Puducherry Local Bodies Elections (Fixations of Ceiling on Election Expenses) Order, 2021.

Registered No. PY/44/2021-23 Registered with the Registrar of Newspapers for India under No. 10410 Amflºƒˆ \VWÈ ∂´E>µ La Gazette de L' État de Poudouchéry The Gazette of Puducherry

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No. 150 Poudouchéry Jeudi 12 Août 2021 (21 Sravana 1943)

No. Puducherry Thursday 12th August 2021

STATE ELECTION COMMISSION, PUDUCHERRY

No. 1-5/SEC/Civic Elections/Expenses/2021.

Puducherry, dated 11th August 2021.

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;

Whereas, with a view to ensure that 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 judgement and rational thinking of the common electors with the ostentatious use of money power placing the candidates with lower financial resources at a distinctly disadvantageous position;

[ 1927 ]LA GAZETTE DE L'ETAT [ PART-I 1928 1928 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.— (a) This order shall be called the Puducherry Local Bodies Elections (Fixations of Ceiling on Election Expenses) Order, 2021.

(b) It shall be applicable to all elections held under the superintendence, direction and control of the State Election Commission, Puducherry.

(c) It shall come into force at once.

2. Election Expenses.— (a) 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.

(b) The account of election expenses to be kept by a candidate or his election agent shall be in the format at Appendix-I.

(c) 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.

(d) 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-

(i) the date on which the account has been lodged ;

(ii) the name of the candidate ; and

(iii) The time and place at which such account can be inspected. The enquiry may be completed within ten days of submission.

(e) 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

. . ` 25,000 (b) For election as President of a Village Panchayat

. . ` 2,50,000 (c) For election as Member of Commune Panchayat Council

. . ` 3,20,000 (d) For election as Councillor of Municipal Council

. . ` 3,20,000 (e) For election as Chairman of Municipal Council in respect of the Municipalities:-

(i) Pondicherry Municipality

. . ` 30,00,000 (ii) Oulgaret Municipality

. . ` 35,00,000 (iii) Karaikal Municipality

. . ` 14,00,000 (iv) Mahe Municipality

. . ` 10,00,000 (v) Yanam Municipality

. . ` 10,00,000PART-I ] LA GAZETTE DE L'ETAT 1929 (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, 2012 is repealed.

ROY P THOMAS,

State Election Commissioner, Puducherry.

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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 of nomination

:

5. Date of Declaration of Result

:

DECLARATION

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.

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APPENDIX - II

Register of Account of Election Expenses

Total: `. ………………… Signature of the Candidate.

————

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