The Indian Express (Delhi Edition)
CARRYING CASH DURING ELECTION SEASON: WHAT EC RULES SAY
EARLIER THIS week, a video of Tamil Nadu police seizing Rs 69,400 from some tourists went viral online. While the money was later returned, the incident has spotlighted the Election Commission’s (EC’S) stringent rules for carrying cash and other items around elections.
How does EC deal with ‘money power’ during elections?
The EC caps campaign expenditure at Rs 95 lakh per constituency in bigger states, and Rs 75 lakh per constituency in smaller ones. To ensure that campaigns do not exceed these limits, the EC, prior to every election, issues detailed instructions to police departments, railways, airports, the Income Tax (IT) department, and other enforcement agencies, to keep a strict vigil on the movement of cash, liquor, jewellery, drugs and gifts — anything which could be distributed during polls to influence voters.
Does EC have dedicated officers to tackle the issue?
Thee cap points expenditure observers for every district, alongside static surveillance teams (SST) and flying squads. The teams are headed by a Senior Executive Magistrate, and comprise a senior police officer, a videographer, and three-four armed police personnel. Surveillance teams put up checkposts on roads, and are supposed to videograph the entire checking process. The final 72 hours before polling, sees enhanced enforcement.
What are the rules for carrying cash and other items?
Authorities are supposed to “instantaneously report to the IT Department” anyone carrying cash worth more than Rs10 lakh, or more than 1 kg in bullion. Cash or bullion can be seized till verification is completed, in order to ensure that it is not related to any political party or candidate.
If a vehicle carrying a candidate, her agent or a party worker is found with over Rs 50,000 in cash, drugs, liquor, arms, or gift items worth more than Rs10,000, then the items will be instantly seized. If during checking, there is any suspicion of a crime, the seizure will bed one under the criminal Procedure Code (CRPC). When it comes to carrying liquor across state borders, the excise laws of the respective state apply.
What happens after a seizure?
In case any cash or other items are seized, authorities are meant to return them if they are not related to any candidate or a crime. A district-level committee looks at grievances, “in order to avoid inconvenience to the public and genuine persons”. The Committee, comprising the district election office’s nodal officer for expenditure monitoring, and the district treasury officer, shall suo motu examine each case of seizure where no FIR/ complaint has been filed, or where the seizure is not linked with any candidate, political party or election campaign.