Puducherry Local Bodies Elections (Fixation of Ceiling on Election Expenses) Order, 2012.

Registered No. TN/PMG(CCR)/42/2012-14

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No. 76 Poudouchéry Mercredi 10 Octobre 2012 (18 Asvina 1934)

No. Puducherry Wednesday 10th October 2012

STATE ELECTION COMMISSION

No. 1-5/SEC/Civic Elections/Expenses/2012/233.

Puducherry, the 10th October 2012.

ORDER

Whereas in democratic polity, elections are the medium through which

the nation not only elects its legislators and Members of Parliament but also elects its representatives to the Local Bodies viz., the Village Panchayats, Commune Panchayats and the Municipal Councils;

Whereas the cooperation of all the citizens be they voters, election agents, officers with election duties in various capacities and officers controlling the conduct of election at various levels, is absolutely indispensable if elections

are to be held in accordance with the laws governing them and the purity in elections is to be maintained;

Whereas with a view to maintain purity in these elections, it is essential

that only persons with integrity and desirable character contest and get elected as representatives to the Local Bodies;

[891]892 LA GAZETTE DE L'ETAT [PART - I Whereas the money power does not play any pernicious role in the field

of elections and the candidates with huge money resources do not sway or

cloud the judgment and rational thinking of the common elections with the

ostentatious use of money power placing the candidates with lower financial

resources at a distinctly disadvantageous position;

Now, therefore, in exercise of the powers conferred by Articles 243-K

a n d 2 4 3 - Z A o f t h e C o n s t i t u t i o n o f I n d i a r e a d w i t h s e c t i o n 9 A o f t h e

Pondicherry Village and Commune Panchayats Act, 1973, section 15A of the

Pondicherry Municipalities Act, 1973 and all other powers enabling it in this

behalf and in relation to holding of elections under these provisions under the

superintendence, direction and control of the State Election Commission,

Puducherry, the State Election Commission, Puducherry makes the following

order :–

1. Short title, extent, application and commencement.— (1) This order

shall be called the Puducherry Local Bodies Elections (Fixation of Ceiling on

Election Expenses) Order, 2012.

(2) It shall be applicable to all elections held under the

superintendence, direction and control of the State Election Commission,

Puducherry.

(3) It shall come into force at once.

2. Election expenses.— (1) 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 incurred or authorised by him or

his election agent between the date on which he has been nominated and the

date of declaration of the result thereof, both days inclusive.

(2) The account of election expenses to be kept by a candidate or

his election agent shall be in the format at Appendix-I.

(3) Every contesting candidate at an election shall, within thirty days

f r o m t h e d a t e o f d e c l a r a t i o n o f t h e r e s u l t o f t h e e l e c t i o n l o d g e w i t h t h e

Returning Officer, an account of election expenses which shall be a true copy

of the account kept by him.

(4) The Returning Officer shall make enquiry as to the genuineness

of the account submitted and thereafter cause a notice to be affixed to the

notice-board of his office, specifying,–

(a) the date 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.

The enquiry may be completed within ten days of submission.

(5) Any person shall on payment of a fee of ten rupees be entitled to

inspect any such account and on payment of a fee of two rupees per page be

entitled to obtain attested copies of such account or of any part thereof.

3. Maximum election expenses.— (1) The total of the expenditure incurred or authorised in connection with an election by a candidate shall not exceed the amount mentioned below :

`

(a) For election as Ward Member of a Village Panchayat . . 15,000

(b) For election as President of a Village Panchayat . . 1,50,000

(c) For election as Member of Commune Panchayat Council . . 2,00,000

(d) For election as Councillor of Municipal Council . . 2,00,000

(e) For election as Chairman of Municipal Council in

respect of the Municipalities—

(i) Puducherry Municipality . . 20,00,000

(ii) Oulgaret Municipality . . 20,00,000

(iii) Karaikal Municipality . . 8,50,000

(iv) Mahe Municipality

. . 6,50,000

(v) Yanam Municipality . . 6,50,000

(2) Any candidate, either by himself or by his election agent, who has exceeded the amount mentioned above and who has not kept a separate and correct account of all expenditure incurred in connection with the election

or fails to lodge the account of election expenses with the Returning Officer within the period of thirty days from the date of declaration of the result shall be punishable as per law.

4. Repeal.— The Puducherry Local Bodies Elections (Fixation of

Ceiling on Election Expenses) Order, 2006 is repealed.

UDDIPTA RAY, State Election Commissioner.

————

APPENDIX – I

REGISTER FOR ACCOUNT OF ELECTION EXPENSES

1. Name of candidate :

2. Ward No. and name of the Panchayat/

Council.

:

3. Name of political party, if the candidate

is a party candidate.

:

4. Date of filing nomination :

5. Date of declaration of result :

D E C L A R A T I O N

I, .......................................................................................... a candidate

at the above election do hereby declare that–

(1) I/my election agent kept a separate and correct account of all expenditure incurred in connection with the above election or

authorised by me or my election agent between the date of my n o m i n a t i o n a n d t h e d a t e o f d e c l a r a t i o n o f t h e r e s u l t t h e r e o f , both days inclusive.

(2) The said account was maintained in the register furnished by the Returning Officer for the purpose and the said register itself is annexed hereto with the supporting vouchers/bills mentioned in the

said account.

(3) The account of my election expenditure as annexed hereto includes all items of election expenditure incurred or authorised by me or by

my election agent and nothing has been concealed or withheld/ suppressed therefrom.

Encl.: Register with vouchers/bills.

Signature of the candidate.

————

ACKNOWLEDGMENT

The account of the election expenses in respect of ..............................

(name of Ward and name of Local Body) result of which was declared

on ................................................... (date) has been filed by him/on his behalf

on ........................ (date) has been received by me today, the ...................... (date)

of .......................... (month) .......................... (year).

Returning Officer.

P A R T

-

I ]

APPENDIX – II

REGISTER OF ACCOUNT OF ELECTION EXPENSES

Total ` ..........................................

Signature of the candidate

8 9 5