Date: May 12, 2023
According to Section 78 of the Representation of the People Act, 1951, every contesting candidate has to lodge a true copy of his election expenses within 30 days from the date of declaration of result of election, with the District Election Officer in all States and Union Territories. Gujarat Election Watch and Association for Democratic Reforms (ADR) have analysed all 182 election expenditure statements submitted after the Gujarat Assembly Election 2022 for newly elected MLAs. The expenditure limit for the MLAs during the Gujarat Assembly elections was Rs. 40 lakhs. These election expense documents include details of expenses on public meetings and processions, campaigning through electronic and print media, expense on campaign workers, expense on vehicles used, expense on virtual campaign, expense on publishing of declaration regarding criminal cases and expense on campaign materials.
Recommendations:
1. Each Winner is required to file his election expenditure statement within 30 days of the results of the elections, the deadline in case of the Gujarat Assembly Elections being the 8th January 2023. However, it was observed that the election expenditure statements of the Winners were not uploaded on the CEO/DEO’s website till significantly after the deadline. It is recommended that the Abstract Expenditure Statement (Annexure E2) of the MLAs is uploaded on the website of the CEO within 72 hours of the receipt of the statement.
2. The deadline for filing an election petition against any Winner is 45 days after the declaration of the results. Generally, MLAs submit their election expenditure statements towards the end of the 30 days given for submission of the statements. This leaves 15 days for any common citizen to file an election petition against any Winner. The deadline for filing an election petition should be increased in order to give the citizens time to scrutinize the election expenditure statements of the MLAs and gather the relevant documents/proof etc. for the election petition.
3. As has been instated in the filing of affidavits during the elections, the MLAs should not be allowed to keep any field blank on the Abstract Election Expenditure statement (Annexure E2) and Schedule 1 to 11. The statements must be filled in a legible format and overwriting of amounts in the statement should be discouraged.
S.No. |
Name |
District |
Constituency |
Party |
Expense Limit (Rs.) |
Total expenses incurred (Rs.) |
% of limit reached |
|
1 |
Dr.Jayrambhai Chemabhai Gamit |
Tapi |
Nizar (St) |
BJP |
40,00,000 |
38,65,298 |
97% |
|
2 |
Thakor Laxmanji Punjaji (Bakaji) |
Gandhinagar |
Kalol-Gandhinagar |
BJP |
40,00,000 |
37,78,689 |
94% |
|
3 |
Kiritsinh Sardarsang Dabhi |
Ahmedabad |
Dholka |
BJP |
40,00,000 |
36,09,614 |
90% |
|
S.No. |
Name |
District |
Constituency |
Party |
Expense Limit (Rs.) |
Total expenses incurred (Rs.) |
% of limit reached |
|
1 |
Kandhalbhai Sarmanbhai Jadeja |
Porbandar |
Kutiyana |
SP |
40,00,000 |
6,87,565 |
17% |
|
2 |
Amit Chavda |
Anand |
Anklav |
INC |
40,00,000 |
9,28,895 |
23% |
|
3 |
Makwana Umeshbhai Naranbhai |
Botad |
Botad |
AAP |
40,00,000 |
9,64,289 |
24% |
|
1. Percentage break-down of funds received by MLAs: Out of the total funds received by MLAs, 77% funds were raised from political parties, 16% were raised by MLAs themselves and 7% funds were raised from other sources.
2. MLAs Who Raised Funds from Political Parties: Out of the 182 MLAs analyzed, 157 (86%) MLAs have declared that they have received funds from political parties and 25 (14%) MLAs have declared that they have not received any funds from political parties.
3. MLAs Who Raised Funds through any person/ company/ firm/ associations/ body of persons etc as loan, gift or donation etc: Out of the 182 MLAs analyzed, 60 (33%) MLAs have declared that they have received funds from any person/ company/ firm/ associations/ body of persons etc as loan, gift or donation etc. and 122 (67%) MLAs have declared that they have not received any funds from any person/ company/ firm/ associations/ body of persons etc as loan, gift or donation etc.
4. Self-funds used for election campaign: Out of the 182 MLAs analyzed, 174 (96%) MLAs have declared that they have used their own funds for their election campaign and 8(4%) MLAs have declared that they have not used any of their own funds for their election campaign
5. Average funds raised from Political Parties (Party-wise): On an average a MLA from BJP raised 77.59% and on an average a MLA from INC raised 89.65% of his/her election expense funds from the political party.
6. Average funds raised through any person/company/firm/associations/body of persons etc as loan, gift or donation etc (Party-wise): On an average a MLA from BJP raised 5.21% of his/her election expense funds from any person/company/firm/associations/body of persons etc. as loan, gift or donation. Similarly, a MLA from INC raised on an average 6.71% of their expense funds from any person/ company/ firm/ associations/ body of persons etc. as loan, gift or donation.
Contact Details
Gujarat Election Watch
Ms Pankti Jog State Coordinator |
Association for Democratic Reforms/National Election Watch
Media and Journalist Helpline
Email: a...@adrindia.org |
Maj.Gen. Anil Verma (Retd) Head Association for Democratic Reforms, National Election Watch 011 4165 4200, |
Prof Jagdeep Chhokar IIM Ahmedabad (Retd.) Founder Member, Association for Democratic Reforms, National Election Watch |
Prof Trilochan Sastry IIM Bangalore Founder Member, Association for Democratic Reforms, National Election Watch |