No.B.12021/1/2023-SEC/CADC/34 : Dated Aizawl, the 17th April, 2023
To,
The Deputy Commissioner
&
District Election Officer,
Lawngtlai District, Lawngtlai.
Subj :- Daily accounts of election expenditure to be maintained by contesting candidates in prescribed Register.
Sir,
I am directed to state that as provided under Rule 188 of the Chakma Autonomous District Council (Constitution, Conduct of Business, etc.) Rules, 2002 as amended, the Commission has devised a Register containing detailed format that is to be filled up and maintained on a continuous day-to-day basis by all contesting candidates and the abstract statement of the expenses giving detailed information about the expenses to be submitted by the candidates as a measure to curb and keep a check on the tendency towards excessive expenditure in electioneering during the General Election to Members of District Council under Chakma Autonomous District Council, 2023.
The Commission directs that the following instructions/guidelines on the issue of election expenditure shall be complied with by all concerned:-
1) Rule 188 of the Chakma Autonomous District Council (Constitution, Conduct of Business etc.) Rules, 2002 as amended read with Section 77 of the Representation of the People Act 1951 stipulates that every candidate at an election shall, either by himself or by his election agent, keep a separate and correct account of all expenditure in connection with the election between the date on which he has been nominated and the date of the declaration of the result thereof, both the dates inclusive.
2) Rule 189 further stipulates that every contesting candidate at an election shall, within sixty days from publication of the result of an election, lodge with the Returning Officer (RO), an account of the election expenses which shall be a true copy of all the accounts kept by him or by his election agent.
3) Even if a contesting candidate does not seriously contest the election for any reason whatsoever and incurs only a nominal expenditure on his security deposit, etc., he is required by law to lodge his account of election expenses.
4) The prescribed register is required to be maintained by the contesting candidates with supporting vouchers, bills, etc. arranged in a proper chronological order. An abstract Statement of Election Expenses should also be filled up by the contesting candidates.
5) The contesting candidates are further required to furnish an affidavit along with the “Register of day-to-day expenses” and “Abstract of Expenses”.
6) The prescribed register/forms/extracts of rules relating to lodging of returns of accounts of election expenses should be printed and made available to the contesting candidates.
7) The supporting vouchers of the day-to-day expenses should necessarily bear the signature in full of the contesting candidate or his election agent.
8) The Register, the Abstract of expenses has to be made available by the contesting candidates for inspection by the RO/Designated Officer (DO) thrice before the date of poll. However, it has to be ensured that there is a gap of about three days in between each inspection and the first inspection may be on or after the 3rd day from the last date of withdrawal of nominations.
9) If a candidate is contesting election for more than one Constituency, he is required to maintain and lodge a separate account of his election expenditure in respect of each such Constituency.
10) The accounts of the candidate will be scrutinized by the RO/DOs and he shall keep two photocopies of the relevant pages of the register. One copy of the relevant pages of the register shall be displayed on the notice board of the RO and the other copy will be retained in a separate file for each Constituency as proof of record with the RO and furnish to the DEO on conclusion of the whole electoral process.
11) Where a candidate does not produce the register containing his daily account of election expenses before the Observer/DOs, despite notice, the DEO shall cause a complaint to be lodged u/s 171-I of the IPC against the errant candidates.
12) Any person desiring a copy of these day-to-day accounts should be provided the same by the RO subject to the payment of usual copying charges.
13) The candidate, while maintaining their register of accounts of election expenditure, should also account for all expenditure including those incurred prior to the date of nomination for preparation of campaign materials, etc. which are actually used during the post nomination period in connection with the election.
14) All vehicles (including two-wheelers, motor-bikes, scooters, etc.) being used by the candidates for the election campaign are required to be lodged with the DEO.
15) The expenditure incurred by a political party on advertisements in connection with the election of a particular candidate or a group of candidates shall be treated as expenditure authorized by the candidates concerned and shall be accounted for in the election expenses of the candidates concerned. In cases where the expenditure is incurred by the political party for the benefit of a group of candidates, the expenditure is to be apportioned equally amongst the candidates.
16) The expenses on construction of barricades/rostrums etc. when done initially by the government agencies on account of security considerations on behalf of the party organizers are to be booked as expenditure of a candidate in whose constituency the said meeting takes place or to a group of candidates who are present at the time when the leader of a political party addresses such a meeting. In cases where there are more than one candidate of the political party present at the time of the said meeting of the “leader”, the expenditure will be apportioned equally amongst all, and the DEO shall obtain the final costs from the concerned government agencies within three days of the event and intimate to the candidates their private share of expenditure. This information will also be intimated to the RO.
17) Where the aforesaid expenditure are incurred from the organizer’s own funds, the same will be reflected in the accounts of the concerned candidates or a group of candidates present in the meeting of the leader.
18) One or two Designated Officer to inspect the Accounts of Election Expenditure in the prescribed register enclosed to be maintained by each candidate during the General Election to Members of District Council under Chakma Autonomous District Council, 2023 shall also be appointed.
19) It is reiterated that failure to produce this register, on demand, will be considered as a major default.
This may be brought to the notice of all concerned, particularly the contesting candidates, so that they are well aware of the penal consequences that they may have to suffer if they do not maintain the Register showing their election expenses and submit the same in time.
Kindly acknowledge receipt.
Yours faithfully,
Enclo: As above
Sd/- R. VANRENGPUIA
Deputy Secretary,
State Election Commission,
Mizoram.
Memo No.B.12021/1/2023-SEC/CADC/34 : Dated Aizawl, the 17th April, 2023
Copy to:-
1) Election Observer for information and necessary action.
2) Superintendent of Police, Lawngtlai.
Deputy Secretary,
State Election Commission.
Mizoram.
