Section 5 in Haryana Municipal Election Expenditure (Maintenance and Submission of Accounts) Order, 2006
5. The election expenditure shall be maintained in accordance with the procedure laid down below.
(1)A register in a standard proforma as shown in Annuexure I to this order shall be issued to each candidate by the Returning Officer immediately after his nomination for keeping the day to day record of expenditure.(2)The register shall be duly authenticated by the Returning Officer at the time of issue.(3)All day to day account shall be faithfully recorded in this register and in no other document by the candidate or his agent authorised by him in this behalf.(4)All documents such as vouchers, receipts, acknowledgements etc. in support of the expenditure incurred shall be obtained from day to as the expenditure is incurred and maintained in the correct chronological order along with the aforesaid register.(5)(a)The day to day account maintained in the aforesaid register together with the supporting documents shall be made available for inspection at any time during the process of election by the Deputy Commissioner, Returning Officer, Election Expenditure Observer appointed by the Commission or any other such authority nominated by the Commission in this behalf.(b)Failure to produce this register on demand by the authority mentioned in (a) above will be considered as a major default.(6)(a)Each contesting candidate shall also maintain account of election expenditure in the Proforma as per Annexure III to this Order for showing the total expenditure on various items listed therein and shall within 30 days from the date of declaration of the result of the election lodged with the Deputy Commissioner or any other officer, in duplicate, as authorised by the State Election Commission by his election agent in the Proforma at Annexure III. The Deputy Commissioner or any other officer as authorised by the State Election Commission shall check account of election expenses and a copy of Election Expenditure Statement submitted by the candidates shall be sent to this Commission within seven days from the date of filing such account and the list of contesting candidates who had not submitted his account of election expenses in time and who has made excess expenditure beyond of expenditure limit fixed by the State Election Commission.(b)The Deputy Commissioner or the Officer authorised in sub-para(a) above shall, within 2 days from the date on which the account of election expenses have been lodged by a candidate under sub-para(a) above, cause a notice to be affixed to the notice board of his office specifying -(i)the date on which the account has been lodged;(ii)the name of the candidate; and(iii)the time and place at which such accounts can be inspected.(c)Any person shall on payment of a fee of Rs. 5 be entitled to inspect any such account and on payment of such fee as may be fixed by the State Election Commission in this behalf be entitled to obtain attested copies of such account or of any part thereof.(7)(a)While lodging the account of election expenditure the candidate shall file the prescribed register as a part of the record.(b)Each candidate while lodging the returns of his election expenditure shall also file an affidavit on oath as in Annexure-IV that the expenditure shown as nil, if any, on items listed in the Performa or left blank therein, has not been incurred by him, the affidavit will also clearly state that all election expenditure on listed items relating thereto has been completely and unexceptionally included in the return and there is nothing that has not been disclosed.(8)A register in a standard Proforma as shown in Annexure-II, Proforma as at Annexure-III and specimen of affidavit on oath as in Annexure-IV to this Order shall be issued to each candidate by Returning Officer after filing his nomination for keeping the day to day account of expenditure and for showing the total expenditure on various items.(9)Since the return of election expenditure filed by a candidate has to reflect "correct" account of "all" election expenses the Deputy Commissioner or the officer specified in sub-para (a) of para 6 above before accepting the account of the candidate as being in accordance with the manner prescribed, shall conduct such enquiry as he deems necessary and at the time of communicating his report to the Commission, certify to the Commission with reference to the documents filed before him and as verified by him through an appropriate enquiry that the statement of accounts is in the manner prescribed.(10)The Commission intends to super-check the authenticity of the returns filed through the above procedure and shall hold the candidate personally responsible for any lapse or misrepresentation.(11)Disqualification for failure to logde account of election expenses.If the State Election Commission is satisfied that a person :-(a)has failed to lodge an account of election expenses within the time and in the manner required under this order; and(b)has no good reason or justification for the failure, the State Election Commission shall by order published in the Official Gazette, declare him to be disqualified and may such person shall be disqualified for a period of three years from the date of the order.(12)These directions are absolutely mandatory and cannot be locally ordered or modified in any manner without prior written approval of the Commission. The Deputy Commissioner will not be competent to permit any relaxation.(13)Power of State Election Commission to issue instructions and directions :- The Sate Election Commission, Haryana has been authorized under sub-section (2) of Section 13E of the said Act to notify the particulars of the account to be maintained by the contesting candidate and has power to issue instructions and directions :-(a)in relation to any matter with respect to maintenance and submission of election expenditure return, by the contesting candidates, for which this order makes no provision or make, insufficient provision, and provision is in the opinion of the State Election Commission necessary for the smooth and orderly conduct of elections.(14)A copy of this order may be made available to the local unit of all recognised National and State Political Parties immediately, and a copy letter in Annexure-I to each candidate or the agent authorised by him at the time of his nomination (repeat nomination and not scrutiny of nominations) under acknowledgement.(15)This order may be given to the widest possible publicity through the quickest and all possible means.Annexure INo. ____________To________________________________.(name and address of candidate)Subject :- Maintenance of account of Election Expenses and lodging of true copy thereof.Sir/Madam,Your attention is invited to Section 13E of the Haryana Municipal Act, 1973 which stipulates that every candidate at an election, shall, either by himself or by his election agent, keep a separate and correct account of all expenditure in connection with the election between the date on which he has been nominated and the date of declaration of the result thereof, both dates inclusive.
