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Section 72

The West Bengal Municipal Elections Act, 1994State Act of West Bengal · Act 34 of 1994

(1) Every candidate at an election shall, either by himself or by Account of electn his election agent, keep a separate and correct account of all expenditure expenses and in connection with the election incurred or authorised by him or by his maximum election agent between the date on which he has been nominated and the thereof.

date of declaration of the result thereof, both dates inclusive.

Explanation I.—Notwithstanding any judgement, order or decision of any court to the contrary, any expenditure incurred or authorised in connection with the election of a candidate by a political party or by any other association or body of persons or by any individual other than the candidate or his election agent shall not be deemed to be, and shall not ever be deemed to have been, expenditure in connection with the election incurred or authorised by the candidate or by his election agent for the purpose of this sub-section:

Declaration of results.

337 The West Bengal Municipal Elections Act, 1994.

[West Ben. Act (Chapter VIL—The Poll.—Section 73.—Chapter regarding election.—Sections 74, 75.)

Lodging of account with the District Municipal Election Officer.

Provided that nothing contained in this Explanation shall affect any judgement, order or decision of the Civil Court whereby the election of a candidate has been declared void or set aside.

Explanation IL—For the removal of doubt, it is hereby declared that any expenditure incurred in respect of any arrangements made, facilities provided or any other act or thing done by any person in the service of the Government and belonging to any of the classes mentioned in clause (7) of section 123 of the Representation of the People Act, 43 of 1951.

1951, in the discharge or purported discharge of his official duty as mentioned in the proviso to that clause shall not be deemed to be expenditure in connection with the election incurred or authorised by a candidate or by his election agent for the purposes of this sub-section.

(2) The account shall contain such particulars as may be notified by the Commission.

(3) The total of the said expenditure shall not exceed such amount as may be notified by the Commission.

73. Every contesting candidate at an election shall, within thirty days from the date of election of the returned candidate or, if there are more than one returned candidate at the election and the dates of their elections are different, the latter of those two dates, lodge with the District Municipal Election Officer on account of his election expenses which shall be a true copy of the account kept by him or by his election agent under secan 72.

CHAPTER VIII Disputes regarding election Definition. 74. In this Chapter, "District Judge" shall mean,—

(a) for the purposes of elections to the Calcutta Municipal Corporation constituted under the Calcutta Municipal Corporation Act, 1980, the Chief Judge of the Court of Small Causes of Calcutta, or

(b) for the purposes of elections to the Siliguri Municipal Corporation constituted under the Siliguri Municipal Corporation Act, 1990, the District Judge of Darjeeling or the District Judge of Jalpaiguri as the State Government may, by notification, determine.

Where this provision sits

ActThe West Bengal Municipal Elections Act, 1994
Section72
JurisdictionState of West Bengal
StatusIn force as published by the source

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