Chapter IX CONDUCT OF ELECTIONS

As soon as the notification calling upon the constituencies in a panchayat at any level to elect a member or members is issued, the State Election Commission shall, by notification in the Gazette, appoint - (a)the last date for making nomination which shall be the seventh day after the date of publication of the first mentioned notification or, if that day is public holiday, the next succeeding day which is not a public holiday; (b)the date for the scrutiny of nominations which shall be the day immediately following the last date for making nominations or, if that day is a public holiday, the next succeeding day which is not a public holiday; (c)the last date for the withdrawal of candidatures, which shall be the second day after the date for the scrutiny of nominations or, if that day is a public holiday, the next succeeding day which is not a public holiday; (d)the date or dates on which a poll shall, if necessary, be taken which or the first of which shall be a date not earlier than the twentieth day after the last date for the withdrawal of candidatures; and (e)the date before which the election shall be completed.

On the issue of a notification, under section 49, the returning officer shall give public notice of the intended election in such form and manner, as may be prescribed, inviting nominations of candidates for such election and specifying the place at which the nomination papers are to be delivered.

Any person may be nominated as a candidate for election to fill a seat if he is qualified to be chosen to fill that seat under the provisions of the constitution and this Act; 45[Provided that a person nominated as a candidate to fill a seat in a constituency in a

Presentation of nomination paper and requirements for a valid nomination. - (1)on or before the date appointed under clause (a) of section 49, each candidate shall, either in person or by his proposer, between the hours of eleven O’clock in the forenoon and three O’clock in the afternoon deliver to the returning officer at the place specified in this behalf in the notice issued under section 50, a nomination paper completed in the prescribed form and signed by the candidate and by an elector of the constituency as proposer.

"[(1A) Every candidate submitting nomination under sub-section (1) shall not be deemed to be qualified to be elected to fill that post unless he submits, along with such nomination, the details regarding his educational qualification, criminal cases in which he is involved at the time of submission of nomination, property owned by him and other members of his family, liabilities including arrears due from him to any Public Sector Undertaking or Government or Local Self Government Institutions and whether disqualifies for defection under the Kerala Local Authorities (Prohibition of Defection) Act, 1999 in the form and manner as may be prescribed.]" (2)In a constituency where the seat is reserved for Scheduled Caste or Scheduled Tribe a candidate shall not be deemed to be qualified to be chosen to fill that seat unless his nomination paper contains a declaration by him specifying the particular caste or tribe of which he is a member. 45 Substituted by Act 7 of 1995.

• • Inserted by Act 30 of 2005 (3)Where the candidate is a person who, having held any office referred to in clause (K) of section 34 has been dismissed or removed and period of five years has not elapsed since the dismissal or removal such person shall not be deemed to be duly nominated as a candidate unless his nomination paper is accompanied by a certificate issued in the prescribed manner by the State Election Commission to the effect that he has not been dismissed or removed for corruption, or disloyalty. (4)On the presentation of a nomination paper, the returning officer shall satisfy himself that the names and electoral roll numbers of the candidate and his proposer as entered in the nomination paper are the same as those entered in the electoral rolls; Provided that no misnomer on inaccurate description or clerical, technical or printing error in regard to the name of the candidate or his proposer or any other person, or in regard to any place, mentioned in the electoral roll or the nomination paper and no clerical, technical or printing error in regard to the electoral roll numbers of any such person in the electoral roll or the nomination paper, shall affect the full operation of the electoral roll or the nomination paper with respect to such person or place in any case where the description in regard to the name of the person or place is such as to be commonly understood; and the returning officer shall permit any such misnomer or inaccurate description or clerical, technical or printing

error to be corrected and where necessary direct that any such misnomer inaccurate

description, or clerical, technical or printing error in the electoral roll or in the nomination paper shall be overlooked. (5)Where the candidate is an elector of a different constituency a copy of the electoral roll of that constituency or of the relevant part thereof or a certified copy of the relevant entries in such roll shall unless it has been filed along, with the nomination paper, be produced before the returning officer at the time of scrutiny. (6)Nothing in the section shall prevent any candidate from being nominated by more than one nomination paper:

Deposits.- (1) A candidate shall not be deemed to be duly nominated for election from a constituency of a panchayat at any level unless he deposits or causes to be deposited such sum, as may be prescribed, and different rates may be prescribed or different levels of the panchayats. In the case of candidates belonging to Scheduled Castes or Scheduled Tribes, the amount of deposit shall be fifty per cent, of the amount prescribed for such constituency: Provided that where a candidate has been nominated by more than one nomination paper, not more than one deposit shall be required of him under this sub-section.

1. (2) Any sum required to be deposited under sub-section (1) shall not be deemed to have been deposited under that sub section unless at the time of delivery of the nomination paper under sub-section (1) of section 52, the candidate has either deposited or caused to be deposited that sum with the returning officer in cash or enclosed with the nomination paper a receipt showing that the said sum has been deposited by him or on his behalf in the office of such authority as may be notified by the Government.

The returning officer shall, on receiving the nomination paper under sub-section (1) of section 52, inform the person or persons delivering the same, of the date, time and place fixed for the scrutiny of nominations sand shall enter on the nomination paper its serial number, and shall sign thereon a certificate stating the date on which and the hour at which the nomination paper has been delivered to him; and shall, as soon as may be thereafter, cause to be affixed in some conspicuous place in his office a notice of the nomination containing descriptions both of the candidate and of the proposer as contained in the nomination paper.

(1) On the date fixed for the scrutiny of nominations under section 49, the candidates, their election agents, one proposer of each candidate and one other person duly authorised in writing by each candidates, but no other person, may attend at such time and place as the returning officer may appoint; and the returning officer shall give them all reasonable facilities for examining the nomination papers of all candidates which have been delivered within the time and in the manner laid down in section 52. (2)The returning officer shall then examine the nomination papers and shall decide all objections which may be made to any nomination and may, either on such objection or on his own motion, after such summary inquiry, if any, as he thinks necessary, reject any nomination on any of the following grounds, namely: - (a)that on the date fixed for the scrutiny of nominations, the candidate is either not qualified or is disqualified for being chosen to fill the seat under any of the provisions of this Act; (b)that there has been failure to comply with any of the provisions of section 52 or section 53; or (c)if he is satisfied that the signature of the candidate or the proposer on the nomination paper is not genuine. (3)Nothing contained in clause (b) or clause (c) of sub-section (2) shall be deemed to authorise the rejection of the nomination of any candidate on the ground of any irregularity in respect of a nomination paper, if the candidate has been duly nominated by means of another nomination paper in respect of which no irregularity has been committed. (4)The returning officer shall not reject any nomination paper on the ground of any defect, which is not of a substantial nature. (5)The retuning officer shall hold the scrutiny on the date appointed in this behalf under clause (b) of section 49 and shall not allow any adjournment of the proceedings except when such proceedings are interrupted or obstructed by riot or open violence or by cause beyond his control; Provided that in case an objection is raised by the returning officer or is made by any other person the candidate concerned may be allowed time to rebut it not later than the next working day but one following the date fixed for scrutiny, and the returning officer shall record his decision on the date to which the proceedings have been adjourned. (6)The returning officer shall endorse on each nomination paper his decision accepting or rejecting the same and, if the nomination paper is rejected, shall record in writing a brief statement of his reasons for such rejection. (7)For the purpose of this section, a certified copy of an entry in the electoral roll for the time being in force of a constituency shall be conclusive evidence of the fact that the person referred to in that entry is an elector for that constituency, unless it is proved that he is subject to a disqualification mentioned in section 17. (8)Immediately after all the nomination papers have been scrutinised and decisions accepting or rejecting the same have been recorded, the returning officer shall prepare a list of validly nominated candidates and affix it on his notice board.

Provided that in case an objection is raised by the returning officer or is made by any other person the candidate concerned may be allowed time to rebut it not later than the next working day but one following the date fixed for scrutiny, and the returning officer shall record his decision on the date to which the proceedings have been adjourned. (6)The returning officer shall endorse on each nomination paper his decision accepting or rejecting the same and, if the nomination paper is rejected, shall record in writing a brief statement of his reasons for such rejection. (7)For the purpose of this section, a certified copy of an entry in the electoral roll for the time being in force of a constituency shall be conclusive evidence of the fact that the person referred to in that entry is an elector for that constituency, unless it is proved that he is subject to a disqualification mentioned in section 17. (8)Immediately after all the nomination papers have been scrutinised and decisions accepting or rejecting the same have been recorded, the returning officer shall prepare a list of validly nominated candidates and affix it on his notice board.

(1) Any candidate may withdraw his candidature by a notice in writing which shall contain such particulars as may be prescribed and shall be subscribed by him delivered before three O’clock in the afternoon on the day fixed under clause (c) of Section 49 to the returning officer either by such candidate in person or by his proposer, or election agent who has been authorised in this behalf in writing by such candidate; Provided that if that day has been notified by the Government as a day to be observed as a holiday in Government offices, the notice of withdrawal shall be considered as having been delivered in due time if it is delivered before three O’clock in the afternoon on the next succeeding day which is not a holiday so notified. (2)No person who has given a notice of withdrawal of his candidature under sub-section (1)shall be allowed to cancel the notice. (3)The returning officer shall, on being satisfied as to the genuineness of a notice of withdrawal and the identity of the person delivering it under sub-section (1), cause the notice to be affixed in some conspicuous place in his office and in the office of the concerned panchayat.

(1) Immediately after the expiry of the period within which candidatures may be withdrawn under sub-section (1) of section 56, the returning officer shall prepare and publish in such form and manner as may be prescribed a list of contesting candidates. (2)The said list shall contain the names in Malayalam alphabetical order and the addresses of the contesting candidates as given in the nomination papers together with such other particulars, as may be prescribed.

A candidate at an election may appoint, in the prescribed manner any one person other than himself to be his election agent and when any such appointment is made notice of the appointment shall be given in the prescribed manner, to the returning officer.

appointment is made notice of the appointment shall be given in the prescribed manner, to the returning officer.

Any person who is for the time being disqualified under this Act for being a member of a panchayat shall be disqualified for being an election agent at any election.

(1) Any revocation of the appointment of an election agent, shall be signed by the candidate and shall operate from the date on which it is lodged with the returning officer. (2) In the event of such a revocation or of the death of an election agent whether that even occurs before or during the election, or after the election but before the account of the candidate’s election expenses has been lodged in accordance with the provisions of section 86, the candidate may appoint in the prescribed manner another person to be his election agent and when such appointment is made notice of the appointment shall be given in the prescribed manner to the returning officer.

1. (2) In the event of such a revocation or of the death of an election agent whether that even occurs before or during the election, or after the election but before the account of the candidate’s election expenses has been lodged in accordance with the provisions of section 86, the candidate may appoint in the prescribed manner another person to be his election agent and when such appointment is made notice of the appointment shall be given in the prescribed manner to the returning officer.

An election agent may perform such functions in connection with the election as are authorised by or under this Act to be performed by an election agent.

A contesting candidate or his election agent may appoint, in the prescribed manner, such number of agents, and relief agents, as may be prescribed, to such number of agents, and relief agents, as may be prescribed, to act as polling agents of such candidate at each polling station provided under section 45.

A contesting candidate or his election agent may appoint, in the prescribed manner one or more persons; but not exceeding such number, as may be prescribed, to be present as his counting agent or agents at the counting of votes, and when any such appointment is made notice of the appointment shall be given in the prescribed manner to the returning Officer.

Any revocation of the appointment of a polling agent shall be signed by the candidate or his election agent and shall operate from the date on which it is lodged with such officer as may be prescribed and in the event of such a revocation or of the death of a polling agent before the close of the poll, the candidate or his election agent may appoint, in the prescribed manner, another polling agent at any time before the poll is closed and shall forthwith give notice of such appointment, in the prescribed manner, to such officer, as may be prescribed.

1. (2) Any revocation of the appointment of a counting agent shall be signed by the candidate or his election agent and shall operate from the date on which it is lodged with the Returning Officer, and in the event of such a revocation or of the death of a counting agent, before the commencement of the counting of votes, the candidate or his election agent may appoint, in the prescribed manner another counting agent at any time before the counting of votes is commenced and shall forthwith give notice of such appointment, in the prescribed manner, to the Returning Officer.

(1) A polling agent may perform such functions in connection with the poll as are authorised by or under this Act to be performed by a polling agent. (2)A counting agent may perform such functions in connection with the counting of votes as are authorised by or under this Act to be performed by a counting agent.

performance by him of the functions of a polling agent or counting agent. - (1) At every election where a poll is taken, each contesting candidate at such election and his election agent shall have a right to be present at any polling station provided under section 45 for the taking of the poll.

1. (2) A contesting candidate or his election agent may himself do any act or thing which any polling agent or the counting agent of such contesting candidate, if appointed, would have been authorised by or under this Act to do, or may assist any polling agent or the counting agent of such contesting candidate in doing any such act or thing.

Where any act or thing is required or authorised by or under this Act to be done in the presence of the polling or counting agents, the non-attendance of any such agent or agents at the time and place appointed for the purpose shall not, if the act or thing is otherwise duly done, invalidate the act or thing done.

If a candidate whose nomination has been found valid on scrutiny under section 55 and who has not withdrawn his candidature under section 56 dies and a report of his death is received before the publication of the list of contesting candidates under section 57, or if a contesting candidate dies and a report of his death is received before the commencement of the poll, the Returning Officer shall, upon being satisfied of the fact of the death of the candidate, countermand the poll and report the fact to the State Election Commission and also to the Government and all proceedings with reference to the election shall be commenced a new in all respects as if for a new election: Provided that no further nomination shall be necessary in the case of a person who was a contesting candidate at the time of the countermanding of the poll: Provided further that no person who has given a notice of withdrawal of his candidature under sub-section (1) of section 56 before the countermanding of the poll shall be 46[intelligible] for being nominated as a candidate for the election after such countermanding.

46[intelligible] for being nominated as a candidate for the election after such countermanding.

(1) if the number of contesting candidates for a constituency is more than one, a poll shall be taken. Substituted by Act 7 of 1995.

(2)If there is only one candidate for a constituency, the Returning Officer shall declare him to be duly elected. (3)If there is no candidate, election proceedings shall be started afresh for filling up the vacancy in all respects as it for a new election.

The State Election Commission shall fix the hours during which the poll will be taken, and the hours so fixed shall be published in such manner, as may be prescribed: Provided that the total period allotted on any one-day or polling at an election to a constituency shall not be less than eight hours between 7 a.m. and 5 p.m.

(1) If at an election the proceedings at any polling station provided under section 45 for the poll are interrupted or obstructed by any riot or open violence, or if at an election it is not possible to take the poll at any polling station or such place on account of any natural calamity, or any other sufficient cause, the Presiding Officer or such polling station or the Returning Officer presiding over such place, as the case may be, shall announce an adjournment of the poll to a date to be notified later, and where the poll is so adjourned by a presiding officer, he shall forthwith inform the Returning Officer concerned. (2)Whenever a poll is adjourned under sub-section (1), the Returning Officer shall immediately report the circumstances to the appropriate authority and the State Election Commission, and shall, as soon as may be, with the previous approval of the State Election Commission, appoint the day on which the poll shall commence, and fix the polling station or place at which, and the hours during which the poll will be taken, and shall not count the votes cast at such election until such adjourned poll shall have been completed. (3)In every such case as aforesaid, the returning officer shall notify in such manner as the

Fresh poll in the case of destruction, etc. of ballot boxes. - (1) If at any election - (a)any ballot box used at a polling station or at a place fixed for the poll is unlawfully taken out of the custody of the presiding officer or the returning officer, or is accidentally or intentionally destroyed or lost, or is damaged or tampered with, to such an extent, that the result of the poll at that polling station or place cannot be ascertained, or (b)any such error or irregularity in procedure as is likely to vitiate the poll is committed at a polling station or at a place fixed for the poll, the returning officer shall forthwith report the mater to the State Election Commission.

1. (2) Thereupon the State Election Commission shall, after taking all material circumstances into account, either - (a)declare the poll at that polling station or place to be void, appoint a day and fix the hours, for taking a fresh poll at that polling station or place and notify the day so appointed and the hours so fixed in such manner as it may deem fit, or (b)if satisfied that the result of a fresh poll at that polling station or place will not, in any way, affect the result of the election or that the error or irregularity in procedure is not material, issue such directions to the returning officer as it may deem proper for the further conduct and completion of the election. (3)The provisions, of this Act and of any rules or orders made hereunder shall apply to every such fresh poll as they apply to the original poll.

If at any election - (a)Booth-capturing has taken place at a polling station or at a place fixed for the poll (hereafter in this section referred to as a place) in such a manner that the result of the poll at that polling station or place cannot be ascertained; or (b)booth-capturing takes place in any place for counting of votes in such a manner that the result of the counting at that place cannot be ascertained, the returning officer shall forthwith report the matter to the State Election Commission.

1. (2) The State Election Commission shall, on receipt of a report from the returning officer under sub-section (1) and after taking all material circumstances into account, either - (a)declare that the poll at that polling station or place be void, appoint a day, and fix the hours, for taking fresh poll at that polling station or place and notify the date so appointed and hours so fixed in such manner as it may deem fit; or (b)if satisfied that in view of the large number of polling stations or place involved in booth-capturing, the result of the election is likely to be affected, or that booth- capturing had affected counting of votes in such a manner as to affect the result of the election, countermand the election in that constituency. Explanation. - In this section, “booth-capturing” shall have the same meaning as in section 137.

At every election where a poll is taken votes shall be given by ballot in such manner as may be prescribed, and no votes shall be received by proxy.

With a view to preventing personation of electors provision may be made by rules made under this Act, -

1. (a) for the marking, with indelible ink, of the thumb or any other finger of every elector who applies for a ballot paper or ballot papers for the purpose of voting at a polling station before delivery of such paper or papers to him;
2. (b) for prohibiting the delivery of any ballot paper to any person for voting at a polling station if at the time such person applies for such paper he has already such a mark on his thumb or any other finger.

Act, every person who is, for the time being entered in the electoral roll of a constituency shall be entitled to vote in that constituency. (2)No person shall vote at an election in any constituency if he is subject to any of the disqualifications referred to in section 17. (3)No person shall vote at a general election in more than one constituency of the same level, and if a person votes in more than one such constituency, his votes in all such constituencies shall be void.

(4)No person shall at any election vote in the same constituency more than once,

notwithstanding that his name may have been registered in the electoral roll for that constituency more than once, and if he does so vote, all his votes in that constituency shall be void. (5)No person shall vote at any election if he is confined in a prison whether under a sentence of imprisonment or transportation or otherwise, or is in the lawful custody of the police:

Counting of votes. - At every election where a poll is taken votes shall be counted by,

or under the supervision and direction of, the Returning Officer and each contesting

candidate, his election agent and his counting agents shall have a right to be present at the time of counting.

time before the counting of votes is completed any ballot papers used at a polling station or at a place fixed for the poll are unlawfully taken out of the custody of the returning officer or are accidentally or intentionally destroyed or lost or are damaged or tampered with, to such an extent that, the result of the poll at that polling station or place cannot be ascertained, the returning officer shall forthwith report the matter to the State Election Commission.

1. (2) Thereupon, the State Election Commission shall, after taking all material circumstances into account, either - (a)direct that the counting of votes shall be stopped, declare the poll at that polling station or place to be void, appoint a day, and fix the hours, for taking a fresh poll at that polling station or place and notify the date so appointed and hours so fixed in such manner as it may deem fit, or (b)If satisfied that the result of a fresh poll at that polling station or place will not, in any way, affect the result of the election, issue such directions to the returning officer as it may deem proper for the resumption and completion of the counting and for the further conduct and completion of the election in relation to which the votes have been counted. (3)The provisions of this Act and of any rules or orders made there under shall apply to every such fresh poll as they apply to the original poll.

If, after the counting of the votes is completed, an equality of votes is found to exist between any candidates, and the addition of one vote will entitle any of those candidates to be declared elected, the returning officer shall forthwith decide between those candidates by lot, and proceed as if the candidate on whom the lot falls had received an additional vote.

When the counting of the votes has been completed, the returning officer shall, in the absence of any direction by the State Election Commission to the contrary, forthwith declare the result of the election in the manner provided by this Act or the rules made there under.

As soon as may be after the result of an election has been declared, the returning officer shall report the result to the panchayat concerned, to the State Election Commission and to the Government, and the State Election Commission shall cause to be published in the Gazette the declarations containing the names of the elected candidates.

Date of election of candidate. - For the purpose of this Act, the date on which a candidate is declared by the returning officer under the provisions of section 69, or section 80, to be elected to a panchayat shall be the date of election of that candidate.

Where a general election is held for the purpose of constituting or reconstituting a panchayat there shall be notified by the State Election Commission in the Gazette, as soon as may be, after the results of the elections in all the constituencies, other than those in which the poll could not be taken for any reason on the date originally fixed under clause (d) of section 49 or for which the time for completion of the election has been extended under the provisions of section 143, have been declared by the returning officer under the provisions of the section 69 or, as the case may be, section 80, the names of the members elected for those constituencies and upon the publication of such notification the members shall be deemed to be duly elected; Provided that the publication of such notification shall not be deemed - (a)to prelude - (1)the taking of the poll and the completion of the election in any panchayat constituency or constituencies in which the poll could not be taken for any reason on the date originally fixed under clause (e) of section 49; or (2)the completion of the election in any panchayat constituency or constituencies for which time has been extended under the provisions of section 143; (b)to affect the duration of the panchayat, if any, functioning immediately before the issue of the said notification.

(2)the completion of the election in any panchayat constituency or constituencies for which time has been extended under the provisions of section 143; (b)to affect the duration of the panchayat, if any, functioning immediately before the issue of the said notification.

(1) No person, shall be a member in more than one level in a Panchayat and a person who is elected to more than one level in a Panchayat shall, within fifteen days of his being so elected intimate to the State Election Commission, in writing, information regarding the Panchayat in respect of which he wishes to be a member and the panchayat in respect of which he wishes to vacate his membership and on his failure in so intimating, his membership in all the levels of the panchayats to which he has been elected shall be deemed to have ceased. (2)As soon as the intimation in writing is received from a person under sub-section (1), the State Election Commission shall declare that he has by such intimation vacated his membership in respect of all the panchayats except the panchayat in respect of which he has intimated his wish to be a member. (3)When a person being a member of a panchayat at one level is also elected as member at another panchayat level, unless he resigns his membership of the panchayat of which he is a member within fifteen days from the date on which he is so elected, his membership in the panchayat to which he is so elected shall cease; (4)Nothing contained in this section shall be a bar for a President of a Village Panchayat continuing as a member in a Block Panchayat or for a Block Panchayat President continuing as a member in a District Panchayat under clause (b) of sub sub-section (1) of section 8 or as the case may be, under clause (b) of sub-section (1) of section 9. (5)If any dispute arises in respect of vacating of membership or cessation of membership under this section, it shall be referred to the State Election Commission for decision and the

Bye-elections to fill casual vacancies. - (1) When a panchayat at any level is dissolved before its duration specified in Article 243E or when the seat of a member elected to a panchayat becomes vacant or is declared vacant or his election to the panchayat is declared void, the State Election Commission shall, subject to the provisions of - sub-section

1. (2) by a notification in the Gazette, call upon the constituencies in such panchayat or the constituency concerned, as the case may be, to elect members or member for the purpose of constituting the panchayat or filling the vacancy, as the case may be, before such date as may be specified in the notifications and the provisions of this Act and of the rules and orders made there under shall apply as far as may be, in relation to such election.
2. (2) If the vacancy so caused be a vacancy in a seat reserved in any such constituency for the Scheduled Castes or for Scheduled Tribes or for women the notification issued under Inserted by Act 7 or 1995. sub-section (1) shall specify that the person to fill that seat shall belong to the Scheduled Castes or to Scheduled Tribes or be a women, as the case may be,

(1) Every candidate at an election shall, either by himself or by his election agent, keep a separate and correct account of all expenditure in connection with the election incurred or authorised by him or by his election agent between the date on which he has been nominated and the date of declaration of the result thereof (both dates inclusive). Explanation 1. — any expenditure incurred or authorised in connection with the election of a candidate by a political party or by any other association or body or persons or by any individual (other than the candidate or his election agent)- shall not be deemed to be expenditure in connection with the election incurred or authorised by the candidate or by his election agent for the purposes of this sub-section. Explanation 2. - 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 (8) of section 120 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 purpose of this sub-section. (2)The account shall contain such particulars, as may prescribed. (3)The total of the said expenditure shall not exceed such amount as may be prescribed.

Commission]. - Every contesting candidate at an election shall, within 30 days from the date of election of the returned candidate lodge with the officer authorised by the State Election Commission, an account of his election expenses along with the connected records which shall be a true copy of the account kept by him or by his election agent under Section 85. The said officer shall, as soon as may be, immediately after the expiry of the said period of 30 days, make available to the officer appointed by the Commission, the accounts of election expenses received by him along with a list of candidates who did not lodge the accounts of election expenses prescribed by the Commission. Substituted by Act 13 of 1999.