Robust mechanism in place to check election expenditure, EC tells SC [Read Counter Affidavit]

NEW DELHI: The Election Commission has told the Supreme Court that it is seriously concerned about the increasing use of money power in polls and introduced a robust mechanism to curb excess or unaccounted expenditure.

"The Election Commission has time and again adopted various measures to curb the menace of money power in elections and will continue to do so in the future," it said in a written response.

To curb this menace, the EC has effectively and successively enforced the Election Expenditure Monitoring mechanism in the elections since the General Elections to Bihar Legislative Assembly, 2010. In order to keep the election expenditure within the statutory limit prescribed under Rule 90 of the Conduct of Election Rules, 1961 and also to curb excess expenditure/unaccounted expenditure, the Election Commission of India has introduced a robust mechanism for election, it added.

The response from the poll panel came in a PIL filed by Prabhakar Deshpande, an IIT graduate.

The petitioner sought a direction from the top court to the EC to come up with a comprehensive plan of action to curb excess election expenditures with stringent and effective provisions of action against the erring candidates and political parties.

He also asked the court to direct the EC to earnestly examine the election expenditures to bring credibility and democratic reforms.

In reply, the EC said such a mechanism already existed and it has substantially managed to curb excessive poll spending by candidates and political parties.

Among the measures, the constitutional body said it has put in place mechanism for election expenditure monitoring during elections which comprises deployment of expenditure observers, assistant expenditure observers, video surveillance teams, video viewing teams, accounting teams, complaint monitoring & call centre, media certification & monitoring committee, flying squads and static surveillance teams.

One of the reasons for seizure of more money is due to increased efforts and vigilance by the EC, it said.

Among other measures, the EC said each candidate has to open a separate account for poll expenditure and maintain a register for day to day expenditure.

"The Election Expenditure Statements of National Political Parties and State Recognised Political Parties are uploaded on website of the Election Commission of India and Chief Electoral Officer of State/UT concerned respectively," it said.

"Incurring or authorising of expenditure by a candidate in contravention of Section 77 of the Representation of the People Act, 1951 is a 'corrupt practice' under Section 123(6) of the Representation of the People Act, 1951," it added.

The EC also said it requisition services of all law enforcement agencies and deploy their teams for election expenditure monitoring in poll bound States and Union Territories.

It listed out law enforcement agencies viz State Police Department, State Excise Department, Director General of Income Tax (Inv.), Central Board of Direct Taxes, Central Board of Indirect Taxes & Customs, Narcotics Control Bureau, Directorate of Revenue Intelligence, Enforcement Directorate, Financial Intelligence Unit-India, Bureau of Civil Aviation Security, Department of Posts, Railway Protection Force, Central Industrial Security Forces, Border Security Force, Sashastra Seema Bal, Indo-Tibetan Border Police, Coast Guard, Assam Rifles etc, whose services are taken in its exercise.

[Read Counter Affidavit]