Lok Sabha Question No. 172 (UNSTARRED), answered on 2016-11-16
Subject: Use of Drugs and Liquor in Polls
Ministry: LAW AND JUSTICE
Asked by: DHARAM VIRA GANDHI

## GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE LEGISLATIVE DEPARTMENT

## LOK SABHA

## UNSTARRED QUESTION NO. 172

## TO BE ANSWERED ON WEDNESDAY, 16 th  NOVEMBER, 2016

## USE OF DRUGS AND LIQUOR IN POLLS

## 172. SHRI DHARAM VIRA

Will the Minister of LAW AND JUSTICE be pleased to state:

- (a) the measures taken by the Government and Election Commission to prevent use of drugs, liquor and money in polls and ensure free and fair elections in India especially in the upcoming election in Punjab; and
- (b) the details of such incidents in the past and the reaction of the Government thereto?

## ANSWER

## MINISTER OF STATE FOR LAW AND JUSTICE AND ELECTRONICS AND INFORMATION TECHNOLOGY (SHRI P.P.CHAUDHARY)

(a)& (b): A statement is laid on the Table of the House.

## STATEMENT REFERRED TO IN RESPECT OF PART (a) to (b) OF THE LOK SABHA UNSTARRED QUESTION No. 172 DATED 16 TH  NOVEMBER, 2016

(a) The Election Commission has stated that they are seriously concerned about the increasing  use  of  drugs,  liquor  and  money  power  in  elections.  The  Commission keeping in view of forthcoming General Elections to the Legislative Assemblies of Uttar  Pradesh,  Uttarakhand,  Punjab,  Manipur  and  Goa  has  taken  the  following measures: -

1.  'Compendium  of  Instructions  on  Election  Expenditure  Monitoring  has  been issued to Chief Electoral Officers of all poll bound states including Punjab with the following salient features: -
2. (a)  Appointment  of  Expenditure  Observers  and  Assistant  Expenditure  Observers; deployment  of  Flying  Squads  and  Static  Surveillance  Teams  to  keep  vigil  over movement  of  cash  linked  with  candidates  or  political  parties,  or  items  of  bribe meant  for  inducement  of  electors,  including  liquor  and  other  illicit  items  during elections and their seizure
3. (b) Constitution of Media Certification and Monitoring Committee to keep a watch on media advertisements and suspected cases of paid news
4. (c) Maintenance of Shadow Observation Register and Folder of evidence in respect of each contesting candidate;
5. (d) Video Surveillance Teams to oversee major items of expenditure;
6. (e) Opening of separate bank account by the candidate for the purpose of election expenses and involving the Income Tax Department to keep vigil over movement of cash through the airports, hotels, financial brokers etc. in the Constituency during election process.
7. (f)  The  Commission  has  also  issued  instructions  to  all  candidates  and  political parties  to  avoid  cash  transactions  during  election  process.  It  asked  all  political parties  not  to  incur  expenditure  in  cash  above  Rs.  20,000/-  (excepting  certain exempted  payments  as  mentioned  in  the  guideline)  and  not  to  receive  donation without name and address of the donor (excepting hundi collection during public rally).    It  also  prohibits  parties  from  cash  payment  to  the  candidates.  The Commission, in the interest of transparency and accountability, has instructed the candidates not to receive any donation or loan in cash, in excess of Rs. 20,000/-

from  a  single  person  or  entity  during  the  election  process  and  to  receive  all donations/loans  in  excess  of  Rs.  20,000/-  by  A/c  payee  cheque  or  draft  or  by account  transfer.  The  candidate(s)  shall  maintain  the  full  name  and  address  of such  persons/entities  in  day-to-day  accounts  and  abstract  statement  of  election expenditure.

2. Chief Electoral Officers of five poll bound States have been directed to appoint Nodal Officers for Election Expenditure Monitoring in CEO's office (not below the rank of Additional/Joint CEO), State Police Deptt. (Inspector General of Police or equivalent  rank),  I.T.  Department  [Addl.  DIT  (Inv.)  or  equivalent  rank]  and  State Excise Department (Excise Commissioner or equivalent rank) to the Commission. The  Nodal  Officers will have  to co-ordinate with all  Enforcement  agencies, General/Expenditure Observers, Officers of the Commission and also with various officers/teams engaged in election expenditure monitoring during election period.
3.  The  Director  Generals  of  Income  Tax  (Inv.)  of  poll  bound  States  have  been requested to appoint Nodal Officer of Income Tax Dept. [not below the rank of Addl. DIT(Inv.)] who will have to co-ordinate with all enforcement agencies, General/Expenditure Observers, Officers of the Commission and also with various officers/teams engaged in Election Expenditure Monitoring.
4. Keeping in view huge seizure of narcotics during the elections held in the recent past, the Commission has requested Narcotics Control Bureau (NCB) to appoint a Nodal  Officer  in  Narcotics  Control  Bureau  Hq.  for  the  forthcoming  General Elections to the Legislative Assemblies of five States. NCB has appointed a Nodal Officer  and  he  will  liaise  and  co-ordinate  with  the  Nodal  Officers  of  CEO  Office, State  Police  Deptt.  State  Excise  Deptt.  &  Income  Tax  Deptt.,  all  Enforcement agencies,  General/Expenditure  Observers,  Officers  of  the  Commission  and  also with  various  officers/teams  engaged  in  election  expenditure  monitoring.  The Commission  has,  further,  requested  NCB  to  appoint  Nodal  Officers  in  each  poll bound States and to appoint their Officers exclusively in the districts of Punjab and Manipur sharing international border with Pakistan and Myanmar respectively for keeping watch on narcotics trafficking/smuggling during election period.
5.  Chief  Electoral  Officers  of  poll  bound  States  have  been  directed  to  identify Expenditure Sensitive Constituencies (ESCs), Expenditure Sensitive Pockets (ESPs) and requirement of Expenditure Observers in the States.

(b)  The  Commission  has  stated  that  during  the  last  General  Election  to  the Legislative Assembly of Punjab, 2012 - Cash worth Rs. 11.51 Crore, Liquor worth Rs. 2.59 Crore and Drugs/Narcotics worth Rs. 54.00 Crore were seized. Further, during General Election to Lok Sabha, 2014 - Cash worth Rs. 1.04 Crore, Liquor worth Rs. 22.18 Crore and Drugs/Narcotics worth Rs. 783.44 Crore were seized in Punjab .

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