to such persons from whom the cash was seized after passing a speaking order.
The procedure of appeal against seizure should be mentioned in the seizure document and it should also be informed to such persons at the time of seizure of cash. The functioning of this committee should be given wide publicity, including telephone no. of the convener of the Committee. All the information pertaining to release of cash, shall be maintained by the Nodal Officer expenditure monitoring in a register, serially, date wise with the details regarding amount of Cash intercepted/seized and date of release to the person(s) concerned. If the release of cash is more than Rs. 10 (Ten) Lac, the nodal officer of Income Tax shall be kept informed before the release is effected. In no case, the matter relating to seized cash/ seized valuables shall be kept pending in malkhana or treasury for more than 7(Seven) days after the date of poll, unless any FIR/Complaint is filed. It shall be the responsibility of the Returning Officer to bring all such cases before the appellate committee and to release the cash/valuables as per order of the appellate committee.
S.O.P- for Flying Squad on receipt of complaints relating to storage of cash and other valuables in any premises.. On receipt of complaint, Expenditure Observer will be informed. EO or Nodal Officer DEMC will co-ordinate with Income Tax Team. Flying Squad will rush to the spot, deploy persons at distance from the premises till the Income Tax Team arrive. If required, videography can be made. Neither Expenditure Observer nor any member of F. S. will enter into the premises before arrival of the Income Tax Team. FS or Expenditure Observer will not carry out any search operation in the premises on their own. Any action in this regard will be undertaken by the Income Tax Teams. FS team should be present in the vicinity for interception and checking of the person entering and coming out of the premises during the search. Cash and valuable found during the search may be seized by FS. DEO and CP/SP will render assistance to Income Tax Team.
District Complaint Monitoring Cell Copies of all complaints received and reports of inquiries conducted shall be put on the notice board of the RO for information of the Public. Any member of the Public can obtain copies of these documents on payment of a fee of Re. 1 per page. 35 All complaints filed with DISTRICT LEVEL Complaint Monitoring cell to be recorded and investigated
Expenditure Monitoring Control Room and Call Centre Expenditure Monitoring Control Room and Call Centre It will function 24 DEO s end and telephone number would be widely Complaint monitoring center for operate operate from from the the date date of of press press notification charge of the call center and there will be sufficient staff to man the telephone lines. All expenditure related complaints will be immediately forwarded to Flying Flying Squad Squad or or officer officer concerned concerned with with SMS and and Expenditure Expenditure Observer Observer In all MCC related complaints will be forwarded to RO with copy General General Observer Observer. . A register should also be maintained in the format given in Annexure B B13 13, , with with the the name name and and address address of of the the complainant, timing of complaint and action taken on the complaint by the Control Room. All the calls would be recorded recorded for 24/ /7 7 Toll Toll Free Free Call Call Centre Centre to receive complaints at widely publicized publicized for communication communication with with various notification. A senior officer will be put in various teams teams to to SMS to to RO, RO, Asst Asst. . Exp Exp. . Observer Observer copy to to Annexure- - complainant, nature nature of of complaint, for future future confirmation confirmation. 36
Video Surveillance Team Video Surveillance Team Minimum One official, one videographer and one vehicle Annexure-B7 Can be more than 1 team at a public meeting, Properly trained to identify and capture MCC and expenditure related events in adequate minute details as required, At the beginning of shooting, the team will record in voice mode the title and type of event , date, Video Surveillanc e Team (VST) place and the name of the party or the candidate organizing the same. It will capture the photo in such a way that the evidence of each vehicle, furniture, rostrum, banner, cutout etc. can be seen clearly and the expense thereon can be estimated, At the end of shooting, the team may also record in voice mode the estimated number and type of vehicles, Chairs, furniture, approx size of rostrum/banner/poster/cutout etc. used in the event. This team will prepare a video cue-sheet in the format given at Annexure-B7 of the instructions. This cue- sheet contains the highlights of the recording with date and time. Therefore it should be ensured by the team that the time and date set up in the camera is correct. 37
Video Viewing Team Video Viewing Team 1 officer and 2 clerks (or as required) for each assembly segment ,as viewing all CD s is a time consuming task, View Video CD provided by VST for identifying election expenditure and MCC related issues, Submit report containing candidate wise expenditure no later than next day to Accounting Team/ Asst. EO, on public rally including the vehicle numbers, number of chairs, size of Dias, audio system, posters , banners, helicopter expense, media advertisements and Paid News, names of candidates MCC related report to General Observer and RO Video Viewing Team (VVT) 38
Accounting Team Accounting Team One official and one accounting clerk per segment Drafted from employees of accounts wing of Central/State Govt. depts. Work under Asst. EO, involved in preparation Shadow Observation Shadow Observation Register Shadow Observation Register of maintaining videos/ CD evidences carefully in Evidence Folder. To maintain proper back-up which can be called by Commission later. Will enter expenditure candidate on major corresponding notified rates against each item( major public meetings/rallies) in the Shadow Observation Register, reported by various teams and expenditure of the event observed for each candidate. Register and Accountin g Team incurred expenses by the and calculate the total 39
Separate Bank Account 1. The candidate is to open a separate bank account for election expenditure, at least one day prior to filing of his nomination papers. It can be opened in joint name of the candidate and his election agent, anywhere in the state. This Bank account can not be opened jointly by the candidate with spouse or other relatives, if they are not the election agent of the candidate. The account can be opened in any bank, including co-operative banks and Post Office. At the time of filing the nomination the candidate will communicate the account number of this bank account to the RO in writing. All the election expenses of the candidate should be met from this bank account. The candidate shall also submit a certified copy of the account statement after the poll. 2. 40 3. 4. 5. 6.
RECEIPT OF DONATION OR INCURRING EXPENDITURE BY CANDIDATE ECI No.76/Instructions/2018/EEPS dated 12.11.2018 All election expenditure/donation either by/to candidate(s) or Political Parties exceeding Rs. 10000.00 ( Ten Thousand) shall be incurred by cross account payee cheque or draft or RTGS/NEFT or any other electronic mode linked with bank account of the candidate opened for election purpose or by Political Parties. Candidate(s) shall maintain the full name and address of such persons/entities, which shall be mentioned in relevant columns of day to day accounts and the abstract statement of election expenditure.
Restrictions on the printing of pamphlets, Restrictions on the printing of pamphlets, posters etc. and for proper record keeping by MCMC for proper record keeping by MCMC posters etc. and (3/9/2015/SAR dated 9.10.2015 & 4/LET/ECI/FUNC/JUD/SDR/2016 dated 25.07.2016) In terms of circular no. 3/9/2004/js-ii, dated 24.8.2004 regarding provisions of law on printing of pamphlets, posters etc. in connection with elections all political advertisements in print media during the period of election should contain the name and address of the publisher. DEOs to hold meeting with the printers in this regard. Record should be kept of all advertisements in print media as these have to be included in the account of election expenses of candidate(s). Job of record keeping has to be performed by the expenditure monitoring team. All such material should be taken into account during verification of account of election expenses of a candidate. Hoarding, Flex boards containing election advertisement be treated as poster under 127A of RP Act and expenditure to be included to candidates account.
Star Campaigners List of Star campaigners to be submitted to CEO or the Commission within within 7 7 days days of of the EXPLANATION EXPLANATION 2 2 OF OF RP RP ACT, ACT,1951 1951) ) Travel expense of star star campaigners campaigners of of allied exempt CEILING- 40 CAMPAIGNERS FOR RECOGNIZED PARTY & 20 FOR REGISTERED PARTY. If the Star campaigner travels with the the travel travel expense expense will be added to the candidate If the candidate shares shares the Campaigner Campaigner or or his his photo photo or or poster exhibited in the meeting, then the meeting expense will be added to his account. the notification(U/S notification(U/S 77 77(I) (I) allied party party are not with candidate, candidate, then then 50 50% % of of the Pandal Pandal with poster with with the with his his name the Star name is Star
Star Campaigners All expenditure including lodging/boarding expenses of star campaigners in the constituency where they campaign for any candidate shall be included in the expenditure account of that particular candidate, provided that - a. The Star Campaigners/Campaigners campaigned for the candidate, and b. The Star Campaigners/Campaigners have incurred such boarding and lodging expenditure while remaining in a commercial hotel or lodge for the purpose of election campaign of the candidate irrespective of the fact whether the payment is made by such candidate or not. have actually
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