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Training for AEOs &
Accounting Teams On
Expenditure Monitoring for
Bellary Assembly Elections
2014
By
DEO & DC, BELLARY
2014.
Terminology
• AC= Assembly Constituency
• ERO= Electoral Registration Officer, normally the Assistant
Commissioner.
• AERO= Assistant Electoral Registration Officer, normally the Tahsildar
• EVM = Electronic Voting Machine
• MCC = Model Code of Conduct
• BLO = Booth Level Officers
• CPMF = Central Para-Military Force
• CBM = Confidence Building Measures
• DEO= District Election Officer, normally the Deputy Commissioner
• CEO= Chief Electoral Officer
• AEO= Assistant Expenditure Observer
• MCMC= Media Certification & Monitoring Committee
• SST= Static Surveillance Team
• VVT= Video Viewing Team
• AT= Accounting Team
• FS= Flying Squad
• ESC= Expenditure Sensitive Constituency / Candidate
• ESP= Expenditure Sensitive Pocket
CONTENTS of PRESENTATION
1. Election Related Laws, Rules &
Guidelines
2. Schedule Of Elections
3. Model Code of Conduct
4. Other Laws to ensure free, fair &
peaceful elections
5. MCC & Expenditure Monitoring
6. Security Law & Order
7. Conclusions
1. Election & Related Laws, Rules &
Guidelines
• A. Representation of People’s Act, 1950 & 1951
• B. Registration of Electors Rules, 1961
• C. Conduct of Election Rules, 1961
• D. Indian Penal Code
• E. ECI’s Compendium of Instructions
• F. Expenditure Monitoring Compendium
• G. Key Reading Materials: RO Handbook, PRO
Handbook, Guidelines To Candidates
• H. SVEEP Compendium
1. Election & Related Laws, Rules & Guidelines : A. Representation of People’s
Act
• RP Act 1950
– Provides for allocation of seats and delimitation of constituencies for election to
the Parliament, Assemblies and Councils, for the qualifications for elections and
preparation of electoral rolls
– In 5 Parts, 32 Sections
– Key Sections
• S13CC – Election related officers deemed to be on deputation to ECI
• S 16 to 23 – Preparation of Electoral Roll
• S 31 – Making False Declaration
• S 32 – Breach of Official Duty in preparation of rolls
• RP Act 1951
– Provides for conduct of elections, qualifications & disqualifications, action on
corrupt practices and disputes related thereto
– In 11 Parts, 171 Sections
– Key Sections
• S 5 to 11B – Qualifications & Disqualifications
• S 21 to 28A – RO, ARO, Presiding Officer, Polling Officers, duties responsibilities and
deemed deputation to ECI
• S 30 to 39A – Nomination Process
• S 40 to 51 – Candidates & their Agents
• S 56 to 67 – Poll process & Counting of Votes
• S 76 to 78 – Election Expenses
• S 123 – Corrupt Practices
• S 125 to 136 – Electoral Offences
1. Election & Related Laws, Rules & Guidelines: B. Corrupt Practices &
Electoral offences in the RP Act 1951 & IPC
• RP Act 1951
– S 123 – Corrupt Practices
• Bribery or Inducement to a person to contest or not and to vote or not in an election by candidate or
agent any person with consent of candidate or agent
• Undue influence to exercise or not to, an electoral right
• Appeal to vote or not to, on basis of religion, race, caste, community or language or on basis of
symbols thereof
• Promotion of feelings of enemity or hatred between citizens or classes of citizens on grounds of caste,
community, religion etc
• Publication of false statements on personal character or conduct of any candidate or to prejudice the
decision on disqualification
• Hiring or procuring of vehicle to transport any elector to and from polling station
• Incurring of expenditure not authorised U/S 77
• Procuring assistance of Government officials
• Booth Capturing
– S 125 – Promoting enemity
– S 126 – Public meetings prohibited 48 hrs before conclusion of poll
– S 127 – Disturbance or incitement at election meeting
– S 127A – Pamphlets, posters etc to be printed only with declaration of identity of printer
– S 128 – Secrecy of voting
– S 129 – Officials not to assist or influence elections
– S 130 – Prohibition of canvassing near polling station
– S 131 - Prohibition on disorderly conduct near polling station
– S 132 – Misconduct at Polling Station
1. Election & Related Laws, Rules & Guidelines: C. Corrupt Practices &
Electoral offences in the RP Act 1951 & IPC
• RP Act 1951 contd…
– S 133 – Hiring of vehicle for transporting voters
– S 134 – Breach of official duty in connection with elections
– S 134 B – Bar on going to PS armed
– S 135 – Removal of ballot paper/ EVM from PS
– S 135A – Offence of booth capturing
– S 135C – Distribution or sale of liquor barred upto 48 hrs before
conclusion of polling
– S 136 – Other offences like destruction of nomination paper,
defacement of any notice of RO, destruction of ballot paper or EVM, etc
• IPC
– S153A – Promoting enmity between groups on grounds of religion etc
– S171B to I – Penalties for electoral offences & corrupt practices
– S505 – Statements causing public mischief, promoting enmity
1. Election & Related Laws, Rules & Guidelines: E. Expenditure
Monitoring Guidelines
• Types
– Allowed (Limit Rs. 70 Lakhs) : IEC media, Vehicle Hire, Star Campaigners
• Reported
• Not Reported eg Paid News
– Dis-allowed
• Illegal eg Bribes in Cash / Kind
• Structure of Expenditure Monitoring
– Expenditure Observers & District Level MCC Team
• Expenditure Monitoring Cell – Nodal Officer : CAO, ZP & District Expenditure Team
• Assistant Expenditure Observers
– Accounting Team
• MCMC
• Complaint Cell
• AC Level Static Surveillance Team + Video Viewing Team
– Check Posts with Videographers
– Flying Squads With Executive Magistrates , Police and Videographers
– ESCan Follow Party with Police & Videographers
– Hobli Level Mobile Squads With Videographers
» GP Level MCC & Intelligence Gathering Team With Video
» Ward Level MCC & Intelligence Gathering Team
» Ward Level Wall Writing Removal Team
• MCMC
• Excise Nodal Officer
• IT Nodal Officer
Whats
New
3. Model Code of Conduct : General
• General Conduct
– Avoid aggravating divisive feelings
– No personal criticism
– No appeal to caste/community/religion
– No corrupt practices
– No intimidation or disturbance of peace
– No using places of worship for any election propaganda
• Meetings & Processions
– Prior police permission for meeting, procession & loudspeakers
– No violation of restrictive orders
– Maintain peace
– No effigies
• Poll Day
– No inducements, propaganda, intimidation
– No unauthorised entry into poll booth
– Not take law into hands, complain to observors
• Party in Power
– Not combine official visit with electioneering
– Not use government vehicles for campaign
– Not monopolize public places and Government Rest Houses
– Not advertize at the cost of govt
– No new scheme announcement, inaugurations, appointments, promises
3. Model Code of Conduct : Preventive Measures
• Preventive Orders:
– Ban on Processions with more than 300 persons
– Ban on Bike Rallies
– Ban on bursting crackers & Victory Processions
• Rounding up of known criminals & goonda elements by police
• Bonds to maintain peace from known trouble makers u/s 107 CrPC
• Bonds from suspicious characters u/s 109 CrPC
• Review by SP of all pending cases u/s 353 IPC
• Action on Goonda Act
• Ban on Firearms
• Liquor Ban
• No Campaign & Export of Non-Electors of Political Parties
3. Model Code of Conduct : Specific Measures
– All campaigners who are not voters in the constituency and not Candidates should be
removed in the period of 48 hrs before end of poll. All campaigners who are voters but
not Candidates and have State Security should be monitored and should not be
allowed to go from booth to booth during polling. They may visit their respective booth
for voting purposes only - Police Authorities will enforce no campaign period along
with concerned Static Surveillance Team, Flying Squads and Hobli Level MCC Teams
– During campaign period
• No posters, flags, buntings, cutouts, flex banners, wall writings or markings, will be allowed in
any public place except at place of public/ campaign meeting with prior permission of ARO
and after payment of fees as charged by the Local concerned and for only 2 hrs before and
after the meeting.
• No posters, flags, buntings, cutouts, flex banners, wall writings or markings will be allowed in
any private place except with prior permission of RO concerned and with full unconditional
consent of the owner of the property in writing to the RO concerned. The cost of the banner /
wall writing etc should be added to the candidate’s expenditure.
• No vehicles other than those with permit from RO having Hologram will be allowed to display
any campaign material.
• No mike should be fitted to any vehicle whatsoever without RTA Permission
• Public & Political Meetings shall not be allowed in any Polling Station premises, Counting hall
premises, Government Office premises.
• Any public venues for Public Meetings, Campaign Meetings will be charged for by the owner
department / authority and reported to the RO concerned and Police Authorities concerned
for issue of permits.
• Mike permits for meetings may be given only between 6 am and 10 pm. No mike should be
permitted to be used within 100 mtrs of a hospital, school or college or place of worship.
3. MCC – Complaint Monitoring System
• District Level : CEO ZP is Complaint Monitoring Officer assisted by PD
DUDC.
• AC level : ARO is MCC Leader, Video Viewing Team Leader and Complaint
Monitoring Officer assisted by the Election Grievance Cell
• AC Level Flying Squad and Static Surveillance Team
• Local level MCC Team: For Gathering Intelligence and Informing People
about Ethical Voting
– Rural at Hobli level– PSI, DT and RI
– GP Level: PDO, VA, Bill Collector, Gram Sahayak, Anganwadi Worker, Asha
Worker
– Urban – Chief Officer/Commissioner, Town Crime PSI and Kasba RI
• Complaints can be received at any of these levels orally, in writing, by
phone or e-mail. Complaint will be investigated by Local team if of routine
nature and by CEO or ARO depending on seriousness and reported in the
format given within one day.
• Besides, MCC team will regularly conduct area inspections to prevent and
regulate defacement of places open to public view.
• On serious complaints, videography will be done through ARO
• Complaints when found true along with action taken will be intimated to the
press through immediate press note. ADC will be Press Spokesperson
• Daily report of complaint will be sent in proforma given
• CEC has directed that all candidates with links to mining and land mafia will
be shadowed by team of police and videographer 24*7
3. MCC – Structure & Functions
• 1. District Level Expenditure & MCC Monitoring
• 2. AC Level Static Surveillance and MCC Monitoring Team
– Functions: 24*7 Coordination, Monitoring & Reporting of MCC Complaints &
Expenditure,Video Viewing, Media Monitoring, Day end Report Compilation, Enquiry
& Reporting to AEO & EO & to CEO through RO & District MCC Team & DEO
• 3. AC & CORPORATION LEVEL DEDICATED FLYING SQUAD
– Functions: 24*7 Patrolling, Rapid Response to MCC Complaints, Prevention of MCC
Violations, Corrupt Practices and Electoral Offences, Search & Seizure, Videography,
Monitoring & Reporting On Check Posts, Day end Report Compilation, Enquiry &
Reporting to AC Level Static Surveillance Team & District Level Team
• 4. HOBLI & WARD LEVEL MCC and Video Surveillance TEAM
– Functions: 24*7 Patrolling, Rapid Response to MCC Complaints, Videography,
Prevention of MCC Violations, Corrupt Practices and Electoral Offences, Day end
Report Compilation, Enquiry & Reporting to AC Level Static Surveillance Team &
District Level Team
• 5. GP LEVEL MCC TEAM
– Functions: 24*7 Patrolling, Rapid Response to MCC Complaints, Prevention of MCC
Violations, Corrupt Practices and Electoral Offences, Videography with GP Video, Day
end Report Compilation, Enquiry & Reporting to Hobli Level MCC Team & AC Level
MCC Team
• 6. Control Room Cum Voter Helpline: District Level & Taluka Level
with 24*7 Telephone Operator and Police Wireless (Publicity to be
given for Telephone Numbers & Mobile Numbers)
3. MCC – District Level Special Wings
• Liquor & Hotels
– DC Excise:
• Patrolling
• Control of liquor transport
• Check Posts
• Imposition of Dry Days
• Illegal Liquor Distillation & Checking of Distillaries
• Monitoring of Liquor Flow to Wholesalers & Retailers
• Conspicuous Consumption & Propaganda, Corrupt Practices, MCC
– DC Commercial Tax
• Conspicuous or bulk purchase of Mobiles / Consumer Durables / Gift Vouchers with
special reference to Sarees, Clocks, Watches, Ceiling & Table Fans, TV, DVD Player,
Vehicles
– Jt Director Industries & Environment Officer Pollution Control Board
• Check on all Printing Presses & Printers for orders placed on propaganda material
• Checking all Industrial Godowns and Sheds and Garages for Stocking of Consumer
Goods
– Distt Officer Weights & Measures, Food Safety Officer & Food Inspectors
• Checking & Reporting on all Courier Companies and Postal Money Orders
• Checking of all APMC and Janata Bazaar Godowns For Illegal Storage or Stocking
• Checking of Public Feeding & Public Drinking Water Provision
3. MCC – District Level Special Wings
– Lead Bank Manager
• Ensuring protocol for large cash transfers (Rs. 1 Lakh and above for SB
Accounts and Rs. 10000 and above for ATM) are reported to SP & DC in
advance
• Getting banks to give basic information on Bank Accounts of Final List of
Candidates
• Reporting any request for large cash withdrawals or repeated cash
withdrawals beyond the banking norms
• Advance report to DC & SP of all cash movements by banks and all ATM
Counters
– RTO
• Seizure of all Govt vehicles allotted to elected / nominated members
• Provision of Private Vehicles for Election Duty
• Monitoring list of Private Taxies and obtaining the list of such taxies rented
out during campaign & election days
• Verifying lists of campaign vehicles with respect to ownership
• Giving List of Vehicles owned by Candidates and Election Agents
• Checking vehicles with outside registration
• Removing all advertising on Autos, Private Buses, Magic and Ape vehicles
• Removing dark glass on all vehicles
3. MCC – District Level Special Wings
• Misuse of Government Infrastructure
– DSWO, DTWO & DOBCM :
• Check all Hostels for any campaigning / hoarding. Warn all staff against campaigning
for any candidate or from attending any political meeting
• Ensure Hostels reserved for use by CPMF and DAR are vacated
– DDWCD:
• Check all Anganwadis for any campaigning / hoarding. Warn all staff specially
Anganwadi helpers & workers against campaigning for any candidate or attending
any political meeting during duty hours.
• Organise Anganwadi Workers, Supervisors and Helpers for MCC Monitoring,
Intelligence Gathering and Distribution of Voter Slips & Voter Education Material
– DDPI:
• Check all Schools for any campaigning / hoarding. Warn all staff against
campaigning for any candidate or from attending any political meeting.
• Warn aided school staff and management from carrying out any political propaganda
• Check all School Buildings used as Polling Station to ensure furniture is provided
– AC Muzrai :
• Check all Muzrai & Wakf institutions thoroughly for any political meeting, campaign,
hoarding, propaganda
• Warn all Muzrai & Wakf Institutions and against allowing their premises for poll
propaganda or any poll related activity
• All religious heads of all communities to be informed about the Religious Institutions
Prevention of Misuse Act, 1988
4. Other Measures to Ensure Free, Fair, Orderly & Peaceful Polls:
Prevention of Disfigurement
• Prevention of Defacement of Public Places and Private Places open to
public view by flags, banner, poster, buntings, pamphlet pasting, wall-writing
is barred except as provided for by local laws
• Display of banners, posters, buntings, flags, loudspeakers etc on vehicles
without permit of RO is barred.
• The Karnataka Open Places (Prevention of Disfigurement) Act 1981
provides the following:
– Unauthorised disfigurement by advertisement (which includes any printed,
cyclostyled, typed, written notice, document, paper or any picture or visual
representation) in place open to public view will lead to punishment of
imprisonment of upto 6 months
– Concerned local authority may give prior permission in writing according to its by
laws
– Exceptions
• Name Boards
• Advertising in place of business about trade/business or “to let” signs
• Railway advertising
• ASI advertising on ancient monuments
• Government advertising
• Directions have been issued to all Local Bodies not to permit any political
advertisements under this Act except for political meeting places only during
campaign period.
• All ULBs & GPs will whitewash any wall writings on private & public walls
made for election campaign
4. Other Measures to Ensure Free, Fair, Orderly & Peaceful Polls:
• Crime Management
– Preparation of list of past/ habitual electoral offenders by SP & hand over to RO
& DEO
– Updation of history sheeters and declared fugitives by SP and hand over of list to
DEO & RO
– Serving of all pending NBWs in all Police Station limits and all Constituency wise
unserved warrants to be reported to DEO fortnightly
– Special drive to investigate & prosecute all pending electoral offence cases and
report progress fortnightly to DEO & RO
• Liquor Control
– Special drive to unearth illicit liquor factories and unauthorised entry of liquor into
the district by DCE and weekly report to DEO & RO
– Monitoring of unusual off takes of liquor from KSBCL depot by DEO
– Ensuring Licenses CL2, CL4, CL7 & CL9 are renewed and are in character and
all licensed bars, hotels and clubs & shops adhere to timings
– Dry Day notification 48 before close of poll and on counting day.
• Arms Control
– Prohibition of carrying of licensed arms u/s 144 CrPC
– Ban on issue of fresh licenses
– Special drive by SP to unearth unlicensed arms
– Directions to SP to obtain deposit of licensed arms
– Checking of borders and district entry points
4. Other Measures to Ensure Free, Fair, Orderly & Peaceful Polls:
Contd….
• Prevention of Entry of Goonda Elements, Stockpiling of Liquor, Arms or
Propaganda Materials
– All Government Hostels to be placed under lock and monitored daily by
concerned warden for untoward activities. Private hostels to be checked weekly
and intensively just before elections to prevent untoward activities
– All Anganwadi buildings to be closed at 4 pm and not to be used by Stri Shakti
groups till elections are completed
– APMC Secretaries to regularly check APMC godowns for any untoward activities
or stock piling and give bi-weekly reports.
– All Hotels to report the daily inflow and outflow of outsiders from first day of
nominations
– GP Secretaries & ULB officials to take control of all Sabha Bhavans and
Community Halls constructed under MPLADs and KLADs and no electioneering
activity, stock piling or shelter to suspicious elements should be allowed in these
structures
– Autonomous Government Institutions like VIMS and Universities not to allow any
political propaganda in their premises
• Preventing Misuse of Government & Semi- Govt Funds for Election
Propaganda
– No Local Body official will allow any public fund to be used for any advertising
which may influence voters through the media or by printing pamphlets, notices,
posters, flags, buntings in the name of the Local Body or any elected member
– This holds true for Semi-Govt organisations like APMC, DCC Bank, PSUs etc.
– The expenditure even if deferred is equally violative of the MCC
4. Other Measures to Ensure Free, Fair, Orderly & Peaceful Polls:
Contd….
• Preventing Misuse of Places of Worship
– Wakf Officer & AC HRA to visit and check all places of worship to prevent their
misuse for election purposes
– All religious and cultural events or function organizers will take permission of RO
– Religious Institutions Prevention Of Misuse Act
• No religious institution or manager thereof shall use or allow the use of any
funds or other properties belonging to, or under the control of, the institution
for the benefit of any political party or for the purpose of any political activity
• No religious institution or manager thereof shall allow any ceremony, festival,
congregation, procession or assembly organised or held under its auspices
to be used for any political activity
• Where any religious institution or manager thereof contravenes the
provisions of section 2, section 4, section 5 or section 6, the manager and
every person connected with such contravention shall be punishable
with imprisonment for a term which may extend to five years and with
fine which may extend to ten thousand rupees.
• Every manager or other employee of a religious institution shall be bound to
give information to the officer in charge of the police station within whose
local jurisdiction the religious institution is situate of any contravention or any
impending contravention of the provisions of this Act and any failure to do so
shall be punishable under section 176 of the Indian Penal Code.
– Section 176 IPC: Whoever, being legally bound to give any notice or to furnish
information on any subject to any public servant, as such, intentionally omits to
give such notice or to furnish such information in the manner and at the time
required by law, shall be punished with simple imprisonment for a term which
may extend to one month, or with fine which may extend to five hundred rupees,
or with both;
4. Other Measures to Ensure Free, Fair, Orderly & Peaceful Polls:
Regulation of Vehicle use and Loud-speakers in campaigning
• Candidates are required to obtain prior permits for vehicles for campaigning from RO who
will issue such permit in Bright Pink 6” X 4” Cardboard Paper in printed form and in the
model as given with instructions to candidates to use them in original. Any vehicle violating
the same will be seized and kept in custody of police till election process is over and may
be used by RO for election purposes.
• Candidates will not be allowed more than 3 vehicles during Nomination, within 100 mtrs of
RO Office.
• No convoy of more than 3 vehicles will be allowed.
• Bike Rallies are banned (under KP Act by DM). Not to be permitted.
• No procession having more than 300 persons is allowed (By Order of DM)
• During poll day no candidate will be allowed more than 3 vehicles (1 for him, 1 for his
Election Agent and 1 for his supporters)
• Vehicles will mean motorised 2, 3 & 4 wheelers. No vehicle without Yellow Board should
be allowed for election propaganda except for 1 for Candidate, 1 for Star Campaigner and
1 for his/her Election Agent. All Vehicle Permits should be given after seeing the vehicle
and checking the validity of Driver’s Licence. Driver of permitted vehicle must have a valid
license from RTO of Bellary District only. This is to ensure that voters of other districts can
cast their votes. Any vehicle without original permit displayed should be seized. Any
vehicle displaying wrong permit should be seized.
• No Mikes / Loudspeakers can be fitted on Vehicles as per MV Act. If mike has to be fitted,
permission of RTA is a must.
• Mikes can be used only during Public Meetings after due prior permission from competent
authority within 6am and 10 pm (Concerned RO and CPI and also NOC from Local Body /
Private Site Owner as case may be). Any public meeting without RO & local Police
Permission will be stopped and all shamiyana materials seized and MCC violation case
booked even against shamiyana suppliers.
4.Other Measures to Ensure Free, Fair, Orderly & Peaceful Polls: Prevention of
Public Feeding to Influence Voters, Prevention of Un-authorised Public Meetings,
Prevention of Using Vehicles to Carry Voters to Polling Station, Prevention of Works
to Influence Voters,
• Prevention of Public Feeding: May happen at a private / public place / commercial
institution by issue of chits (instead of Bill). If done to influence voters, it amounts to
bribery and case should be booked against site owner, candidate, caterer and all
materials, utensils etc should be seized. All Caterers and Khanawalis and Hotels to
be warned of the consequences and directed to avoid doing this.
• Prevention of Un-authorised Public Meetings : If the public meeting does not have
written permission from RO and SHO regarding mike-use, and permission from
GESCOM regarding electrical connection, NOC from Local Body / Public Authority /
Private Site Owner, Shamiana materials and mike-set etc will be seized and FIR
lodged. All Shamiyana Suppliers to be warned of the consequences and directed to
avoid doing this by insisting on written permission of RO & Police for Public Meetings
• Prevention of Using Vehicles to Carry Voters / Un-authorised Campaigning: Vehicles
carrying campaign material / Candidate / Election Agent in a public place where
people have gathered will be seized if it is not carrying original Vehicle Pass relevant
to that vehicle or if a mike-set is attached to the vehicle. All Private Bus, Maxi Cab,
Magic, Ape’, Auto, Taxi owners to be warned of the consequences and directed to
insist on vehicle permit and not allow mike-set to be fitted by RTO.
• Prevention of Works to Influence Voters: No civil / water supply / electrical works not
being done by govt. authorities to be allowed. If found all machinery and implements
to be seized and MCC case booked. All civil, electrical and bore-well contractors to
be warned by EE PWD, EE PRED, EE MI, EE GESCOM, all Chief Officers.
4. Other Measures to Ensure Free, Fair, Orderly & Peaceful Polls: Special measures
for vulnerable areas, border areas, key candidate areas, worry lists
• Vulnerability Mapping
– Objective is to prevent any undue influence on any section or part of the voting
population to prevent them from exercising their franchise and to create an
atmosphere of free exercise of choices through confidence building measures
– RO to compile Vulnerable Part list
– Inputs from ARO, SHOs and Sector Officers
– Key aspects to be noted are :
• Past incidents of Electoral Violence
• State Border areas
• Key Candidate Home Parts, Rowdy Lists & Candidate’s Worry Lists
• SC/ST areas & Minority Pockets
• 107 to 110 CrPC and Atrocity cases in the past
• Previous instances of imposition of curfew / Riots
• Existence of concentrated habitations of dominant castes
• DEO & SP to prepare vulnerable areas action plan and initiate CBMs
through Sector Officers, MCC Squads and SHOs
• List to be shared with Observors
• Sections within Vulnerable Part Nos to be identified for poll day vigilance &
monitoring
• Vulnerability to be major factor in determining Critical PS
5. MCC & Expenditure Monitoring: Structure
Directions
Predictive
Intelligence Interceptive
Actions
5. MCC & Expenditure Monitoring: Structure & Composition
• EO = 1 Each for 90- Vijaynagar, 93 -Bellary, 94- Bellary City & 1 for
88 Hadgali, 89 HB Halli & 92 Siruguppa, 1 for 91 Kampli, 95 Sandur
& 96 Kudligi.
– Assisted by AEO, 1 for each LAC
• Accounting Team : 1 Accountant + 1 SDC cum Computer Operator
• DEO & Nodal Officer District Level MCC Team (CEO ZP)
– Assisted by Video Viewing Team (PD DUDC + 1 SDC)+ MCMC
• 1 Video Editor
– Supported by Intelligence Gathering & Analysis Team (Additional
SP+JCCT+DC Excise+RTO+LBM+24*7 Complaint Cell Cum Helpline)
• 1 FDC + 1 Computer Operator
– AC Level SST = ARO+VVT (EO TP / Chief Officer)
• SDC + Computer Operator + Video Editor
– AC Level Flying Squad = 1 Executive Magistrate + 1 VA / RI+1 Armed
Constable + 1 Videographer
• Check Post = 2+ Armed Constables + 1 Videographer
• Hobli Level MCC Teams = DT / RI + 1 HG + 1 Videographer
– GP/Ward Level MCC Teams = PDO/RO+VA+BLO+Anganwadi Worker+ Bill
Collector + Gram Sahayak
5. MCC & Expenditure Monitoring: Functions
• EO: Monitor Expenditure Admissible & Inadmissible & Limits of Former
– AEO: Analyse Inputs from Raw Data, Intelligence, Complaints, Reports of AC Level SST and
MCMC, Maintain Shadow Register & Folder of Evidence with assistance of Accounting Team and
Report to EO
• DEO & Nodal Officer District Level MCC Team (CEO ZP): Planning, Superintendence & Strategy
– District VVT (PD DUDC): Examine all Newspapers, View Local Cable, Compile Video Reports &
Report to MCMC & DEO through CEO ZP
– MCMC: Analyze Reports of VVTs, receive Media/SMS Related Complaints, Permit Advertising
Requests and Send Reports to AEOs
– Intelligence Gathering & Analysis Team :(Additional SP+AC IT+JCCT+DC Excise+RTO+LBM):
Gather Gifts & Commerce Data, Liquor Data, Vehicle Hire Data, Banking Data etc from Supply
Side, Analyze and Strategize Response
– 24*7 Complaint Cell Cum Helpline: Record & Transmit Complaints through Wireless / Telephone /
E-mail
– AC Level SST = ARO: Compile Intelligence Reports from Flying Squads, Sector Officers, Flying
Squads, Hobli Level Teams & GP Level Teams
– AC Level VVT: Examine all Local Newspapers, View Local Cable, Compile Video Reports & Report
to AEO & CEO ZP through AC Level SST
– AC Level Flying Squad : Compile Check Post Data and Intercept Electoral Offences / Corrupt
Practices, Book Cases, Seize Contraband Material
• Check Post: Search & Seize Contraband / Cash
• Hobli Level MCC Teams: Prevent MCC Violations & Corrupt Practices, Videograph all political activity and
prepare reports in given formats and video day end reports and submit to AC SST
– GP Level MCC Teams: Circulate among villages & wards, Gather Information, Carry out
videography of political events, enforce MCC, Educate voters about ethical voting and submit
day-end report along with video CD to Hobli Level Team, in case of any MCC violation /corrupt
practice, inform nearest Flying Squad / AC Level SST / Complaint Cell
5. MCC & Expenditure Monitoring: Methodology
• Intelligence: Without Predictive Intelligence and Data Analysis, monitoring
would be a futile & frustrating exercise
• Data Mining, Data Sifting, Data Analysis : Raw data and information needs
to be categorised, classified, analysed to predict behaviour and also to
create evidence of events:
• Step 1: Identification of ESCon, ESCan, ESPoc
– Expenditure Sensitive Constituency :Based on Past Election Trends, Economic
Status & General Popularity of Major Candidates, Recent Media Reports and
Vulnerability of the Constituency:
– Expenditure Sensitive Candidate : Economic Status & General Popularity of the
Candidate, whether Candidate has business links, Criminal Case Record of
Candidate, MCC Violations by Candidate and Recent Media Reports
– Expenditure Sensitive Pockets : Dynamic scenario based on Media Reports,
Worry Lists, MCC Violations and Seizures: Hospet City in 90 Vijaynagar, Cowl
bazar, RadioPark, Chagnur, Moka, Rupangudi, Jalihal, Halkundi, Belgal, Honnalli
in 93 Bellary, SRPuram Colony, Millerpet, BapujiNagar, Devinagar, Bislahalli,
Mundargi in 94 Bellary, Kudligi Town & Khana Hosalli in 96 Kudligi, Sandur Town
in 95 Sandur, Kampli Town & Kurugodu in 91 Kampli, Kottur Town in 89 HB Halli.
5. MCC & Expenditure Monitoring: Methodology
• Step 2 : Establishing Check Posts & Criticality Analysis
– Check Post Establishment based on data analysis & vulnerability
– 40 Check Posts
• 18 State Border Check Posts : with CRPF & Videography to control inflows
• 16 Internal Check Posts : State Police & Excise / Forest / CT to control distribution of
cash / liquor
• 6 Airport, Helipad & Bus Stop Checks
– Area Domination by CPMF : In vulnerable and ESCon / ESPoc areas to create a
sense of uniformed presence to discourage corrupt practices
• Step 3 : SVEEP IEC on Higher Voting Turn-out & Ethical Voting
– IEC on Ethical Voting and Electoral laws: Alongside SVEEP to sweep away
corrupt practices and appeal to the moral sense of voters.
– Mobile Numbers of all MCC & Expenditure Monitoring Officers will be given wide
publicity.
• Step 4 : Expenditure & MCC Monitoring Network
– Information Flow from GP to Hobli to AC to District & Data Flow from Supply Side
– Videography at GP level, Hobli Level, Flying Squad Level
– Multi-tasking to optimally utilize human resources
– Complaint Receipt at District & Taluka Level
– High Mobility Monitoring: Vehicles upto Hobli Level
– Communication Network : Geo-locator Sims and Wireless
5. MCC & Expenditure Monitoring: Recording & Reporting
• Video Recording : Event and Corrupt Practice Recording by PDO at
GP level, DT at Hobli Level, Flying Squad and Check Post
• Format based recording of events, activities at GP Level, Hobli
Level, AC Level and District Level
• Format based supply side recording of goods flow, cash flow and
liquor flow
• Format based reporting of persons & vehicles at Check Posts
• Format based reporting of suspicious activities and persons at
hotels, sabha bhavans, godowns, APMCs, Hostels, Religious
Institutions
– Shadow Observation Register of Daily Accounts of Candidate
– Part A : Register for Maintenance of Day To Day Accounts, Part
B: Cash Register, Part C: Bank Register
– Abstract & Detailed Statements of Election Expenses
– Folder Of Evidence
5. MCC & Expenditure Monitoring: Formats & Rate Lists
• Maximum Limit : Rs 70 Lakhs
– Separate Bank Account
– All Payments Through Cheque Except Petty Cash Payment of Rs. 20000 to a single party
• Formats:
– DEO: Appeal To General Public On Ethical Voting
– EO: 1. Preparedness Report For Expenditure Monitoring (Within 3 Days After
Notification) 2. Preparedness Report (Within 3 Days After Withdrawal) 3.
Expenditure Report After Completion of Poll 4. Final Report (1 Month After
Result)
– AEO: Daily Report Including Accounting, Video Surveillance, MCMC & VVT,
Control Room & Complaint Cell, Flying Squad Inputs
• Accounting Team –
– Shadow Observation Register of Daily Accounts of Candidate
– Part A : Register for Maintenance of Day To Day Accounts, Part B: Cash Register, Part C:
Bank Register
– Abstract & Detailed Statements of Election Expenses
– MCMC Report & AC Level MMC Report by AC Level VVT
– Daily Complaint Cell Report
– Flying Squad: Daily Report On Seizure & MCC Complaints & Check Posts
– AC Level VVT : Daily Video Highlights & MMC Report & Folder of Evidence
– Hobli & GP Level Reports
– Supply Side Intel Inputs From JCCT, DC Excise, RTO, AC IT, LBM
7. CONCLUSIONS
• Work Impartially: Our Objective Is A Free, Fair, Clean
Election. In a Fair Competition Nobody Should Cheat
• Work Hard: A Few Sleepless Nights Can Improve The
Nation’s Future Many Years
• Work with Integrity and Fearlessness But Intelligence
• Read all materials like Instructions on Expenditure
Monitoring and be well informed about various laws and
procedures
• Cooperate with all and do your duty and beyond.
Respond immediately to any information / SOS
• Be decent and polite but firm and unyielding
• Take Pride In Your Work, Be Result-oriented.
Training for Assistant Expenditure Observers & Accounting Team

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Training for Assistant Expenditure Observers & Accounting Team

  • 1. Training for AEOs & Accounting Teams On Expenditure Monitoring for Bellary Assembly Elections 2014 By DEO & DC, BELLARY 2014.
  • 2. Terminology • AC= Assembly Constituency • ERO= Electoral Registration Officer, normally the Assistant Commissioner. • AERO= Assistant Electoral Registration Officer, normally the Tahsildar • EVM = Electronic Voting Machine • MCC = Model Code of Conduct • BLO = Booth Level Officers • CPMF = Central Para-Military Force • CBM = Confidence Building Measures • DEO= District Election Officer, normally the Deputy Commissioner • CEO= Chief Electoral Officer • AEO= Assistant Expenditure Observer • MCMC= Media Certification & Monitoring Committee • SST= Static Surveillance Team • VVT= Video Viewing Team • AT= Accounting Team • FS= Flying Squad • ESC= Expenditure Sensitive Constituency / Candidate • ESP= Expenditure Sensitive Pocket
  • 3. CONTENTS of PRESENTATION 1. Election Related Laws, Rules & Guidelines 2. Schedule Of Elections 3. Model Code of Conduct 4. Other Laws to ensure free, fair & peaceful elections 5. MCC & Expenditure Monitoring 6. Security Law & Order 7. Conclusions
  • 4. 1. Election & Related Laws, Rules & Guidelines • A. Representation of People’s Act, 1950 & 1951 • B. Registration of Electors Rules, 1961 • C. Conduct of Election Rules, 1961 • D. Indian Penal Code • E. ECI’s Compendium of Instructions • F. Expenditure Monitoring Compendium • G. Key Reading Materials: RO Handbook, PRO Handbook, Guidelines To Candidates • H. SVEEP Compendium
  • 5. 1. Election & Related Laws, Rules & Guidelines : A. Representation of People’s Act • RP Act 1950 – Provides for allocation of seats and delimitation of constituencies for election to the Parliament, Assemblies and Councils, for the qualifications for elections and preparation of electoral rolls – In 5 Parts, 32 Sections – Key Sections • S13CC – Election related officers deemed to be on deputation to ECI • S 16 to 23 – Preparation of Electoral Roll • S 31 – Making False Declaration • S 32 – Breach of Official Duty in preparation of rolls • RP Act 1951 – Provides for conduct of elections, qualifications & disqualifications, action on corrupt practices and disputes related thereto – In 11 Parts, 171 Sections – Key Sections • S 5 to 11B – Qualifications & Disqualifications • S 21 to 28A – RO, ARO, Presiding Officer, Polling Officers, duties responsibilities and deemed deputation to ECI • S 30 to 39A – Nomination Process • S 40 to 51 – Candidates & their Agents • S 56 to 67 – Poll process & Counting of Votes • S 76 to 78 – Election Expenses • S 123 – Corrupt Practices • S 125 to 136 – Electoral Offences
  • 6. 1. Election & Related Laws, Rules & Guidelines: B. Corrupt Practices & Electoral offences in the RP Act 1951 & IPC • RP Act 1951 – S 123 – Corrupt Practices • Bribery or Inducement to a person to contest or not and to vote or not in an election by candidate or agent any person with consent of candidate or agent • Undue influence to exercise or not to, an electoral right • Appeal to vote or not to, on basis of religion, race, caste, community or language or on basis of symbols thereof • Promotion of feelings of enemity or hatred between citizens or classes of citizens on grounds of caste, community, religion etc • Publication of false statements on personal character or conduct of any candidate or to prejudice the decision on disqualification • Hiring or procuring of vehicle to transport any elector to and from polling station • Incurring of expenditure not authorised U/S 77 • Procuring assistance of Government officials • Booth Capturing – S 125 – Promoting enemity – S 126 – Public meetings prohibited 48 hrs before conclusion of poll – S 127 – Disturbance or incitement at election meeting – S 127A – Pamphlets, posters etc to be printed only with declaration of identity of printer – S 128 – Secrecy of voting – S 129 – Officials not to assist or influence elections – S 130 – Prohibition of canvassing near polling station – S 131 - Prohibition on disorderly conduct near polling station – S 132 – Misconduct at Polling Station
  • 7. 1. Election & Related Laws, Rules & Guidelines: C. Corrupt Practices & Electoral offences in the RP Act 1951 & IPC • RP Act 1951 contd… – S 133 – Hiring of vehicle for transporting voters – S 134 – Breach of official duty in connection with elections – S 134 B – Bar on going to PS armed – S 135 – Removal of ballot paper/ EVM from PS – S 135A – Offence of booth capturing – S 135C – Distribution or sale of liquor barred upto 48 hrs before conclusion of polling – S 136 – Other offences like destruction of nomination paper, defacement of any notice of RO, destruction of ballot paper or EVM, etc • IPC – S153A – Promoting enmity between groups on grounds of religion etc – S171B to I – Penalties for electoral offences & corrupt practices – S505 – Statements causing public mischief, promoting enmity
  • 8. 1. Election & Related Laws, Rules & Guidelines: E. Expenditure Monitoring Guidelines • Types – Allowed (Limit Rs. 70 Lakhs) : IEC media, Vehicle Hire, Star Campaigners • Reported • Not Reported eg Paid News – Dis-allowed • Illegal eg Bribes in Cash / Kind • Structure of Expenditure Monitoring – Expenditure Observers & District Level MCC Team • Expenditure Monitoring Cell – Nodal Officer : CAO, ZP & District Expenditure Team • Assistant Expenditure Observers – Accounting Team • MCMC • Complaint Cell • AC Level Static Surveillance Team + Video Viewing Team – Check Posts with Videographers – Flying Squads With Executive Magistrates , Police and Videographers – ESCan Follow Party with Police & Videographers – Hobli Level Mobile Squads With Videographers » GP Level MCC & Intelligence Gathering Team With Video » Ward Level MCC & Intelligence Gathering Team » Ward Level Wall Writing Removal Team • MCMC • Excise Nodal Officer • IT Nodal Officer Whats New
  • 9. 3. Model Code of Conduct : General • General Conduct – Avoid aggravating divisive feelings – No personal criticism – No appeal to caste/community/religion – No corrupt practices – No intimidation or disturbance of peace – No using places of worship for any election propaganda • Meetings & Processions – Prior police permission for meeting, procession & loudspeakers – No violation of restrictive orders – Maintain peace – No effigies • Poll Day – No inducements, propaganda, intimidation – No unauthorised entry into poll booth – Not take law into hands, complain to observors • Party in Power – Not combine official visit with electioneering – Not use government vehicles for campaign – Not monopolize public places and Government Rest Houses – Not advertize at the cost of govt – No new scheme announcement, inaugurations, appointments, promises
  • 10. 3. Model Code of Conduct : Preventive Measures • Preventive Orders: – Ban on Processions with more than 300 persons – Ban on Bike Rallies – Ban on bursting crackers & Victory Processions • Rounding up of known criminals & goonda elements by police • Bonds to maintain peace from known trouble makers u/s 107 CrPC • Bonds from suspicious characters u/s 109 CrPC • Review by SP of all pending cases u/s 353 IPC • Action on Goonda Act • Ban on Firearms • Liquor Ban • No Campaign & Export of Non-Electors of Political Parties
  • 11. 3. Model Code of Conduct : Specific Measures – All campaigners who are not voters in the constituency and not Candidates should be removed in the period of 48 hrs before end of poll. All campaigners who are voters but not Candidates and have State Security should be monitored and should not be allowed to go from booth to booth during polling. They may visit their respective booth for voting purposes only - Police Authorities will enforce no campaign period along with concerned Static Surveillance Team, Flying Squads and Hobli Level MCC Teams – During campaign period • No posters, flags, buntings, cutouts, flex banners, wall writings or markings, will be allowed in any public place except at place of public/ campaign meeting with prior permission of ARO and after payment of fees as charged by the Local concerned and for only 2 hrs before and after the meeting. • No posters, flags, buntings, cutouts, flex banners, wall writings or markings will be allowed in any private place except with prior permission of RO concerned and with full unconditional consent of the owner of the property in writing to the RO concerned. The cost of the banner / wall writing etc should be added to the candidate’s expenditure. • No vehicles other than those with permit from RO having Hologram will be allowed to display any campaign material. • No mike should be fitted to any vehicle whatsoever without RTA Permission • Public & Political Meetings shall not be allowed in any Polling Station premises, Counting hall premises, Government Office premises. • Any public venues for Public Meetings, Campaign Meetings will be charged for by the owner department / authority and reported to the RO concerned and Police Authorities concerned for issue of permits. • Mike permits for meetings may be given only between 6 am and 10 pm. No mike should be permitted to be used within 100 mtrs of a hospital, school or college or place of worship.
  • 12. 3. MCC – Complaint Monitoring System • District Level : CEO ZP is Complaint Monitoring Officer assisted by PD DUDC. • AC level : ARO is MCC Leader, Video Viewing Team Leader and Complaint Monitoring Officer assisted by the Election Grievance Cell • AC Level Flying Squad and Static Surveillance Team • Local level MCC Team: For Gathering Intelligence and Informing People about Ethical Voting – Rural at Hobli level– PSI, DT and RI – GP Level: PDO, VA, Bill Collector, Gram Sahayak, Anganwadi Worker, Asha Worker – Urban – Chief Officer/Commissioner, Town Crime PSI and Kasba RI • Complaints can be received at any of these levels orally, in writing, by phone or e-mail. Complaint will be investigated by Local team if of routine nature and by CEO or ARO depending on seriousness and reported in the format given within one day. • Besides, MCC team will regularly conduct area inspections to prevent and regulate defacement of places open to public view. • On serious complaints, videography will be done through ARO • Complaints when found true along with action taken will be intimated to the press through immediate press note. ADC will be Press Spokesperson • Daily report of complaint will be sent in proforma given • CEC has directed that all candidates with links to mining and land mafia will be shadowed by team of police and videographer 24*7
  • 13. 3. MCC – Structure & Functions • 1. District Level Expenditure & MCC Monitoring • 2. AC Level Static Surveillance and MCC Monitoring Team – Functions: 24*7 Coordination, Monitoring & Reporting of MCC Complaints & Expenditure,Video Viewing, Media Monitoring, Day end Report Compilation, Enquiry & Reporting to AEO & EO & to CEO through RO & District MCC Team & DEO • 3. AC & CORPORATION LEVEL DEDICATED FLYING SQUAD – Functions: 24*7 Patrolling, Rapid Response to MCC Complaints, Prevention of MCC Violations, Corrupt Practices and Electoral Offences, Search & Seizure, Videography, Monitoring & Reporting On Check Posts, Day end Report Compilation, Enquiry & Reporting to AC Level Static Surveillance Team & District Level Team • 4. HOBLI & WARD LEVEL MCC and Video Surveillance TEAM – Functions: 24*7 Patrolling, Rapid Response to MCC Complaints, Videography, Prevention of MCC Violations, Corrupt Practices and Electoral Offences, Day end Report Compilation, Enquiry & Reporting to AC Level Static Surveillance Team & District Level Team • 5. GP LEVEL MCC TEAM – Functions: 24*7 Patrolling, Rapid Response to MCC Complaints, Prevention of MCC Violations, Corrupt Practices and Electoral Offences, Videography with GP Video, Day end Report Compilation, Enquiry & Reporting to Hobli Level MCC Team & AC Level MCC Team • 6. Control Room Cum Voter Helpline: District Level & Taluka Level with 24*7 Telephone Operator and Police Wireless (Publicity to be given for Telephone Numbers & Mobile Numbers)
  • 14. 3. MCC – District Level Special Wings • Liquor & Hotels – DC Excise: • Patrolling • Control of liquor transport • Check Posts • Imposition of Dry Days • Illegal Liquor Distillation & Checking of Distillaries • Monitoring of Liquor Flow to Wholesalers & Retailers • Conspicuous Consumption & Propaganda, Corrupt Practices, MCC – DC Commercial Tax • Conspicuous or bulk purchase of Mobiles / Consumer Durables / Gift Vouchers with special reference to Sarees, Clocks, Watches, Ceiling & Table Fans, TV, DVD Player, Vehicles – Jt Director Industries & Environment Officer Pollution Control Board • Check on all Printing Presses & Printers for orders placed on propaganda material • Checking all Industrial Godowns and Sheds and Garages for Stocking of Consumer Goods – Distt Officer Weights & Measures, Food Safety Officer & Food Inspectors • Checking & Reporting on all Courier Companies and Postal Money Orders • Checking of all APMC and Janata Bazaar Godowns For Illegal Storage or Stocking • Checking of Public Feeding & Public Drinking Water Provision
  • 15. 3. MCC – District Level Special Wings – Lead Bank Manager • Ensuring protocol for large cash transfers (Rs. 1 Lakh and above for SB Accounts and Rs. 10000 and above for ATM) are reported to SP & DC in advance • Getting banks to give basic information on Bank Accounts of Final List of Candidates • Reporting any request for large cash withdrawals or repeated cash withdrawals beyond the banking norms • Advance report to DC & SP of all cash movements by banks and all ATM Counters – RTO • Seizure of all Govt vehicles allotted to elected / nominated members • Provision of Private Vehicles for Election Duty • Monitoring list of Private Taxies and obtaining the list of such taxies rented out during campaign & election days • Verifying lists of campaign vehicles with respect to ownership • Giving List of Vehicles owned by Candidates and Election Agents • Checking vehicles with outside registration • Removing all advertising on Autos, Private Buses, Magic and Ape vehicles • Removing dark glass on all vehicles
  • 16. 3. MCC – District Level Special Wings • Misuse of Government Infrastructure – DSWO, DTWO & DOBCM : • Check all Hostels for any campaigning / hoarding. Warn all staff against campaigning for any candidate or from attending any political meeting • Ensure Hostels reserved for use by CPMF and DAR are vacated – DDWCD: • Check all Anganwadis for any campaigning / hoarding. Warn all staff specially Anganwadi helpers & workers against campaigning for any candidate or attending any political meeting during duty hours. • Organise Anganwadi Workers, Supervisors and Helpers for MCC Monitoring, Intelligence Gathering and Distribution of Voter Slips & Voter Education Material – DDPI: • Check all Schools for any campaigning / hoarding. Warn all staff against campaigning for any candidate or from attending any political meeting. • Warn aided school staff and management from carrying out any political propaganda • Check all School Buildings used as Polling Station to ensure furniture is provided – AC Muzrai : • Check all Muzrai & Wakf institutions thoroughly for any political meeting, campaign, hoarding, propaganda • Warn all Muzrai & Wakf Institutions and against allowing their premises for poll propaganda or any poll related activity • All religious heads of all communities to be informed about the Religious Institutions Prevention of Misuse Act, 1988
  • 17. 4. Other Measures to Ensure Free, Fair, Orderly & Peaceful Polls: Prevention of Disfigurement • Prevention of Defacement of Public Places and Private Places open to public view by flags, banner, poster, buntings, pamphlet pasting, wall-writing is barred except as provided for by local laws • Display of banners, posters, buntings, flags, loudspeakers etc on vehicles without permit of RO is barred. • The Karnataka Open Places (Prevention of Disfigurement) Act 1981 provides the following: – Unauthorised disfigurement by advertisement (which includes any printed, cyclostyled, typed, written notice, document, paper or any picture or visual representation) in place open to public view will lead to punishment of imprisonment of upto 6 months – Concerned local authority may give prior permission in writing according to its by laws – Exceptions • Name Boards • Advertising in place of business about trade/business or “to let” signs • Railway advertising • ASI advertising on ancient monuments • Government advertising • Directions have been issued to all Local Bodies not to permit any political advertisements under this Act except for political meeting places only during campaign period. • All ULBs & GPs will whitewash any wall writings on private & public walls made for election campaign
  • 18. 4. Other Measures to Ensure Free, Fair, Orderly & Peaceful Polls: • Crime Management – Preparation of list of past/ habitual electoral offenders by SP & hand over to RO & DEO – Updation of history sheeters and declared fugitives by SP and hand over of list to DEO & RO – Serving of all pending NBWs in all Police Station limits and all Constituency wise unserved warrants to be reported to DEO fortnightly – Special drive to investigate & prosecute all pending electoral offence cases and report progress fortnightly to DEO & RO • Liquor Control – Special drive to unearth illicit liquor factories and unauthorised entry of liquor into the district by DCE and weekly report to DEO & RO – Monitoring of unusual off takes of liquor from KSBCL depot by DEO – Ensuring Licenses CL2, CL4, CL7 & CL9 are renewed and are in character and all licensed bars, hotels and clubs & shops adhere to timings – Dry Day notification 48 before close of poll and on counting day. • Arms Control – Prohibition of carrying of licensed arms u/s 144 CrPC – Ban on issue of fresh licenses – Special drive by SP to unearth unlicensed arms – Directions to SP to obtain deposit of licensed arms – Checking of borders and district entry points
  • 19. 4. Other Measures to Ensure Free, Fair, Orderly & Peaceful Polls: Contd…. • Prevention of Entry of Goonda Elements, Stockpiling of Liquor, Arms or Propaganda Materials – All Government Hostels to be placed under lock and monitored daily by concerned warden for untoward activities. Private hostels to be checked weekly and intensively just before elections to prevent untoward activities – All Anganwadi buildings to be closed at 4 pm and not to be used by Stri Shakti groups till elections are completed – APMC Secretaries to regularly check APMC godowns for any untoward activities or stock piling and give bi-weekly reports. – All Hotels to report the daily inflow and outflow of outsiders from first day of nominations – GP Secretaries & ULB officials to take control of all Sabha Bhavans and Community Halls constructed under MPLADs and KLADs and no electioneering activity, stock piling or shelter to suspicious elements should be allowed in these structures – Autonomous Government Institutions like VIMS and Universities not to allow any political propaganda in their premises • Preventing Misuse of Government & Semi- Govt Funds for Election Propaganda – No Local Body official will allow any public fund to be used for any advertising which may influence voters through the media or by printing pamphlets, notices, posters, flags, buntings in the name of the Local Body or any elected member – This holds true for Semi-Govt organisations like APMC, DCC Bank, PSUs etc. – The expenditure even if deferred is equally violative of the MCC
  • 20. 4. Other Measures to Ensure Free, Fair, Orderly & Peaceful Polls: Contd…. • Preventing Misuse of Places of Worship – Wakf Officer & AC HRA to visit and check all places of worship to prevent their misuse for election purposes – All religious and cultural events or function organizers will take permission of RO – Religious Institutions Prevention Of Misuse Act • No religious institution or manager thereof shall use or allow the use of any funds or other properties belonging to, or under the control of, the institution for the benefit of any political party or for the purpose of any political activity • No religious institution or manager thereof shall allow any ceremony, festival, congregation, procession or assembly organised or held under its auspices to be used for any political activity • Where any religious institution or manager thereof contravenes the provisions of section 2, section 4, section 5 or section 6, the manager and every person connected with such contravention shall be punishable with imprisonment for a term which may extend to five years and with fine which may extend to ten thousand rupees. • Every manager or other employee of a religious institution shall be bound to give information to the officer in charge of the police station within whose local jurisdiction the religious institution is situate of any contravention or any impending contravention of the provisions of this Act and any failure to do so shall be punishable under section 176 of the Indian Penal Code. – Section 176 IPC: Whoever, being legally bound to give any notice or to furnish information on any subject to any public servant, as such, intentionally omits to give such notice or to furnish such information in the manner and at the time required by law, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both;
  • 21. 4. Other Measures to Ensure Free, Fair, Orderly & Peaceful Polls: Regulation of Vehicle use and Loud-speakers in campaigning • Candidates are required to obtain prior permits for vehicles for campaigning from RO who will issue such permit in Bright Pink 6” X 4” Cardboard Paper in printed form and in the model as given with instructions to candidates to use them in original. Any vehicle violating the same will be seized and kept in custody of police till election process is over and may be used by RO for election purposes. • Candidates will not be allowed more than 3 vehicles during Nomination, within 100 mtrs of RO Office. • No convoy of more than 3 vehicles will be allowed. • Bike Rallies are banned (under KP Act by DM). Not to be permitted. • No procession having more than 300 persons is allowed (By Order of DM) • During poll day no candidate will be allowed more than 3 vehicles (1 for him, 1 for his Election Agent and 1 for his supporters) • Vehicles will mean motorised 2, 3 & 4 wheelers. No vehicle without Yellow Board should be allowed for election propaganda except for 1 for Candidate, 1 for Star Campaigner and 1 for his/her Election Agent. All Vehicle Permits should be given after seeing the vehicle and checking the validity of Driver’s Licence. Driver of permitted vehicle must have a valid license from RTO of Bellary District only. This is to ensure that voters of other districts can cast their votes. Any vehicle without original permit displayed should be seized. Any vehicle displaying wrong permit should be seized. • No Mikes / Loudspeakers can be fitted on Vehicles as per MV Act. If mike has to be fitted, permission of RTA is a must. • Mikes can be used only during Public Meetings after due prior permission from competent authority within 6am and 10 pm (Concerned RO and CPI and also NOC from Local Body / Private Site Owner as case may be). Any public meeting without RO & local Police Permission will be stopped and all shamiyana materials seized and MCC violation case booked even against shamiyana suppliers.
  • 22. 4.Other Measures to Ensure Free, Fair, Orderly & Peaceful Polls: Prevention of Public Feeding to Influence Voters, Prevention of Un-authorised Public Meetings, Prevention of Using Vehicles to Carry Voters to Polling Station, Prevention of Works to Influence Voters, • Prevention of Public Feeding: May happen at a private / public place / commercial institution by issue of chits (instead of Bill). If done to influence voters, it amounts to bribery and case should be booked against site owner, candidate, caterer and all materials, utensils etc should be seized. All Caterers and Khanawalis and Hotels to be warned of the consequences and directed to avoid doing this. • Prevention of Un-authorised Public Meetings : If the public meeting does not have written permission from RO and SHO regarding mike-use, and permission from GESCOM regarding electrical connection, NOC from Local Body / Public Authority / Private Site Owner, Shamiana materials and mike-set etc will be seized and FIR lodged. All Shamiyana Suppliers to be warned of the consequences and directed to avoid doing this by insisting on written permission of RO & Police for Public Meetings • Prevention of Using Vehicles to Carry Voters / Un-authorised Campaigning: Vehicles carrying campaign material / Candidate / Election Agent in a public place where people have gathered will be seized if it is not carrying original Vehicle Pass relevant to that vehicle or if a mike-set is attached to the vehicle. All Private Bus, Maxi Cab, Magic, Ape’, Auto, Taxi owners to be warned of the consequences and directed to insist on vehicle permit and not allow mike-set to be fitted by RTO. • Prevention of Works to Influence Voters: No civil / water supply / electrical works not being done by govt. authorities to be allowed. If found all machinery and implements to be seized and MCC case booked. All civil, electrical and bore-well contractors to be warned by EE PWD, EE PRED, EE MI, EE GESCOM, all Chief Officers.
  • 23. 4. Other Measures to Ensure Free, Fair, Orderly & Peaceful Polls: Special measures for vulnerable areas, border areas, key candidate areas, worry lists • Vulnerability Mapping – Objective is to prevent any undue influence on any section or part of the voting population to prevent them from exercising their franchise and to create an atmosphere of free exercise of choices through confidence building measures – RO to compile Vulnerable Part list – Inputs from ARO, SHOs and Sector Officers – Key aspects to be noted are : • Past incidents of Electoral Violence • State Border areas • Key Candidate Home Parts, Rowdy Lists & Candidate’s Worry Lists • SC/ST areas & Minority Pockets • 107 to 110 CrPC and Atrocity cases in the past • Previous instances of imposition of curfew / Riots • Existence of concentrated habitations of dominant castes • DEO & SP to prepare vulnerable areas action plan and initiate CBMs through Sector Officers, MCC Squads and SHOs • List to be shared with Observors • Sections within Vulnerable Part Nos to be identified for poll day vigilance & monitoring • Vulnerability to be major factor in determining Critical PS
  • 24. 5. MCC & Expenditure Monitoring: Structure Directions Predictive Intelligence Interceptive Actions
  • 25. 5. MCC & Expenditure Monitoring: Structure & Composition • EO = 1 Each for 90- Vijaynagar, 93 -Bellary, 94- Bellary City & 1 for 88 Hadgali, 89 HB Halli & 92 Siruguppa, 1 for 91 Kampli, 95 Sandur & 96 Kudligi. – Assisted by AEO, 1 for each LAC • Accounting Team : 1 Accountant + 1 SDC cum Computer Operator • DEO & Nodal Officer District Level MCC Team (CEO ZP) – Assisted by Video Viewing Team (PD DUDC + 1 SDC)+ MCMC • 1 Video Editor – Supported by Intelligence Gathering & Analysis Team (Additional SP+JCCT+DC Excise+RTO+LBM+24*7 Complaint Cell Cum Helpline) • 1 FDC + 1 Computer Operator – AC Level SST = ARO+VVT (EO TP / Chief Officer) • SDC + Computer Operator + Video Editor – AC Level Flying Squad = 1 Executive Magistrate + 1 VA / RI+1 Armed Constable + 1 Videographer • Check Post = 2+ Armed Constables + 1 Videographer • Hobli Level MCC Teams = DT / RI + 1 HG + 1 Videographer – GP/Ward Level MCC Teams = PDO/RO+VA+BLO+Anganwadi Worker+ Bill Collector + Gram Sahayak
  • 26. 5. MCC & Expenditure Monitoring: Functions • EO: Monitor Expenditure Admissible & Inadmissible & Limits of Former – AEO: Analyse Inputs from Raw Data, Intelligence, Complaints, Reports of AC Level SST and MCMC, Maintain Shadow Register & Folder of Evidence with assistance of Accounting Team and Report to EO • DEO & Nodal Officer District Level MCC Team (CEO ZP): Planning, Superintendence & Strategy – District VVT (PD DUDC): Examine all Newspapers, View Local Cable, Compile Video Reports & Report to MCMC & DEO through CEO ZP – MCMC: Analyze Reports of VVTs, receive Media/SMS Related Complaints, Permit Advertising Requests and Send Reports to AEOs – Intelligence Gathering & Analysis Team :(Additional SP+AC IT+JCCT+DC Excise+RTO+LBM): Gather Gifts & Commerce Data, Liquor Data, Vehicle Hire Data, Banking Data etc from Supply Side, Analyze and Strategize Response – 24*7 Complaint Cell Cum Helpline: Record & Transmit Complaints through Wireless / Telephone / E-mail – AC Level SST = ARO: Compile Intelligence Reports from Flying Squads, Sector Officers, Flying Squads, Hobli Level Teams & GP Level Teams – AC Level VVT: Examine all Local Newspapers, View Local Cable, Compile Video Reports & Report to AEO & CEO ZP through AC Level SST – AC Level Flying Squad : Compile Check Post Data and Intercept Electoral Offences / Corrupt Practices, Book Cases, Seize Contraband Material • Check Post: Search & Seize Contraband / Cash • Hobli Level MCC Teams: Prevent MCC Violations & Corrupt Practices, Videograph all political activity and prepare reports in given formats and video day end reports and submit to AC SST – GP Level MCC Teams: Circulate among villages & wards, Gather Information, Carry out videography of political events, enforce MCC, Educate voters about ethical voting and submit day-end report along with video CD to Hobli Level Team, in case of any MCC violation /corrupt practice, inform nearest Flying Squad / AC Level SST / Complaint Cell
  • 27. 5. MCC & Expenditure Monitoring: Methodology • Intelligence: Without Predictive Intelligence and Data Analysis, monitoring would be a futile & frustrating exercise • Data Mining, Data Sifting, Data Analysis : Raw data and information needs to be categorised, classified, analysed to predict behaviour and also to create evidence of events: • Step 1: Identification of ESCon, ESCan, ESPoc – Expenditure Sensitive Constituency :Based on Past Election Trends, Economic Status & General Popularity of Major Candidates, Recent Media Reports and Vulnerability of the Constituency: – Expenditure Sensitive Candidate : Economic Status & General Popularity of the Candidate, whether Candidate has business links, Criminal Case Record of Candidate, MCC Violations by Candidate and Recent Media Reports – Expenditure Sensitive Pockets : Dynamic scenario based on Media Reports, Worry Lists, MCC Violations and Seizures: Hospet City in 90 Vijaynagar, Cowl bazar, RadioPark, Chagnur, Moka, Rupangudi, Jalihal, Halkundi, Belgal, Honnalli in 93 Bellary, SRPuram Colony, Millerpet, BapujiNagar, Devinagar, Bislahalli, Mundargi in 94 Bellary, Kudligi Town & Khana Hosalli in 96 Kudligi, Sandur Town in 95 Sandur, Kampli Town & Kurugodu in 91 Kampli, Kottur Town in 89 HB Halli.
  • 28. 5. MCC & Expenditure Monitoring: Methodology • Step 2 : Establishing Check Posts & Criticality Analysis – Check Post Establishment based on data analysis & vulnerability – 40 Check Posts • 18 State Border Check Posts : with CRPF & Videography to control inflows • 16 Internal Check Posts : State Police & Excise / Forest / CT to control distribution of cash / liquor • 6 Airport, Helipad & Bus Stop Checks – Area Domination by CPMF : In vulnerable and ESCon / ESPoc areas to create a sense of uniformed presence to discourage corrupt practices • Step 3 : SVEEP IEC on Higher Voting Turn-out & Ethical Voting – IEC on Ethical Voting and Electoral laws: Alongside SVEEP to sweep away corrupt practices and appeal to the moral sense of voters. – Mobile Numbers of all MCC & Expenditure Monitoring Officers will be given wide publicity. • Step 4 : Expenditure & MCC Monitoring Network – Information Flow from GP to Hobli to AC to District & Data Flow from Supply Side – Videography at GP level, Hobli Level, Flying Squad Level – Multi-tasking to optimally utilize human resources – Complaint Receipt at District & Taluka Level – High Mobility Monitoring: Vehicles upto Hobli Level – Communication Network : Geo-locator Sims and Wireless
  • 29. 5. MCC & Expenditure Monitoring: Recording & Reporting • Video Recording : Event and Corrupt Practice Recording by PDO at GP level, DT at Hobli Level, Flying Squad and Check Post • Format based recording of events, activities at GP Level, Hobli Level, AC Level and District Level • Format based supply side recording of goods flow, cash flow and liquor flow • Format based reporting of persons & vehicles at Check Posts • Format based reporting of suspicious activities and persons at hotels, sabha bhavans, godowns, APMCs, Hostels, Religious Institutions – Shadow Observation Register of Daily Accounts of Candidate – Part A : Register for Maintenance of Day To Day Accounts, Part B: Cash Register, Part C: Bank Register – Abstract & Detailed Statements of Election Expenses – Folder Of Evidence
  • 30. 5. MCC & Expenditure Monitoring: Formats & Rate Lists • Maximum Limit : Rs 70 Lakhs – Separate Bank Account – All Payments Through Cheque Except Petty Cash Payment of Rs. 20000 to a single party • Formats: – DEO: Appeal To General Public On Ethical Voting – EO: 1. Preparedness Report For Expenditure Monitoring (Within 3 Days After Notification) 2. Preparedness Report (Within 3 Days After Withdrawal) 3. Expenditure Report After Completion of Poll 4. Final Report (1 Month After Result) – AEO: Daily Report Including Accounting, Video Surveillance, MCMC & VVT, Control Room & Complaint Cell, Flying Squad Inputs • Accounting Team – – Shadow Observation Register of Daily Accounts of Candidate – Part A : Register for Maintenance of Day To Day Accounts, Part B: Cash Register, Part C: Bank Register – Abstract & Detailed Statements of Election Expenses – MCMC Report & AC Level MMC Report by AC Level VVT – Daily Complaint Cell Report – Flying Squad: Daily Report On Seizure & MCC Complaints & Check Posts – AC Level VVT : Daily Video Highlights & MMC Report & Folder of Evidence – Hobli & GP Level Reports – Supply Side Intel Inputs From JCCT, DC Excise, RTO, AC IT, LBM
  • 31. 7. CONCLUSIONS • Work Impartially: Our Objective Is A Free, Fair, Clean Election. In a Fair Competition Nobody Should Cheat • Work Hard: A Few Sleepless Nights Can Improve The Nation’s Future Many Years • Work with Integrity and Fearlessness But Intelligence • Read all materials like Instructions on Expenditure Monitoring and be well informed about various laws and procedures • Cooperate with all and do your duty and beyond. Respond immediately to any information / SOS • Be decent and polite but firm and unyielding • Take Pride In Your Work, Be Result-oriented.