ACCOUNTS OF ELECTION EXPENSES

Supreme Court's Judgement dated 04.04.1996 in Writ Petition No.24 of 1995.

Election Commission's letter No. 76/EE/96-Jud.II, dated 7th April, 1996, addressed to the Chief Electoral Officers of all States and Union Territories.
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Subject:- Supreme Court's Judgement dated 4.4.1996 in writ petition No. 24 of 1995 (Common cause Vs. Union of India and others) relating to election expenditure.

I am directed to forward herewith a copy (with ........ spare copies) of the full text of judgment dated 4.4.1996 of the Hon'ble Supreme Court in the above matter.

2. A copy of the above judgment has been furnished to each political party, i.e., National, State and Registered-unrecognised parties. All observers appointed by the Commission have also been furnished with copies of the judgement. Copies of the letters written to them in this behalf are enclosed for your ready reference.

3. In terms of Article 141 of the Constitution, the pronouncement of the Hon'ble Supreme Court becomes the law of the lead and the above judgment is thus binding on every one, without exception.

4. Please peruse the whole of the above judgement. Your special attention is invited to the observations of Hon'ble Court from page 18 onwards and the rulings at pages 28-32 of the judgement.

5. You should apprise immediately all District Election Officers, Returning Officers, Assistant Returning Officers and other officers concerned with the conduct of elections, of the above judgment of the Hon'ble Supreme Court for their information, guidance and strict compliance.

6. Further, the District Election Officers should be instructed to furnish immediately to each contesting candidate an extent of the ruling of the Hon'ble Supreme Court at pages 28-32 of the judgement and an acknowledgement in token thereof obtained. A few copies of the judgment may also be kept at all media centres set up at the State and District levels for the benefit of those who want to study the full text of the judgment.

7. The receipt of this letter along with its enclosures may kindly be acknowledged urgently.

Copy of Election Commission's letter, No. 76/EE/96-Judl.II, dated 7th April, 1996.

addressed to (1) All Recognised National Parties, (2) All Recognised State parties, and (3) All Registered-unrecognised parties.

Subject:- Supreme Court's Judgment dated 4.4.1996 in Writ Petition No. 24 of 1995 (Common cause Vs. Union of India and others) relating to election expenditure.

Sir,

I am directed to forward herewith a copy of the full text of judgment dated 4.4.1996 of the Hon'ble Supreme Court in the above matter.

2. In terms of Article 141 of the Constitution, the pronouncement of the Hon'ble Supreme Court becomes the law of the land and the above judgement is thus binding on every one, without exception.

3. We request you kindly to peruse the whole of the above judgement. Your special attention is invited to the observations of Hon'ble Court from page 18 onwards and the rulings at pages 29-32 of the judgement.

4. You should apprise immediately all candidates and local units of your party of the contents of above judgment of the Hon'ble Supreme Court for their information, guidance and strict compliance.

5. The commission has directed that all political parties, whether recognized as National parties or State parties or registered-unrecognised political parties, should submit to the Commission, for its scrutiny, the details of the expenditure incurred or authorised by them in connection with the election of their respective candidates at the current general elections to the House of the People and State Legislative Assemblies and the by-elections.

6. The above details of expenditure should be submitted by all political parties as soon as may be after the current elections are over and in, any case, not letter than 5.00 p.m. on 31st July 1996. These details should cover all expenditure incurred or authorised by the parties from 19th March, 1996, i.e., the date on which the commission announced the programme for the current elections, and till the completion of elections in all the constituencies in which they have set up their candidates.

7. The expenditure should be classified under two main hands, namely, (1) expenditure incurred or authorised on general party propaganda, and (2) expenditure incurred or authorised in connection with the election of individual candidates. The expenditure under the head (2) should give break-up of such expenditure in respect of each candidate separately.

8. Further, the expenditure as classified under the two main heads mentioned above should be categorised under the sub-hands indicated in Annexure I hereto.

9. To enable the Commission to conduct a scrutiny of the expenditure incurred or authorised by the parties, they should also furnish to the Commission complete information on (i) the opening balance of the party funds as on 19.03.1996, (ii) total receipts of the party from all sources from 19.03.1996 till the completion of elections, and (iii) closing balance on the completion of all elections. These statements must be certified as to their correctness/completeness by an authorised office-bearer of the party.

10. The receipt of this letter along with its enclosures may kindly be acknowledged urgently.



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