11-Feb-2022: Expenditure limit for Elections
The Election Commission of India (ECI) has informed that a committee was formed comprising of Shri Harish Kumar, Retd. IRS Officer, Shri Umesh Sinha, Secretary General, ECI, Shri Chandra Bhushan Kumar, Senior Deputy Election Commissioner, ECI and DG (Expenditure) to study the cost factors and other related issues, and make suitable recommendations. The ECI has accepted the recommendations of the Committee and sent its recommendations to the Government.
The Government vide its notification S.O. 72(E), dated the 6th January, 2022, enhanced the maximum limit of candidates' election expenses as prescribed under rule 90 of the Conduct of Elections Rules, 1961 and the same has been forwarded by the Commission to CEOs of all States/UTs with the request to bring it to the notice of all District Electoral Officers, Returning Officers, other election authorities concerned and political parties.
The ECI has stated that they are seriously concerned about the menace of Money Power' which disturb the level playing field in elections. The ECI has taken several steps to monitor the election expenses of the contesting candidates and issued comprehensive guidelines in the past and updated in "Compendium of Instructions on Election Expenditure Monitoring (October, 2021)” which is available on Commission's website and also issued for ongoing General Elections to Legislative Assemblies of 5 States of Uttar Pradesh, Punjab, Uttarakhand, Manipur and Goa. In order to keep election expenses within the ceiling prescribed by the law, (the Conduct of Elections Rules, 1961) and also to maintain level playing field among candidates. The ECI has directed to maintain the day-to-day account register in the prescribed manner and to get it inspected before the election authorities 3 times during election period. The ECI has prescribed the Shadow Observation Register to keep records of major expenses of the candidates by the election authorities and reporting thereof in case of discrepancy viz. under reporting of expenses etc. noticed by them to the candidates for corrective measures. The appointment of Expenditure Observers, Assistant Expenditure Observers, Video Surveillance Teams & Video Viewing Teams, Accounting Teams, Complaint Monitoring & Call Centre, Media Certification & Monitoring Committee on Paid News, deployment of Flying Squads and Static Surveillance Teams for Election Expenditure Monitoring. The ECI has also prescribed Standard Operating Procedure for Flying Squads and Static Surveillance Teams vide its Order no. 76/Instructions/EEPS/2015/Vol. dated 29.05.2015 to keep vigil over unaccounted money and also to keep vigil over money and other illicit items which may vitiate level playing field. The ECI has directed that Election Expenditure of the Candidates shall be done through the dedicated bank account opened for election expenses purpose by the candidate through electronic mode in case amount exceeds Rs.10,000/-.
The ECI has requisitioned the services of various enforcement agencies viz. CBDT, CBIC, DGIT (Inv.), State Excise Department, State Police Department, Narcotics Control Bureau, DRI, ED, FIU-IND, BCAS, RPF, Department of Post, BSF, SSB, ITBP, Coast Guard, Assam Rifles to facilitate effective monitoring of election expenditure. Besides, enforcement of Model Code of Conduct helps to maintain level playing field on ground. The ECI has created IT tools like 'SUVIDHA' to facilitate permission for campaign on first-cum-first serve basis. Also, the ECI has directed the CEOs to make available facilities for campaign on an equitable basis. The ECI has doubled the allocated time for campaign on Door Darshan and AIR for all recognised parties.
The ECI has been taking several measures to prevent money power in elections. It is mentioned that various monitoring mechanisms are put in place during election to monitor day-to-day election expenditure incurred by the candidate and to check influence of voters by distribution of cash, liquor, drugs etc. General, Police & Expenditure observers, who are senior officers from the civil services are appointed to keep a watch on the entire election process.
14-Jan-2022: Registration of political parties under Section 29A of the Representation of the People Act, 1951 – Public Notice Period – regarding
Registration of Political parties is governed by the provisions of Section 29A of the Representation of the People Act, 1951. A party seeking registration under the said Section with the Commission has to submit an application to the Commission within a period of 30 days following the date of its formation as per guidelines prescribed by the Commission in exercise of the powers conferred by Article 324 of the Constitution of India and Section 29A of the Representation of the People Act, 1951. As per existing guidelines, the applicant association is, inter-alia, asked to publish proposed Name of the party in two national daily newspapers and two local daily newspapers, on two days for submitting objections, if any, with regard to the proposed registration of the party before the Commission within 30 days from such publication. Notice so published is also displayed on the website of the Commission.
The Commission has announced the General Elections for the Legislative Assemblies of Goa, Manipur, Punjab, Uttarakhand and Uttar Pradesh, 2022 on 8th January, 2022. It has been brought to the notice of the Commission that in view of prevailing restrictions on account of Covid -19, there was dislocation and delay in moving applications for registration, which in turn led to delay in registration as a Political Party. During General Election to Legislative Assembly of Bihar, Assam, Kerala, Puducherry, Tamil Nadu and West Bengal also, the Commission relaxed this notice period in view of ongoing pandemic. Therefore, after considering all aspects of the matter, the Commission has given a relaxation and has reduced the notice period from 30 days to 7 days for the parties who have published their public notice on or before 08.01.2022. For all parties, including of those parties which have already published the Public Notice in less than 7 days prior to 08.01.2022, objection, if any, can be submitted latest by 5.30 PM on 21st January, 2022 or by the end of the originally provided 30 days period, whichever is earlier.
2-Mar-2021: Registration of Political Parties under section 29A of the Representation of the People Act, 1951- Public Notice Period
Registration of political parties is governed by the provisions of section 29A of the Representation of the People Act, 1951. A party seeking registration under the said section with the Commission has to submit an application to the Commission within a period of 30 days following the date of its formation as per guidelines prescribed by the Commission in exercise of the powers conferred by Article 324 of the Constitution of India and Section 29A of the Representation of the People Act, 1951. As per existing guidelines, the applicant association is, inter-alia, asked to publish proposed Name of party in two national daily newspapers and two local daily newspapers, on two days for submitting objections, if any, with regard to the proposed registration of the party before the Commission within 30 days from such publication. Notice so published is also displayed on the website of the Commission.
The Commission has announced the General Elections for the Legislative Assemblies of West Bengal, Assam, Tamil Nadu, Kerala and Puducherry on 26.02.2021. It has been brought to the notice of the Commission that in view of prevailing restrictions on account of Covid-19, there was dislocation and delay in moving applications for registration, which in turn led to delay in registration as a political Party. Therefore, after considering all aspects of the matter, the Commission has given a relaxation and has reduced the notice period from 30 days to 7 days for the parties who have published their public notice on or before 26.02.2021. For all parties, including of those parties which have already published the public Notice in less than 7 days prior to 26.02.2021, objection, if any, can be submitted latest by 05.30 P.M on 02.03.2021or by the end of the originally provided 30 days period, whichever is earlier.
This relaxation will remain in force till 19.03.2021 the last date of nomination for the General Election to the Legislative Assemblies of Assam, Tamil Nadu, Kerala and Puducherry and 07.04.2021 for West Bengal (the last date of nomination for the General to the Legislative Assembly of West Bengal).
10-Jan-2019: Report of the Committee on Section 126 of the Representation of the People Act, 1951 Submitted to The Commission
The task of maintaining campaign silence during last 48 hours before the conclusion of polling is becoming increasingly onerous in the light of the increasing influence of digital media. So, apart from the regulation by law and ECI instructions, the resolve, proactive support and sustained effort by all stake holders which include political parties, media, civil society organizations, academia and educational institutions, the youth and citizens at large, will remain necessary to contain the evil impact.
The Committee constituted under the chairmanship of Sr. Deputy Election Commissioner Sh. Umesh Sinha to review and suggest modifications and changes in the provisions of the Section 126 and other sections of the Representation of the People Act 1951, provisions of Model Code of Conduct and any other ECI instruction in this regard has submitted its report to the Commission.
The Committee had the following scope of work:
(a) Study and examine the present provisions of the Section 126 and other related Sections of the Representation of the People Act, 1951 and identify difficulties/critical gaps to regulate the violation of the said provisions of the act, particularly during the prohibitory period of 48 hours before the completion of the poll, mentioned in section 126 and suggest necessary amendment/modification.
(b) Examine the type, category or growth of communication technology or media platform in the country and difficulties in regulating these media platforms during multiphase election when prohibitory period of 48 hours are in force.
(c) Impact of new media platforms and social media during the prohibitory period of 48 hours before the close of poll and its implication in view of the provisions of section 126.
(d) Examine the present provisions of Model Code of Conduct (MCC) related to the above issues and suggest modification in this regard.
The Committee set up by the Commission included the representatives of Ministry of Information & Broadcasting, Ministry of Electronics & Information Technology, Ministry of Law & Justice, Press Council of India, News Broadcasters Association apart from senior officers of the Commission.
The Committee had detailed consultations with all major stakeholders including various political parties, nominees/ representatives of the Press Council of India (PCI), the News Broadcasters Association (NBA), the Internet and Mobile Association of India (IAMAI), the Ministry of Information and Broadcasting, the Ministry of Electronics and Information Technology (MeitY) as well as representatives of several intermediaries and technology companies including Facebook, WhatsApp, YouTube, Twitter, and Google. The Committee also had several rounds of discussions and consultations with the legal and other divisions within the ECI.
The recommendations made by the Committee, when implemented (after adoption by the ECI with necessary modification or additions), will help in minimizing the possible interference of activities which aim at indirectly influencing voters during the valuable silence period of 48 hours provided to them. The recommendations of the Committee will be considered by the Commission in detail for follow up action.
23-Jul-2021: Qualifications for Candidates of Panchayats
Panchayat’, being ‘Local Government’, is a State subject and part of Seventh Schedule of the Constitution of India. Further, Article 243C (1) of the Constitution of India provides that legislature of a State may, by law, make provisions with respect to the composition of Panchayats. Accordingly, basic requirements for candidature of Sarpanch and members of a Panchayat are governed by the respective Panchayati Raj Acts and rules subject to the provisions of the Constitution.
The disqualification for being chosen as, and for being, a member of a Panchayat is governed by Article 243F of the Constitution, which inter-alia provides for disqualification under any law made by the legislature of the State. Accordingly, the conditions for disqualification including that of having more than two children may vary from State to State
‘Panchayat’, being ‘Local Government’, is a State subject and part of Seventh Schedule of the Constitution of India. All Panchayat related matters, including financial and other benefits available to Sarpanch and other Panchayat members are governed by the respective Panchayati Raj Acts and rules.