Section 136: Action relating to election expenses

136. Action relating to election expenses.—(1) The Commission shall, in accordance with such procedure as may be prescribed but within ninety days from the date of submission of a return of election expenses, scrutinize or cause to be scrutinized the return of election expenses submitted by each contesting candidate including the returned candidate. (2) If the Commission fails to finalize scrutiny of any return of election expenses within ninety days under sub-section (1), the return of election expenses shall be deemed to be scrutinized and accepted as correct. (3) Where after scrutiny of returns under sub-section (1), the Commission is of the view that a candidate has acted in contravention of the provisions of section 132, the Commission shall direct an authorized officer to file a complaint against such candidate for committing the offence of corrupt practice. (4) Where a contesting candidate fails to file requisite returns within the specified period, the Returning Officer shall cause a notice to be issued to such candidate calling upon him to show cause why proceedings may not be initiated against him for failure to file requisite returns and if despite service of notice, he does not comply with the provisions of section 134, the Returning Officer shall report the matter to the Commission. (5) On receipt of report under sub-section (4), the Commission shall issue notice calling upon the candidate to show cause as to why a complaint may not be filed against him for failure to file requisite returns. (6) The candidate may file an application for condonation of delay in filing the returns along with the return and the Commission may condone the delay, if it is satisfied that such failure was made in good faith due to circumstances beyond the control of the candidate, and accept the return. (7) In case of rejection of application for condonation of delay under sub-section (6), the Commission shall direct an authorized officer to file a complaint against such candidate for committing the offence of illegal practice.

Effective date: 2017-10-02

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