Election Expenditure Monitoring in Karnataka State Legislative Assembly Elections
Presentation on the impact of money power in elections, the objective of election expenditure monitoring, legal provisions, machinery involved, role of expenditure observers, and focus areas for monitoring. Details on cases of rescinding elections due to detected money use, types of election expenditure, and relevant legal provisions.
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General Elections to the Legislative Assembly of State of Karnataka Presentation by AJAY BHADOO Dy. Election Commissioner 1
Part A : Election Expenditure Monitoring 2
Outline of the Presentation Impact of Money Power 1. 2. Objective of Election Expenditure Monitoring 3. Legal Provisions 4. Election Expenditure Monitoring Machinery 5. Role of Expenditure Observer in Election Expenditure Monitoring 6. 3 visits by Expenditure Observer and their role in each visit 7. Focus Areas for Expenditure Observer in Election Expenditure Monitoring 3
Impact of Money Power Uneven playing field and lack of fair competition. Long term detriment to public policy and governance. Tainted governance and Rule of Law undermined. Excessive, illegal & illegitimate expenditure in elections is one of the root causes of corruption and an assault on our democracy and polity. 4
Rescinding of Election on Detection of Use of Money in Polls PC/AC Year Facts Cash of 11.48 Crore seized in gunny bags by IT Department. 8-Vellore PC, Tamil Nadu 2019 Truck carrying goods worth 95 lakh, thousands of EPIC, photo voter slips seized by a Flying Squad. 154-Rajarajeswari AC, Karnataka 2018 18,80,700/- and various items such as lamps, T-shirts, silver plates, mobile phones and sarees seized, 35 FIRs filed. Seizure of 4.77 crores cash, sarees & dhotis worth 1.30 crores. 11-Dr. Radhakrishnan Nagar AC, TN 2017 134-Aravakurichi AC, Tamil Nadu 2016 Cash worth 20 Lakhs seized, FIR filed. 174-Thanjavur AC, Tamil Nadu 2016 5
Types Of Election Expenditure Election expenditure can be broadly classified into two types Illegal expenditure [Distribution of money, gifts, liquor or any other item to electors and expenditure on Paid News] Legal Expenditure [public meetings, posters, banners, vehicles etc.] Such expenditure should be accounted. Ceiling - Rule 90 of the CE Rules, 1961 Assembly Constituency - 40 lakhs for Karnataka. Such type of expenditure by candidates needs to be stopped 7
Legal Provisions Representation of the People Act, 1951 Conduct of Elections Rules, 1961 Instructions of the ECI Indian Penal Code, 1860 Income Tax Act, 1961 8
PROVISIONS under the RP Act, 1951 Number Campaigners (Sec. 77(2)) of Star Account Expenses and maximum thereof (Sec. 77 (1)) A separate and correct account of all election expenditure. of Election Expenses Campaigners (Sec. 77 (1)) of Star exempt Expenses on account of travel by air or by any other means of transport for propagating programme(s) of the Political Parties shall not be deemed to be election expenditure. For recognized parties- 40 persons. For unrecognized parties - 20 persons. Within a period of 7 days from the notification, names of the Star campaigner communicated to the ECI and CEOs of the States. Between nomination till the date of declaration of results. date of date of to be 9
PROVISIONS under the RP Act, 1951 Disqualification for failure to lodge account of election expense (Sec 10A ) Lodging of Account with District Election (DEO) (Sec 78) Officer Account of candidate to be lodged with DEO within 30 days from the date of declaration of result. Election disqualify a candidate for a period of three years for failure to lodge an account of election expenses within manner required provided the candidate has no good reason or justification for such failure. Commission can time by and law 10
Expenditure Monitoring Machinery Expenditure Observer (EO) Asst. Expenditure Observer (AEO) Flying Squads and Static Surveillance Teams (FS and SST) Video Surveillance Teams (VST) Video Viewing Team (VVT) Accounting Team Excise team Media Certification and Monitoring Committee 11
To do list: First visit of Expenditure Observer Ensure AEOs and monitoring teams are properly trained by DEO and you. Ensure proper preparation and equipping of various expenditure monitoring teams with relevant registers/formats. Conduct a meeting with DEO, SP, District Nodal Officer of Income Tax, State Excise and other District Nodal Officers of enforcement agencies. Ensure that the rate chart is notified by the DEO and is ready to be provided by the RO to prospective contesting candidates, political parties and expenditure monitoring teams. Any objection on rates have to be addressed appropriately by the DEO. 12
To do list: First visit of Expenditure Observer..contd Ensure Expenditure Register is ready for providing to all prospective candidates. Ensure that DEO has held meeting(s) with all political parties and has provided them copies of Expenditure Instructions. Timely filing of Annexure B2 Observer s report No 1 . 13
To do list: Second visit of Expenditure Observer Fixation of dates for inspection of candidates election expenditure register. Obtain daily activity report/feedback from the DM, SP and Income Tax Department, Excise for keeping surveillance on distribution of cash, liquor and other goods. Ensure that candidates are apprised of the procedure of Expenditure Monitoring by Expenditure Observer. Ensure Banks are reporting suspicious cash withdrawals to DEOs and it is analysed. Ensure that seizure of cash exceeding 10 lakh is being reported to Income Tax Department by Flying Squad (FS)/Static Surveillance Team (SST)/Police. Returning Officer and 14
To do list: Second visit of Expenditure Observercontd.. Ensure that the seized cash/goods are linked to election expenditure. More FSTs and SSTs with CAPF should be placed in Expenditure Sensitive Constituencies, Expenditure Sensitive Pockets along with 24x7 check-posts during the last 72 hours before poll. For Expenditure Sensitive Constituencies (ESCs), more AEOs should be provided. Ensure suspect cases of paid news case are referred to District Level MCMC. Ensure Shadow Observation Register and Folder of Evidence are being properly maintained. Ensure entry of expenditure meetings/rallies/procession in Shadow Observation Register of the candidate concerned. of all major public 15
To do list: Second visit of Expenditure Observercontd.. Ensure monitoring of liquor production/distribution reports during election period, especially in ESPs. Ensure that all ostentatious expenditure like marriage/group marriage ceremony, are reported to DEO/Income Tax Department. Ensure VST, Accounting Team and Media Monitoring Team are getting copies of permissions granted by concerned authorities for expenses such as vehicles, public meetings, rallies and processions. Ensure C-Vigil Android App is effective from complaint registration to resolution. Submit Expenditure Observer Report II and III. 16
Inspection Of Accounts Candidates are required to maintain their Day-to-Day accounts and produce them for inspection 3 times before the Expenditure Observer (EO). The RO will notify 3 dates & timing well in advance in consultation with EO for such inspection. Gap between the two inspections should not be less than 3 days. A candidate can have a separate agent for election expenses. 17
To do list: Third visit of Expenditure Observer Attend Account Reconciliation Meeting to be organised by DEO on 26th Day to declaration of election results. Attend District Election Expenditure Monitoring Committee (DEMC) meeting to resolve the issues of account lodged by contesting candidates. Help the DEO in timely preparation of candidate-wise DEO s Scrutiny Reports. Scrutinize DEO s Scrutiny Report and counter-sign at designated place. Submit Expenditure Observer Report IV. 18
Focus areas: 1. Accounting of publicity of criminal antecedents In pursuance of SC Order (reference: WP(C) No.536 of 2011) and press release by Commission dated 11.09.2020, timeline for publicity has been given) -candidates as well as the political parties, regarding candidates nominated by them, will publish the details of criminal antecedents. Publicity- 3 times: Timelines Third publicity: From 9th day till the last day of campaign, i.e. two days before the poll First publicity: Within first 4 days of last date of withdrawal Second publicity: Within 5th to 8th day of last date of withdrawal 19
Focus areas: 2. Visit in ESPs and Monitoring of flow of liquor, drugs, cash Visits to expenditure sensitive pockets and contribute to stepping up of enforcement agencies in such areas. Have route maps of passage of liquor, drugs, cash from the agencies for closer monitoring. Conduct an analysis of places where high number of seizures of cash/liquor were made in previous two elections, and ensure that special vigil is maintained. Interact with District Excise Authorities regularly for effective action against flow of liquor meant for vitiating electoral process. Ensure close monitoring of sensitive liquor shops as per guidelines in compendium and extant laws. 20
Focus areas: 3. Activities related to Accounts of Candidates Shadow Observation Register to be maintained neatly and cross- referenced with evidence. Issuance of notice on the same day by Returning Officer in cases of discrepancies observed during inspections. Despite notice by the Returning Officer (RO) if the account is not getting inspected then, FIR to be filed by RO. Ensure that there is decent publicity for dates of inspection and the account details are properly displayed. Educate and guide candidates to avoid minor defects like routing the expenses through separate bank account, expenditure over 10,000/- to be incurred through banking channels, vouchers to be signed, etc. 21
Focus areas: 4. Activities related to Proactive engagement with enforcement agencies Ensure proper seamless coordination happens among various agencies including Income Tax, Police, CGST/SGST, State Excise, DRI, NCB, BSF, Railway, Coast Guard, Postal Department, SLBC etc. Ensure quick flow of communication amongst agencies for increased deterrence. Regular follow-ups with district level officers from enforcement agencies. In the constituencies having inter state border, the EOs to also coordinate with border district and agencies. 22
Focus areas: 5. Flying Squads and static surveillance teams 3 or more Flying Squads (FS) and Static Surveillance Teams (SST) in each Assembly Constituency FST-More in Expenditure Sensitive Constituencies (ESCs), if required SST- required at Expenditure Sensitive Pockets (ESPs) Headed by a Magistrate (Adequate numbers/ gazette notification)-To be appointed by the DEO Video Recording- provision of video cameras and trained personnel for recording. GPS enabled vehicles/ Mobile tracking (C-Vigil App) 23
Seizures in last five general elections (in Crores) States Cash Liquor Narcotics Precious Metals Freebies Total (2022/23) Total (2017) Tripura 3.45 3.20 26.82 3.41 8.56 45.43 1.79 Nagaland 6.30 5.09 32.87 0.00 5.76 50.02 4.30 Meghalaya 8.71 2.62 33.25 0.91 28.69 74.18 1.16 Gujarat 31.92 16.40 540.63 36.51 176.39 801.85 27.21 Himachal Pradesh 20.61 19.13 1.23 15.85 0.42 57.24 9.03 24
Seizures in 2022 (in Crores) States Cash Liquor Narcotics Precious Metals Freebie s/Other Items Total (2022) Total (2017) 103.56 62.13 193.29 48.48 40.71 94 348.88 Uttar Pradesh 4.37 4.75 6.85 5.39 4 0.3 18.81 Uttarakhand 6.14 0.73 143.78 6.42 12.17 7.42 170.24 Manipur 33.79 36.79 89.64 376.19 60.54 3.6 510.91 Punjab 6.66 3.57 3.64 1.28 0.02 1.2 12.73 Goa 299.84 154.52 107.97 575.12 117.44 106.52 1061.57 Total 25
Increase in seizures- Analysis Possible because of active involvement of enforcement agencies. Possible because of proactive efforts taken by expenditure observers. Possible because of coordination amongst enforcement agencies where EO has to show leadership. Possible because of proper training, guidance and handholding done by you. Possible because of clues taken out of successful case studies. Possible because of momentum provided by you. 26
Expectations from Expenditure Observers Thorough reading of Expenditure Monitoring Compendium. The roles and duties assigned in each visit to be carried out diligently and pro-actively. Coordination with various enforcement agencies through district level nodal/nodal officers and monitoring them on daily basis. Monitoring the handling of complaints from C-Vigil pertaining to expenditure monitoring. Physical availability and access through mobile phones for citizens and stakeholders. 27
Expectations from Expenditure Observers Proactive reporting of sensitive cases/high end seizures to CEO/Commission. Priorities- Liquor, Drugs, Cash and freebies as inducements meant to vitiate electoral process. Visit to Expenditure Sensitive Pockets and monitor arrangements. 81 ACs have been classified as Expenditure Sensitive Constituencies (ESCs) and needs more monitoring. Enhances monitoring and surprise vigils during last 72 hours before the poll. Catalyse information sharing amongst agencies. Special monitoring to ensure proper checking of passengers and baggage in non- regular airports and helipads. Special monitoring of border areas as Karnataka has long borders. 28
Part B : Model code Of conduct 29
Model Code of Conduct (For the guidance of political parties & candidates) A set of norms evolved with the consensus of political parties and enforced by the ECI. Helps ECI to conduct free and fair elections. Main objective is to provide a level playing field for all parties and contesting candidates during the elections.
Key Provisions Part-I General Conduct: Criticism of political parties must be limited to their policies and programmes, past record and work. Following activities are prohibited: Using caste and communal feelings to secure votes, Criticizing candidates on the basis of unverified reports, Bribing or intimidation of voters, and Organizing demonstrations or picketing outside houses of persons to protest against their opinions. Part-II Meetings: Parties must inform the local police authorities of the venue and time.
Part-III Processions: If two or more candidates plan processions along the same route, organizers must establish contact in advance to ensure that the processions do not clash. Carrying and burning effigies representing members of other political parties is not allowed. Part-IV Polling day: All authorized party workers at polling booths be given identity badges. Badge should not contain the party name, symbol or name of the candidate. Part-V Polling Booth- Except the voters, no one to be allowed to enter polling station without valid pass/authority letter from ECI. Part-VI Observers: ECI to appoint observers to address candidate s problems regarding the conduct of the election.
Part-VII Party in power: Ministers must not combine official visits with election work or use official machinery for the same. Ruling party must avoid advertising at the cost of the public exchequer Ministers and other authorities must not announce any financial grants, or promise any construction of roads, provision of drinking water, etc. Other parties must be allowed to use public spaces and rest houses and these must not be monopolised by the party in power.
Part-VIII Election manifestos: Promise in election manifestos not a corrupt practice. ECI to ensure level playing field and to see that election process does not get vitiated. Purpose of election manifestos directly associated with election process. Election manifestos shall not contain anything repugnant to ideals and principles of constitution. Manifestos should reflect rationale for the promises and should indicate ways and means to meet financial requirement for it.
Enforcement Duration of application- Comes into operation with immediate effect after announcement of election schedule by ECI. Remains enforceable from date of announcement of election till completion of election process. Extent of Application-In case of General election to State Assembly- Entire State concerned Who are Covered- All Organization/ Commissions etc. funded wholly or partially by Central Government/State Government Committees/ Corporation/
Legal status MCC is not enforceable by law. However, certain provisions of the MCC have corresponding provisions in statutes such as IPC 1860, CrPC 1973 and RPA 1951. The following malpractices mentioned in MCC are listed as corrupt practices and electoraloffences in the IPC and the RPA, 1951:- Indulgence in any activity which may aggravate existing differences or create mutual hatred or cause tension between different castes and communities, religious or linguistic- a corrupt practice under Section 123 (3A) of RPA,1951.
Appeal to caste or communal feeling for securing votes and use of places of worship as forum for election propaganda- both a corrupt practice and an electoral offence under Section 123 (3) and Section 125 of RPA ,1951, respectively. Bribery to voters- both a corrupt practice and an electoral offence under Section 123 (1) of RPA, 1951 and Section 171B of IPC, respectively. Intimidation of voters- an electoral offence under Section 135A (C) of RPA, 1951. Impersonation of voters- an electoral offence under Section 171D of IPC. Canvassing within 100 meters of polling stations- an electoral offence under Section 130 of RPA, 1951.
Holding of public meetings during the period of 48 hours ending with the hour fixed for the close of the poll - an electoral offence under Section 126 (1) of RPA, 1951. Transport and conveyance of voters to and from polling stations - both a corrupt practice and an electoral offence under S 123 (5) and S 133 of RPA, 1951, respectively. Creating obstruction in or breaking up meetings and processions of one political party by workers of other parties OR creating disturbances at public meetings of one political party by workers or sympathizers of other political parties by putting questions orally or in writing or by distributing leaflets of their own party OR taking out processions by one party along places at which meetings are held by another party OR removing posters of one party by workers of another party is an electoral offence under S 127 of RPA, 1951. Serving or distributing liquor on polling day and during the forty eight hours preceding it- an electoral offence under S 135 (c) of RPA, 1951.
Broad areas of application of MCC MCC for Party in Power Visits- No minister will mix his official travelling with personal visit. No govt. official shall be called to attend any private meeting by the minister. The Ministers have been permitted to take one non-gazetted official to accompany them during their private visits to attend to urgent official work. The CEO shall be kept informed, in advance, of visits proposed to be undertaken by any minister(s) of the Central govt by the DEO. CEO shall communicate it to the Commission.
No arrangements on private meetings by Government servant. Expenses on private meetings/journeys will be borne privately. No honours at any official function on special occasions. Ban on use of official vehicles/pilot car for campaigning. PM is exempted from above restrictions. Meetings/Tours on emergent situations in Constituency allowed No sanction of grant/payment out of discretionary fund.
Announcement of Projects- Announcement of new project/programme/financial grant which have effect of influencing the voters is prohibited. Work projects already started on ground before MCC can continue after obtaining necessary sanction without reference to the Commission. Commission s prior approval needed for announcement of relief programmes. Emergency relief work can be taken.
Administrative Matters- Regular recruitment/promotion through UPSC/SSC allowed. Regular promotions on the basis of DPCs permitted Prior clearance for recruitment through non-statutory bodies required. Publicity No hoarding/advertisement at the coast of public exchequer, though there is no objection to publication of photographs/messages related to departed leaders.
MCC for Political Parties/Candidates in general Criticism of other policies/programmes/past record. No criticism of private life/unverified allegation No appeal to caste/communal feelings Corrupt practices like bribery, intimidation, impersonation, canvassing within 100 meters of polling stations, holding public meetings during the period of 48 hours, transport/conveyance of voters to and fro polling stations should be avoided No picketing/demonstration in front of houses of individuals No obstruction in meetings/processions organized by other parties. parties/candidates shall be confined to
Political Map with Neighbouring States Political Map with Revenue Divisions 45
STATE PROFILE Particulars Area (In square KM) Numbers 1,91,791 Population 2011 census 6,10,95,297 Revenue Districts Election districts No. of Sub divisions No. of Taluks 31 34 53 233 Total 28 SC 5 ST 2 Parliamentary Constituencies Assembly Constituencies Polling stations 36 15 224 58,282 Polling station Locations 40,642 46
ELECTORAL PROFILE Electors Final Rolls Final Roll 2018 Final Roll 2023 Total Electors 4,96,56,059 5,14,81,281 2,59,19,494 Male Electors 2,51,79,219 Female Electors Transgender Electoral Gender Ratio EP Ratio PwD Electors Service Voter 2,44,72,288 4,552 2,55,57,141 4,646 972 72 986 68.05 2,15,880 27,908 5,13,296 47,779 3,010 Overseas Electors 6 47
Additions, Deletions and Modifications during SSR 2023 Particulars Male Female Others Total Deletions 16,14,000 17,16,830 Modifications 4,34,774 3,63,033 Additions 11,05,079 12,55,629 477 129 687 33,31,307 7,97,936 23,61,395 Deletions with reasons Total Deletions Expired Shifted Repeated Others PSE 6,74,723 9,44,023 95,323 16,971 16,00,267 33,31,307
GAPS IDENTIFIED AND PROGRESS MADE Continuous Updation 2023 (as on 03.03.2023) 2022 Final Roll 2023 Draft Roll 2023 Final Roll Particulars Total Electors 5,25,07,724 5,08,53,845 5,14,81,281 5,21,73,579 Male Electors 2,64,60,225 2,56,39,736 2,59,19,494 2,62,42,561 Female Electors Others Young Voters (18-19yrs) 2,60,42,784 2,52,09,619 2,55,57,141 2,59,26,319 4,715 4,490 4,646 4,699 4,01,924 2,66,418 7,07,488 9,15,946 Ratio of Young Electors to Total Electors 0.76 0.52 1.37 1.70 Total Electors Gender Ratio 984 983 986 988 Young Electors Gender Ratio 720 763 807 819 EP Ratio 70.76 67.22 68.05 68.79 PwD Electors 4,30,120 4,61,384 5,13,296 5,55,073 49
Special focus on Electors in the Marginalized Sections Final Roll 2023 Total number Category of marginal groups Enrolled 1,00,834 1,00,834 Sex Workers as per SACO/NACO PVTGs (Total: 46,852 18+ : 30,517) 30,517 30,517 PwDs (Total: 9,34,000 as per UDID - 18+: 6,53,800 as per UDID) 6,53,800 5,13,296 (Marked in final E roll) 42,756 41,312 Transgender 50
