Travelling with Cash During Elections: Understanding Election Commission Guidelines
As the electoral season unfolds, the Election Commission (EC) has rolled out stringent regulations aimed at curbing the influence of cash, liquor, and other incentives on voters. With the Model Code of Conduct (MCC) in full swing since the announcement of Lok Sabha elections on March 16, law enforcement agencies are on high alert, closely monitoring the movement of potential inducements across the country.
EC’s Vigilance Measures
Prior to each election, the EC issues comprehensive directives to various enforcement agencies, including the police, Railways, airports, and the Income Tax department. These instructions mandate a rigorous surveillance regime to deter the circulation of cash, liquor, jewellery, drugs, and other gifts that could sway electoral outcomes.
- Deployment of Monitoring Teams: The EC appoints expenditure observers for every district, alongside static surveillance teams (SST) and flying squads. These teams, equipped with essential resources, are tasked with identifying and intercepting any illicit transactions or movements.
- Enhanced Enforcement: With checkposts strategically stationed on key routes, surveillance teams conduct thorough inspections, often employing video documentation. The heightened vigilance intensifies in the final 72 hours leading up to polling day.
Guidelines for Cash Transportation
While the EC’s measures aim to regulate campaign expenditures by candidates, they also impact ordinary citizens. According to EC directives, individuals carrying significant sums of cash or bullion are subject to immediate reporting to the Income Tax Department. This scrutiny involves verification to ensure the funds are not linked to any political entity or candidate.
- Thresholds for Seizure: Cash exceeding Rs. 10 lakh or bullion weighing more than 1 kg can be seized pending verification. However, if no suspicion of wrongdoing exists, the surveillance teams will inform the Income Tax authority for further action under tax laws.
- Candidate and Party Accountability: Vehicles transporting candidates, their agents, or party members face stricter scrutiny. Any discovery of cash, drugs, liquor, arms, or high-value gifts prompts immediate seizure. Suspected criminal activities lead to seizure under the Criminal Procedure Code (CrPC) with subsequent legal action.
- Interstate Regulations: Regulations concerning the transportation of liquor across state borders adhere to respective state excise laws, with varying allowances for personal use.
Post-Seizure Protocol
In the event of a seizure, authorities are obligated to return confiscated items unrelated to criminal activity or electoral manipulation. A district-level committee oversees grievance redressal, ensuring prompt resolution and the alleviation of public inconvenience.
- Return of Seized Assets: Seized cash is deposited as directed by the Court, with amounts exceeding Rs. 10 lakh forwarded to the Income Tax authority. A designated committee reviews cases without accompanying complaints or ties to electoral activities, facilitating the swift return of assets following due process.
As citizens navigate the electoral landscape, adherence to these guidelines ensures transparency and upholds the integrity of the democratic process. The Election Commission remains steadfast in its commitment to fair and impartial elections, safeguarding the fundamental principles of democracy.
