The police play a crucial role in maintaining law and order throughout the election process.
Their duties are defined under various sections of the Representation of the People Act, 1951,
and the Conduct of Election Rules, 1961, ensuring free, fair, and peaceful elections
By enforcing the law impartially, protecting voters and election personnel, and ensuring the
security of polling materials, the police play a key role in upholding democracy. Their
vigilance ensures that elections remain free, fair, and peaceful
……
The Election Commission has designated various officials and teams, each with a specific
role in monitoring campaign expenses, enforcing legal compliance, and tracking violations
such as paid news and unaccounted spending.
Expenditure Observer (EO) – Oversight & Compliance
✔ Oversees 1 to 5 Assembly Constituencies and coordinates with enforcement agencies.
(Para 1)
✔ Must arrive on the day of election notification and conduct an initial review within three
days. (Para 1.1.1)
✔ Ensures proper functioning of Assistant Expenditure Observers (AEOs), Flying Squads,
and Video Surveillance Teams. (Para 1.1.1)
EO to supervise and guide all the election expenditure monitoring personnel engaged in the
constituency and guide the DEO in imparting final training to all the expenditure monitoring
personnel
EO to leave the constituency only after submitting a report on poll preparedness.
EO to inspect the expenditure register of each candidate at least three times during the
campaign period and give his comments on the discrepancies and must ensure that the gap
between two inspections is at least three days and the the last inspection is conducted no
earlier than three days before the polling day to cover major campaign expenses.
In case of any understatement of expenditure is found in a candidate’s register, EO to record
remarks in the candidate’s register and sign the register as proof of inspection and ensure the
discrepancy is also recorded in the Shadow Observation Register and obtain the signature of
the election agent or candidate and must report discrepancies to the Returning Officer (RO)
on the same day for immediate action.
EO to assess the performance of the Assistant Expenditure Observer (AEO); if unsatisfactory,
request a replacement from the District Election Officer (DEO).
✔ Reports instances of Paid News to the Media Certification and Monitoring Committee
(MCMC). (Para 1.3.2)
EO to also furnish reports on deployment of Election Expenditure Monitoring teams,
Seizures and inspection of candidates’ accounts, Strategy for the last 72 hours before the poll,
Participate in a Video Conference (VC) with the Commission as per the prescribed schedule
Assistant Expenditure Observer (AEO) -
Trains candidates and their agents on how to properly maintain election expenditure
records. (Para 2.2)
✔ Reviews video footage, complaints, and reports related to campaign spending. (Para
2.4)
✔ Monitors Shadow Observation Registers & Folder of Evidence to track expenditure
violations. (Para 2.4)
✔ Ensures Flying Squads act promptly on complaints and reports failures to the EO. (Para
2.4)
✔ Works with MCMC to monitor election-related advertisements and paid news. (Para
2.7)
3. VIDEO SURVEILLANCE TEAMS
✔ Each Assembly Constituency/Segment must have at least one VST deployed to
monitor election activities. (Para 3.1)
✔ AEO must personally supervise the videography of sensitive events and large public
rallies. (Para 3.1)
✔ VST must prepare a Cue Sheet (Annexure-B15) for every recorded video and submit it
along with the CD to the Video Viewing Team. (Para 3.4)
✔ Each video CD must have a Unique ID, recording date, and details of the recording
officer for easy reference. (Para 3.4)
4. ideo Viewing Team (VVT) – Reviewing Recordings for Violations
✔ Each Assembly Constituency/Segment must have a VVT to analyze election-related
videos. (Para 4)
✔ Video recordings must be processed in-house to prevent any tampering or manipulation.
(Para 4)
✔ Videos cannot be given to any external agency for editing or modification. (Para 4)
✔ VVT reviews recordings daily to detect election expenditure violations and Model Code
of Conduct (MCC) breaches. (Para 4)
✔ Findings must be reported to the Accounting Team/AEO on the same day or within
24 hours. (Para 4)
5. Accounting Team (AT) – Monitoring Candidate Expenditure
✔ Works under the Assistant Expenditure Observer (AEO) to maintain:
Shadow Observation Register (SOR)
Folder of Evidence (FOE) (Para 5.4)
✔ Monitors political party expenditures from the date of election announcement
until polling/re-polling day. (Para 5.4)
✔ Assists in the preparation of:
District Election Officer (DEO) Scrutiny Report
Expenditure Observer’s Report (Para 5.4)
✔ Maintains expenditure records separately for each candidate and submits them to
the AEO Headquarters in the Assembly segment. (Para 5.5)
6. Complaint Monitoring Control Room & Call Centre – Public Grievance Redressal
✔ A 24×7 Call Centre is set up at the district level under the control of a senior officer.
(Para 6.1)
✔ The officer in charge forwards complaints to the appropriate officer or Flying Squad
for immediate action. (Para 6.1)
5️⃣ Media Certification & Monitoring Committee (MCMC) – Detecting Paid News
✔ If MCMC identifies any advertorial or paid news in print media, it must:
Report it to the Expenditure Observer. (Para 7.2)
Place a copy in the Folder of Evidence (FOE). (Para 7.2)
Flying Squads (FS) – Rapid Response Teams
✔ Each Assembly Constituency/Segment will have at least three Flying Squads to track
illegal cash, liquor, and other items used to influence voters. (Para 8, PART B)
✔ Flying Squads operate from the date of election announcement until polling day. (Para
8, PART B)
✔ Team Composition: (Para 8, PART B)
One Senior Executive Magistrate (Team Head)
One Senior Police Officer
One Videographer
Three to four armed police personnel
✔ Resources Provided: (Para 8, PART B)
Dedicated vehicle, mobile phone, video camera, Panchnama documents for
seizure of cash/goods.
✔ Seized cash will not be counted as election expenditure until the court gives a
final ruling. (Para 8, PART B)
✔ Reports must be submitted through ESMS until elections are completed in the
entire State/UT and neighboring regions. (Para 8, PART B)
Static Surveillance Teams (SST) – Checkpoint Enforcement
✔ At least three SSTs per Assembly Constituency, each consisting of: (Para 8, PART B)
One Magistrate
Three to four Police Personnel
✔ Role of SSTs: (Para 8, PART B)
Set up checkposts to monitor cash movement, liquor distribution, suspicious items,
and illegal arms.
Videograph all inspections and change checkpoint locations periodically for surprise
inspections.
✔ Operations continue until polling/re-polling day following SOPs from 29th
May 2015 (Annexure-G7, Annexure-B20, Annexure-B18)
Expenditure Monitoring Cell – Centralized Oversight
✔ The DEO appoints a Nodal Officer (not below SDM/ADM rank) to oversee expenditure
monitoring. (Para 9, PART B)
✔ The cell consists of all expenditure monitoring teams and the Nodal Officer. (Para 9,
PART B)
✔ Responsibilities: (Para 9, PART B & Para 11(e), PART B)
Train all election monitoring personnel.
Videograph all public meetings/rallies of political parties and candidates.
Calculate and track campaign expenditures using video footage and submit reports
to the DEO.
Nodal Officers – Coordination & Reporting
🔹 Nodal Officer in CEO Office
✔ A Joint CEO-level officer coordinates with the Election Commission, DEOs, and other
monitoring teams. (Para 11, PART B)
✔ Collects and compiles all seizure data in Annexure B-7, C3, and submits reports to the
Commission. (Para 11, PART B)
🔹 Nodal Officer of Police
✔ Inspector General (IG) level officer coordinates with Flying Squads, SSTs, and law
enforcement agencies. (Para 11, PART B)
✔ Trains master trainers at the district level, who then train FS/SST personnel. (Para 11,
PART B)
✔ Compiles daily seizure reports from FS and SSTs and submits Annexures B8, B9, B10,
and C4. (Para 11, PART B)
)
🔹 Nodal Officer of Income Tax
✔ Appointed by the DGIT (Investigation Wing) (rank of Addl./Joint DIT). (Para 11,
PART B)
✔ Shares intelligence with the Election Commission and CEO. (Para 11, PART B)
✔ Reports all financial violations in Annexures B11 & C5. (Para 11, PART B)
🔹 Nodal Officer of Excise
✔ Excise Commissioner-level officer monitors illegal liquor seizures. (Para 11, PART B)
✔ Submits reports in Annexure B12 & C6 on liquor distribution violations.
ESMS – Expenditure Surveillance Monitoring System
DGIT – Director General of Income Tax (Investigation)
The deployment of Flying Squads, Static Surveillance Teams, and specialized Nodal Officers
ensures that election laws are strictly enforced. Their coordinated efforts prevent corrupt
practices and protect the integrity of free and fair elections.
Government officials play a crucial role in ensuring free and fair elections. However, the law
places strict restrictions on their conduct to maintain impartiality and protect the integrity of
the electoral process. Let’s look at key legal provisions that govern their role during elections.
1️⃣ Secrecy of Voting – Section 128, RPA 1951
All officers on election duty must uphold the secrecy of voting and cannot disclose
any related information that could compromise this confidentiality, except as
permitted by law and any person who contravenes the same
Violation of this rule is punishable with imprisonment of up to 3 months or a fine, or
both.
2️⃣ Prohibition on Influencing Voters – Section 129, RPA 1951
Election officers, including police personnel, must remain neutral and cannot act in
or attempt to influence, persuade or dissuade voters to vote favor of any candidate
3️⃣ Breach of Official Duty – Section 134, RPA 1951
Government servants guilty of breach of election duties can be fined up to ₹500.
However, no legal proceedings for damages can be initiated against them for such
breaches.
4️⃣ Government Servants Acting as Agents – Section 134A, RPA 1951
A government servant cannot act as an election agent, polling agent, or counting
agent for any candidate.
Violation of this rule can lead to imprisonment for up to 3 months, a fine, or both.
5️⃣ Electoral Offenses by Officials – Section 136, RPA 1951
Any government official found guilty of electoral misconduct can face up to 2 years in
prison, a fine, or both.
