News Items on conduct of raid by Election Commissions officials in Assam
There has been news reports published in some newspapers quoting that the Expenditure Observer deployed by the Election Commission of India conducted a search at the residence of a sitting Minister in Assam on 16th March 2016.
The Commission has verified the facts and has received a report from the Income Tax Department, Assam. A factual report has also been received from the Expenditure Observer. It has been ascertained that the Search and Seizure operation had been conducted independently by the Income Tax Department under the provisions of the Income Tax Act on receipt of intelligence from other independent agency. Meanwhile the Expenditure Observer deployed by the Commission had activated the Flying Squad as a part of follow up action, following the information received from the Income Tax department.
In the present case, the Expenditure Observer has transgressed his jurisdiction by reaching at the spot himself and acted against the instructions of the Election Commission. The Commission does not authorise any of its observers to carry out any such enforcement activities by himself/herself . The observers on receiving such information are required to pass on the same to enforcement agencies for appropriate actions and continue monitoring the taken as laid down in the Manual of ECI.
The Commission has viewed this lapse by Expenditure Observer seriously and has withdrawn him from constituency forthwith and instructed the controlling authority to initiate suitable departmental action against him. All Observers have been directed to perform their actions within the prescribed framework as laid down by ECI manual.
RM/
The Commission has verified the facts and has received a report from the Income Tax Department, Assam. A factual report has also been received from the Expenditure Observer. It has been ascertained that the Search and Seizure operation had been conducted independently by the Income Tax Department under the provisions of the Income Tax Act on receipt of intelligence from other independent agency. Meanwhile the Expenditure Observer deployed by the Commission had activated the Flying Squad as a part of follow up action, following the information received from the Income Tax department.
In the present case, the Expenditure Observer has transgressed his jurisdiction by reaching at the spot himself and acted against the instructions of the Election Commission. The Commission does not authorise any of its observers to carry out any such enforcement activities by himself/herself . The observers on receiving such information are required to pass on the same to enforcement agencies for appropriate actions and continue monitoring the taken as laid down in the Manual of ECI.
The Commission has viewed this lapse by Expenditure Observer seriously and has withdrawn him from constituency forthwith and instructed the controlling authority to initiate suitable departmental action against him. All Observers have been directed to perform their actions within the prescribed framework as laid down by ECI manual.
RM/
