Political Career for Indian Youth- Contesting for Elections- FAQ4

Political Career for Indian Youth- Contesting for Elections- FAQ

Q 32. What is the limit of such expenditure for an assembly constituency in these bigger States?

Ans. The limit of election expenditure for an assembly constituency in the above bigger states is Rs. 10 lakhs.

Q 33. What was the limit for the Parliamentary and Assembly constituencies in the above States at the time of the last general election in 1999?

Ans. The limit of election expenses in the above bigger states at the time of 1999 general election was Rs. 15 lakhs for a Parliamentary constituency and Rs. 6 lakhs for an assembly constituency.

Q 34. Are these limits uniform for all States? If not , can you tell the lowest limit for a parliamentary constituency at present?

Ans. No

The maximum limits of election expenditure vary from State to State. The lowest limit at present for a parliamentary constituency is Rs. 10 lakhs for the constituency of Dadra and Nagar Haveli, Daman and Diu and Lakshadweep.

Q 35. Are the candidates required to file any account of election expenses?

Ans. Under section 77 of the R.P.Act, 1951, every candidate at an election to the House of the People or State Legislative Assembly is required to keep, either by himself or by his election agent, a separate and correct account of all expenditure in connection with the selection incurred or authorised by him or his election agent between the date on which he has been nominated and the date of declaration of result, both dates inclusive. Every contesting candidate has to lodge a true copy of the said account within 30 days of result of the election.

Q 36. Who is the authority to whom such account is to be lodged?

Ans. In every state the account of election expenses shall be lodged by a contesting candidate with the District Election Officer of the district in which the constituency from which he contested lies. In the case of Union Territories, such accounts are to be lodged with the Returning Officer Concerned.

Q 37. If a Candidate is contesting from more than one constituency, is he required to file separate accounts or only one consolidated account?

Ans. If a candidate is contesting from more than one constituency, he has to lodge a separate return of election expenses for every election which he has contested. The election for each constituency is a separate election.

Q 38. What is the penalty if a candidate does not file his account of election expenses?

Ans. Under section 10A of the RP Act, 1951, if the Election Commission is satisfied that a person has failed to lodge an account of election expenses with the time and in the manner required by or under that Act and he has no good reason or justification for the failure, it has the power to disqualify him for a period of 3 years for being chosen as, and for being, a member of either House of Parliament or the Legislative Assembly or Legislative Council of a State.

Q 39. What is the deadline after which no public meetings and processions can be taken out?

Ans. As per Sec. 126 of R. P. Act, 1951, no public meetings and processions can be taken out during the period of 48 hours ending with the hour fixed for the conclusion of poll.

Q 40. On the day of poll, can any one vote in the name of another person, even with his consent?

Ans. No. On the day of poll no one can vote in the name of another even with his consent. If he does so it would amount to impersonation which is an offence under Section 171 D of Indian Penal Code. The offence is punishable with imprisonment of either description which may extend to one year or with fine or both.

Q 41. Can any one vote more than once, even if his name is included (wrongly) at more than one place?

Ans. No. No one can vote more than once even if his name is included at more than one place. If he does so he will be guilty of impersonation which will be punishable as above.

Q 42. If you go to your polling station and find that some body else has impersonated for you and already voted in your name, can you vote in such circumstance?

Ans. Yes. If a person finds that someone else has already voted in his name, then also he will be allowed to vote. But his ballot paper will be marked as a Tendered Ballot Paper by the Presiding Officer. This will be kept separately in the prescribed cover, as per Rule 42 of the Conduct of Elections Rules, 1961.