Money Power in Money Power in ElectionsElections

The spirit of democracy is not a mechanical thing to be adjusted by abolition of forms. It requires change of hearts. Democracy is something that gives the weak the same chance as the strong.

Mahatma Gandhi

Money Power in Elections

Without Money, Multi-party democracy cannot function

Risks of Money Power:

Uneven Playing field and lack of fair competition

Political Exclusion – Certain sectors face disadvantage

Co-Opted politicians under campaign debts

Tainted Governance and Rule of Law undermined

Foreign funding may destabilise the Polity3

Types of election expenditure

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Expenditure permissible under the law [ public meetings, posters, banners, vehicle, Advertisement etc.]

Illegal election expenditure [Distribution of money, liquor or any other item among electors with the purpose of influencing them]

Expenditure incurred is to be within the ceiling prescribed by law

Such type of expenditure is not reflected in the account of election expenses of the candidate

Election expenditure can be classified into two types on the basis of legal provisions

Innovative methods

• As per ADR reports, 80% of candidates show expenditure up to 50% of the ceiling

• Cash expenditure for bribe to voters( Morning news paper, milk pouch, roof top of bus, door panel of car, bonnet of car, ambulance, police van, helicopter, Adatiyas, Pawn Broker, SHG and NGO, Community feast, Liquor and drugs)

• Paid News and media advertisements

Bihar Experience

• Paid News cases 121 cases and about 14 cases reported to PCI

• No violence • Higher Turn out

Recent experience• Tamil Nadu: 8 Writ petitions and Counter

petitions by Civil Socirty organisationsTotal seizure of cash and goods Rs. 60 cr

Punjab and UP: Cash seizure Rs.12.13 cr in Punjab

and Rs 37.46 cr in UP,Liquor and drugs:

In Punjab: liquor 3.57 lakh litre, Heroin 53.50 kg (3.79 kg smack,102.94 kg opium,2702.6 kg poppy husk,22.80 kg drug powder )In UP: liquor 3.56 lakh litre

Paid News Cases in UP & Punjab

• In UP 42 cases of suspected paid news were reported.

• In Punjab 523 cases of suspected paid news were reported.

Jharkhand RS election

Judgment of Jharkhand High Court:“….it is the only step of such great

consequence taken by the ECI after independence of our country and in our opinion, the decision is fully supported by reason and based upon cogent and trustworthy evidence, though limited to purpose, so as to not to give chance to any person to enjoy high status of being member of parliament.”

New Strategies:

Election Expenditure Monitoring in Recent Assembly elections

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Change the Out-dated Procedures (COP)

•Rationalise the ceiling of Expenditure•Expenditure register formats changed•Cash register and Bank register•Source of the funds are to be mentioned•Details of notice issued and replies during

election process•Affidavit forms changed to show

– the actual value and addition to the asset–Last return filed and Income shown–PAN of self, spouse with summary statement

Revisit the Legal provisions (RLP)

•Article 324 of Indian constitution•Sec 77-79 and Sec 10A of RP Act 1951•Sec 127 and 171 of IPC•Case laws

–Sivram Gowda case–Kanwarlal Gupta case–Common Cause case

Susceptible Area Management (SAM)

• Expenditure Sensitive Constituencies

• More Expenditure Observers and Asst exp. Observers

• Police Observers• CPF in Static surveillance teams• More Flying Squads and Video

Surveillance Teams

Capture the evidence (CTE)

• Folder of evidence• Shadow Observation Register• Videograph major events and

Expenditure• Capture all media advertisements• To make the candidates aware of the

expenses during inspection • Disclosure and Transparency

Watch out Cash (WOC)•Separate bank account for the election expense•Static Surveillance Teams, Flying Squads, Video

Surveillance Team

•Associating Income Tax Department and Air Intelligence Units at Airports

• Involving BCAS for implementing frisking in airports

•FIU reports on cash withdrawal•Cash withdrawal reports from bank•Political Parties and leaders advised not to carry

cash in the constituency

Watch Out Media (WOM)•Media expense constitute about 40% of

illegal expense•MCMC in each district with PCI nominee•Notice to candidate for any advertisement

in media•Paid News, Surrogate Advertisements,

Party aligned news•Media to submit copies of declaration from

the candidates for the advertisements

Ear to the Ground (ETG)•Toll free Number for receiving complaint from

the public and civil Society and Complaint Monitoring centre in each district

•Complaint register maintained and Feed Back reports monitored

•Toll free Number by Investigation wing of Income Tax Deptt.

•Media report as a formal complaint complaint•Contact Numbers of Exp. Observers advertised•Associating the NGOs to inform malpractices

Orient the Voters (OTV)•SVEEP for ethical voting•Advertisement through media that the

taker and giver will be punished• Involving college and school students to be

the agents for change and prevail over their parents

• Involving NGOs and citizen forum to spread anti-bribe message

•Developing slogans and cartoons against bribe to electors

Orient the Stakeholders (OTS)

• Meeting with Political Parties• Meeting with candidates• Separate Agent for Exp. Monitoring• Training of the agents (Twice)• Meeting with Media houses• Training of the officials• Training of the law enforcement

agencies

Discretion to the Executives (DTE)

•To watch out Kalyan Mandap bookings•To watch out community kitchens•To oversee excess deposit or withdrawal of

cash by NGO and SHGs•To accord permission for helicopter landing

after obtaining the passenger manifest and details of payments for the craft

•Daily monitoring of liquor production and distribution in the district and sealing the border

Punish the Guilty (PTG)

•Steps taken to disqualify the candidates who did not show the correct income

•Umlesh Yadav case•Ashok Chauhan case•Madhu Kora case•Jharkhand Rajyasabha election•Action against Paid news

Issues to curb Money power

•Cash economy•Transparency of Fund raising by Political

Parties and ceiling for Party expenditure•Legal change for auditing by panel of

auditors of ECI and to publish annually the audited accounts

•Legal change for making Bribery a cognizable offence

•Role of Civil Society Organisations to spread the message among the voters

THANKSTHANKS