Question

How does our election law regulate election campaigns?.

Answer 1

To regulate election campaign, there are some election rules and regulations.

According to these laws no party or candidate can

(i) bribe or threaten voters

(ii) appeal to them in the name of caste or religion.

(iii) use government resources for election campaign and

(iv)

o In case for smaller state spend more than Rs. 25 lakh in a constituency for a Lok Sabha election or Rs. 10 lakh in a constituency in an Assembly election.

o The limit for election expenditure is revised from time to time. At present the limit of expenditure for a parliamentary constituency in bigger states like U. P, Bihar, Andhra Pradesh, Madhya Pradesh is Rs. 40 lakhs.

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

o Ans. The limit of election expenditure for an assembly constituency in the above bigger states is Rs. 16 lakhs.

o This cap on election spending of candidate is over and above the partys’ common spending for election

If any party or candidate is found practising any of the above, their election can be rejected by the court even after they have won the election.

o A candidate is not free to spend as much as he likes on his election. The law prescribes that the total election expenditure shall not exceed the maximum limit prescribed under Rule 90 of the Conduct of Election Rules, 1961. It would also amount to a corrupt practice under sec 123 (6) of R. P. Act, 1951