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Raipur, the l2th June 2019

TIIE ELECTION DGENDITURE (MAINTENANCE AND LODGING OF ACCOUNT) ORDE& 2OI9 No' F-⁶⁸-l/Three(Two)N.P./E -E.M.L.A.l²⁰lg/⁷⁵⁰. - Whereas the superintendence, direction and control of all elections to Minicipalities in the State of chhatttisgarh are vested in the state Election Commission by the Constitution of India;

AND' WHEREAS, section l4-A of the chhattisgarh Minicipal corporation Act, 1956 (No.

lities Act, ¹⁹⁶¹ (No. 37 ofl96l) cast an obligation on every candidate at an election of Mayor of a Municipal corporation or president of a Minicipal council or a Nagar Panchayat, as the case may be, to keer a separate and correct account of all expenditure in connection with the election incurred or authorized by him or by his election agent with such particulars as may be prescribed by the State Election commission;

AND' WHEREAS, section 14-B of the Chhattisgarh Municipal Corporation Act, 1956 (No. ²³ of ¹⁹⁵⁶) and section ³²-B of the chhattisgarh Municipalities Ac! 196l (No. 37 ofl96l) cast another obligation on very contesting candidate at an erection of Mayor of a Municipal corporation or President of a Municipal council or a Nagar panchayat, as the case may be, to lidge within thirty days from the date of election, with the officer notified by the state Election Commission of his election expenditure ;

AND' WHEREAS, the State Election Commission is deeply aware of the pernicious role of money power in elections and deems it necessary and expedient to curb it, interalia, by ensuring that the account of election expenditure to be lodged by a candidate is, as far as possible, comprehensive and reflective ofthe actual expenditure ;

the Election Expenditure (Maintenance and Lodging of Account) order, 2019.

- 2. Definations and interpretation- In this order, unless the context otherwise requires,

(a) 'Act'means the Chhattisgarh Municipal Corporation Act, 1956 (No. 23 of 1956) or the chhattisgarh Minieipalities Act, 1%1 (No.37 of 1%l), asthe casernaylre;

(b) 'Candidate' means a person who'has been duly nominated as a candidate at an election to the office of Mayor of a Municipal Corporation or President of a Municipal Council or a Nagar Panchayat ;

(c) 'Sub-paragraph'means a sub-paragraph of the paragraph in which the word occurs ;

(d) 'Paragraph' means a paragraph of this order ;

(e) 'Election' means an election to the office of Mayor of a Municipal Corporation or President of a Municipal Council or Nagar Panchayat ;

(0 'Contesting candidate'means a person who has been duly nominated as a cacdidate at an eletion to the office of Mayor of a Municipal Corporation or President of a Municipal Council or Nagar Panchyat and who has not withdrawn his candidature within the period specidied in the election rules ;

(g) 'Election expense'means any expenditure incurred or authorizedbya candidate or his election agent in connection with an election during the peiod between the dates on which he has been nominated and the date on which result thereof has been declared (both days inclusive) ;

(h) 'Proforma'means a'Proforma' appended to this Order ;

(i) The words and expressions used, which have bot been defined in this Order shall carry the meaning assigned to them in the Chhaffisgarh Municipal Corporation Act, 1956 (No. 23 of 1956) or the Chhattisgarh Minicipalities Act, 1961 (NO. 37 of 196l) or the Chhattisgarh Nagarpalika Nirvachan Niyam, 1994, as the case may be.

3. Particulars of account of election expenditure-

3.1 The account of election expenditure to be kept by a candidate or his election agent under the Act shall contain the following particulars in respect of each item of expendifure, namely:-

Proforma-A :- Register of day to day account of election expenditure

(1) date on which the expenditure was incurred or authorized ; (2) nature of expenditure (item) -

(D paffern of expenditure (For example vehicle, printing, meal etc.) ; (ii) quantity; (iii) per unit rate ;

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(3) amount of the expenditure (In Rupees) -

(i) amount paid ; (iD amountoutstanding;

(+) for amount paid -

(i) name and address of payee ; (ii) date and serial number of vouchers of amount paid ;

(5) for amount outstanding -

O name and address of person to whom the amount outstanding is payable;

' (ii) date and serial number of bill of amount ;

(6) amount incurred/authorized by candidate or his election agent ; (7) amount incurred/authorized by political party and name of political party ; (8) amount incurred/authorized by other individual/partylinstitute/association lbodylany other (mention full name and address) ;

(9) remarks, if any.

Proforma-A-l :- Cash Register for Maintenance of Day to Day Election Expenditure (1) receipt -

(i) date; (ii) name and address of other individual/partylinstitute/association/ body/any other from whom the amount received ;

(iii) receipt no. ; (iv) amount;

(2) payment -

(i) name and address of payee ; (ii) serial no. and date of receipt ; (iii) nature of expense ; (iv) amount; (3) for amount outstanding -

(i) place at which or person with whom the balance is kept (if cash is kept atlwith more than one place/person) mention name and amount outstanding;

(4) remarks, if any - any expenditure mentioned in colomn (7) of this table and not mentioned in colomn (2) of proforma-A should be clarified here.

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Proforma-A-2 :- Bank Register for Maintenance of Day to Day Election Expenditure (l) receipt -

(D date; (iD name and address of individual/partylinstitutelbody/any other from whom the amount received;

(iiD cash/cheque no., bank name and branch; (iv) amount;

(2) payment -

(i) name and address of payee ; (ii) cheque no.; (iii) nature of expense ; (iv) amount; (3) for amount outstanding -

(i) place at which or person with whom the balance is kept (if cash is kept atlwith more than one place/person) mention name and amount outstanding;

(4) remarks, if any - any expenditure mentioned in colomn (7) of this table and not mentioned in colomn (2) of proforma-A should be clarified here.

3.2 A voucher shall be obtained for every item of expenditure unless from the nature of the case, such as postage, travel by rail and the like, it is not practicable to obtain a voucher.

3.3 It shall not be necessary to give the particulars, mentioned in item 2 (i) of proforma- A-1 and Proforma-A-2, in regard to items of expenditure for which vouchers have not been obtained under sub-paragraph (3.2).

3.4 Compulsorily a bank account shall be open on a day before from date of filing of nomination paper. All election related expenditure shall be made from this account.

Likewise all receipt related to election shall be deposited in this account.

4. Manitenance of day of day account of election expenditure- (l) the account of election expenditure shall be maintained by a candidate or his election agent from day to day, in a register in Proforma-A, Proforma-A-l , Proforma-A-², which shall be supplied to him by the Returning Officer immediately after his nomination.

(2) The particulars of every item of receipUexpenditure shall be entered in the register referred to in sub-paragraph (1), from day to day in the same chronological order in which the expenditure is incurred or authorised and the vouchers or bills relating to the expediture shall be maintained along with the register.

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5. Production of the record of day to day accout of election expenditure for inspection-

(1) The register of day ot day account of election expenditure together with the supporting vouchers and bills shall be produced for inspection at any time during the process of election, by the candidate or his election agent, on demand by the Returning Officer, the District Election Officer or an Obseryer or Officer authorised by the Election Commisssion in this behalf, forthwith and failure to do so shall be deemed to be a major default on the part of the candidate to comply with this order.

(2) Inspection of Register for election expenditure (Proforma-A, Proforma-A-l, Proforma-A-2) for Municipal Corporation/IVlunicipal CouncilAtragar Panchayat should be done serially. During election process register for expenditure of candidate should be inspected twice. It should be compulsory to produced register for inspection frstly, within four days from the date of withdrawl of candidature and secondly, before two days from the poll day. Apart from above if District Election Officer/Returning Officer/Observer consider necessary, then, he may issue direction to any candidate for the inspection of register for election expenditure.

6. Abstract statement of election expenditure- Soon after declaration of the result of election every contesting candidate or his election agent shall prepare an abstract statement of election expenditure in part-l information related to candidate, in part-2 abstract of election expenditure of candidate, in part-3 abstract of sources of amount of expenditure made by candidate of Proforma B, clearly showing the total expenditure on various items listed therein.

⁷ . Lodging of the account of election expenditure- ( 1) Every contesting candidate or his election agent shall lodge the account of election expenditure with the District Election Officer, within the time specified in the Acf that is, thirty days from the date of election.

(2) The account of election expenditure shall comprise the following documents, namely:-

(a) the register of day to day account of election expenditure referred to in paragraph 4 in original,

(b) vouchers related to the entries made in the register Proforma-A, Proforma-A-I, Proforma-A-Z of election expenditure, and

(c) abstract statement of election expenditure, referred to in paragraph 6. (3) The register of day to day account of election expenditure and the abstract statement of election expenditure shall be authenticated ans countersigned by the candidate in case they have been prepated and signed by his election agent and the vouchers shall also be countersigned by him, before being lodged.

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(4) The account of election expenditure shall be accompanied by an affidavit of the, candidate in proforma-C and shall not be regarded as complete without such an affidavit.

8. Notice by District Election Officer for inspection of account- The District Election Officer shall, within two days from the date on which the account of election expenditure has been loged by a candidate under Paragraph 7 cause a notice to be affixed to his notice board, specifying -

(a) the day on which the account has been lodged :

(b) the name of the candidate, and

(c) the time and place at which such account can be inspected.

9. Inspection of account and the obtaining of copies thereof- Any person shall, on payment of a fee of ten rupees be entitled to inspect any such account and on payment of such fee iN may be fixed by the Election commission in this behalf, be entitled to obtain attested copies of such account or any part thereof.

10. Report by the District Election Officer as to the lodging of the account of election expenditure and the decision of Election Commission thereon- (l) As soon as may be after the expiration of the time specified in the Act for the lodging of the account of election expenditure the District Election Officer shall send a report to the Election Commission about every contesting candidate, on the following points :-

(a) The name of the contesting candidate with full postal address ;

(b) Whether such candidate has lodge his account of election expenditure and if so, the date on which such account has been lodge ; and

(c) Whether in his opinion such account has been lodged within the time and in the manner required by the Act and this Order.

(2) Where the District Election Officer is of the opinion that the account of election expenditure of any contesting candidate has not been lodge in the manner required by the Act and his Order, he shall with every such report forword to the Election Commission the account of election expenditure of that candidate.

(3) Immediately after the submission of the report referred to in sub-paragraph (1) the District Election Officer shall publish a copy thereof by affixing the same to his notice board.

(4) soon as may be after the receipt of the report referred to in sub-paragraph (1) thd .As

Election Commission shall consider the same and decide whether any contesting candidate has failed to lodge the account of election expenditure within the time and in the manner required by and Act and this Order.

(5) Whether the Election Commission decides that a contesting candidate has failed to lodge his account of election expenditure within the time and in the manner required by and Act and this Order, it shall by notice in writing call upon the candidate to show cause why he should not be disqualified under section 14-C of the Chhattisgarh Municipal Corporation Act, 1956 (No. ²³ of ¹⁹⁵⁶) or section ³²-C of the Chhattisgarh Municipalities Act, 196l (No. 37 of 196l), as the case may be, for the failure.

(6) Any contesting candidate who has been called upon to show cause under sub- paragraph (5), may within fifteen days of the receipt of such notice submit in respect of the matter a representation in writing to the Election Commission and shall at the same time send to the District Election Officer a copy of his representation.

(7) The District Election Officer, within five days of the receive thereof forword to the Election Commission the copy of the representation with such comments as he wishes to make thereon.

11' Power of Election Commission to issue instruction and directions- The Election commission may issue appropriate instructions or directions -

(a) for the clarification of any provision of this Order ;

(b) for the removal of any difficulty which may arise in relation to the implementation of any such provision ; and

(c) for any special situation to which, there is no provision or existing provisions in this Order are insufficient and in the opinion of the Election commission, it is necessary, to issue such instructions or directions.

(Thakur Ram Singh) State Election Commissioner Chhattisgarh

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Proforma-A REGISTER OF DAY TO DAY ACCOLTNT OF ELECTION DGENDITURE ELECTION OF MAYORIPRtrSIDf, NT

l. Name of the candidate with full postal address

2. Name ofthe political party

Amount of Expenditure

Nature of Expenditure (item)

(In Rupees) ln case ofamount paid Date of Expenditure /event

Paid

Quanti$

Outstanding

Pattem of expenditure

Per unit rate

Narne and address ofpayee

Date and serial No. ofVoucher (l)

(3)

(4)

(s)

{2)

(6)

(7)

(E) Certified that this is a true account kept by me/my election agent under section l4A of 1961

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,l 3. Municipalcorporation/IVlunicipalcouncil/\ragarpanchayat

4. District

ln case of amount outstanding

amount incurred/

authorized

Remarks Date and serial No. of Bill

by candidate or his election

amount incurred/authorized by other individual/party/institute/ association /body/any other (mention full narne and address)

Name and address of person to whom the anount outstanding is payable

agent

amount ineurred/ authorized by political party and name of political party

(e)

(10)

(11)

(12)

(13)

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Proforma-A-1 Cash Register of Day to Day Election Expenditure

l. Narne oft$€ candidate with flrll postaladdress .'.:...........

2. Name of the Political Party

(from tho date of nomination to the date of declaratoion of result of election, both dates inclusive)

Receipt

Date

Name and address of other individuaVparty/institute/association

Receipt No. Amount

Name and Address of Payee /body/any other from whom the amount received

(3) (4) (5) {{^{{FOOTNOTE (1)}}}}

(2\

Certified that this is a true account kept by melmy election agent under section 14A of ¹⁹⁶¹

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3. MunicipalCorporation/MunicipalCouncilA{agarPanchayat

from which contested

4. District

5. Name and Address of Election Agent

Chhattisgarh Municipal Corporation Act, 1956 and section 32A of Chhattisgarh Municipality Act,

Signature of the Candidate

Proform a-A-2' i' Bank Register for Day to Day Election Expenditure

1. Name of the Candidate

2. Name of the Political Party

3. MunicipalCorporation/MunicipalCouncil/Nagarpanchayat

from which esntested

(from the date of nomination to the date of declaratoion of result of election, both dates inclusive)

Certified that this is a true account kept by me/my election agent under section l4A of

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4. Date of Declaration of Result

5. Name and Address of Election Agent

6. Name of Bank

7. Branch Address

8. Account No.

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Signature of the Candidate

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ABSTRACT STATEMENT OF ELECTION EXPENDITURE

ELECTION OF MAYOR/PRESIDENT

Part-l - Information related to candidate

1. Name and full address of the candidate

2. Name of the Municipal Corporation/Municipal CouncilA.lagar Panchayat ... 3. District 4. Date of election 5. Name and address of election agent 6. If candidate is set-up by political party then name of political party .

7. Whether political party is arecognized party

Part-2 - Abstract of election expenditure of candidate

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Certified that this is a complete and correct statement of item wise election expenditure incurred or authorized by me or my election agent, at the election mentioned above.

Signature of the Contesting Candidate

442 {32) udslr€ ilqrd, m*, I 2,qr ²⁰ I e

Proforma-C BEFORE TT{E DISTRICT ELECTION OFFICER, DISTRICT

AFFIDAVIT

I ... ... ... Son/wife/daughter of . .. aged .. ... years rlo ... ...... do hereby.

Solemnly and sincerely state and declare as under :-

1. That I was a contesting candidate at the election to the office of Mayor/President of the Municipal Corporation/lVlunicipal CouncilA.{agar panchayat ......... the result of which was declared on .

2. That VMy election agent kept a separate and correct account of all expenditure in connection with the above election incurred or authorized by me or by my election agent between .. (the date on which I was nominated) and the date of declaration of ttie result thereof, both days inclusive.

3. That the day-to-day account of all election expenditure was maintained in the register prescribed and supplied by the State Election Commission for the purpose and the same is annexed hereto, with the supporting vouchers/bills mentioned in the said account.

4. That the account of my election expenditure as annexed herto includes all items of election expenditure incurred or authorized by me, by my election agent, by political party who set-up me, by other organization/bodies of persons who supported me and by other individuals nothing has been concealed or withheld/suppressed./omitted there from.

5. That an Abstract Statement of Account of all election expenditure has been prepared in the proforma prescribed by the Stat€ Election commission for the purpose and a true copy thereofis annexed hereto.

6. That the statement in the foregoing paragraph I to 5 are true to my personal knowledge, that nothing is false and nothing material has been concealed or withheld or suppressed or omitted.

Deponent

... at (place)

Solemnly affirmed/sworn by this day of . . -. .. ......:>. before me.