OBSREVERS

Guidelines for Election Expenditure Observers .

Election Commission's letter No. 76/OBS/96/PLN I, Dated : 7th April, 1996 addressed to

All Election Expenditure Observers.

Subject: General Elections to Lok Sabha and State Legislative Assemblies - Guidelines - Reg.

The Hon'ble Supreme Court in writ petition (Civil) No. 24 of 1995 Common cause Vs. Union of India and others has given its judgement on 4.4.96. A copy of the same is enclosed for your perusal.

2. Questions have been asked as to the role of the Election Expenditure Observers in the context of the aforementioned judgement.

3. It is clarified that the judgement renders your work even more important. The instructions contained in para 12 of `Guidelines for Election Expenditure Observers' will continue to apply. They are advised to make an independent estimate of the expenditure incurred itemwise by each contesting candidate on his own and on his behalf by any political party or by any other association or body of persons or by any individual (,) as provided for in Explanation (1) to Section 77(1) of the Representation of the People Act, 1951. The observers should reflect the details of these particulars, on the basis of their assessment, in their reports.

4. While making an independent assessment of the expenditure by the candidates, political parties and others, the following ruling of Hon'ble Supreme Court in the aforementioned case, interalia, may be kept in mind:-

``A political party which is not maintaining, audited and authenticated, accounts and has not filed the return of income for the relevant period, cannot, ordinarily, be permitted to say that it has incurred or authorised expenditure in connection with the election of its candidates in terms of Explanation 1 to Section 77 of the Representation of the People Act.

That the expenditure, (including that for which the candidate is seeking protection under Explanation 1 to Section 77 of the Representation of the People Act) in connection with the election of a candidate - to the knowledge of the candidate or his election agent - shall be presumed to have been authorised by the candidate or his election agent. It shall, however, be open to the candidate to rebut the presumption in accordance with law and to show that part of the expenditure or whole of it was in fact incurred by the political party to which he belongs or by any other association or body of persons or by an individual (other than the candidate or his election agent). Only when the candidate discharges the burden and rebuts the presumption he would be entitled to the benefit of Explanation 1 to Section 77 of the Representation of the People Act."

5. The Commission, while scrutinising the accounts of election expenditure filed by the candidates as required under law, will utilise the inputs furnished in the reports of the Election Expenditure Observers, and will take appropriate action.



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