[891]
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;
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10 {
No.
76
Poudouchéry
Mercredi
10
Octobre
2012 (18 Asvina 1934)
No.
Puducherry
Wednesday
10th
October
2012
LA GAZETTE DE L'ETAT
[PART - I
892
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
and 243-ZA of the Constitution of India read with section 9A of the
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
from the date of declaration of the result of the election lodge with the
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.
PART - I]
LA GAZETTE DE L'ETAT
893
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
:
LA GAZETTE DE L'ETAT
[PART - I
894
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
nomination and the date of declaration of the result thereof,
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.
PART - I]
LA GAZETTE DE L'ETAT
895
APPENDIX – II
REGISTER OF ACCOUNT OF ELECTION EXPENSES
Date
Details of election
expenditure
By whom expense incurred
Candidate/Election Agent Political Party
Supporter
Total
Signature of
candidate
Remarks
Total ` ..........................................
Signature of the candidate
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
online publication at “http://styandptg.puducherry.gov.in”
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Directorate of Stationery and Printing
Puducherry-9