19. Definition.—In this Part and in Part V, unless the context otherwise requires, “constituency”
means 9*** Parliamentary constituency or an Assembly constituency or a Council constituency.
10[19A. Delegation of functions of Election Commission.—The functions of the Election
Commission under the Constitution, the Representation of the People Act, 1950 (43 of 1950) and this Act
or under the rules made thereunder may, subject to such general or special directions, if any, as may be
given by the Election Commission in this behalf, be performed also by a Deputy Election Commissioner
or by the Secretary to the Election Commission.]
11[20. General duties of chief electoral officers.—Subject to the superintendence, direction and
control of the Election Commission, the chief electoral officer of each State shall supervise the conduct of
all elections in the State under this Act.
12[20A. General duties of district election officer.—(1) Subject to the superintendence, direction
and control of the chief electoral officer, the district election officer shall co-ordinate and supervise all
work in the district or in the area within his jurisdiction in connection with the conduct of all elections to
Parliament and the Legislature of the State.
1. Subs. by Act 20 of 1963, s. 57 and the Second Schedule for “the Governor” (w.e.f. 13-5-1963).
2. Certain words omitted by the Adaptation of Laws (No. 2) Order, 1956 (w.e.f. 1-11-1956).
3. Added by Act 20 of 1963, s. 57 and the Second Schedule (w.e.f. 13-5-1963).
4. Ins. by Act 37 of 1957, s. 13 (w.e.f. 18-9-1957).
5. Subs. by Act 1 of 2006, s. 5, for “under the Legislative Councils Act, 1957” (w.e.f. 11-1-2006).
6. Ins. by Act 16 of 2010, s. 5 (w.e.f. 18-5-2010).
7. Ins. by Act 6 of 2014, s. 98 (w.e.f. 2-6-2014).
8. The words “or Rajpramukh, as the case may be,” omitted by the Adaptation of Laws (No. 2) Order, 1956 (w.e.f. 1-11-1956).
9. The words “an electoral college constituency or” omitted by Act 103 of 1956, s. 66 (w.e.f. 1-1-1957).
10. Ins. by Act 47 of 1966, s. 21 (w.e.f. 14-12-1966).
11. Subs. by Act 27 of 1956, s. 9, for sections 20 and 21 (w.e.f. 28-8-1956).
12. Ins. by Act 47 of 1966, s. 22 (w.e.f. 14-12-1966).
18
(2) The district election officer shall also perform such other functions as may be entrusted to him by
the Election Commission and the chief electoral officer.]
1
[20B. Observers.—(1) The Election Commission may nominate an Observer who shall be an officer
of Government to watch the conduct of election or elections in a constituency or a group of constituencies
and to perform such other functions as may be entrusted to him by the Election Commission.
(2) The Observer nominated under sub-section (1) shall have the power to direct the returning officer
for the constituency or for any of the constituencies for which he has been nominated, to stop the counting
of votes at any time before the declaration of the result or not to declare the result if in the opinion of the
Observer booth capturing has taken place at a large number of polling stations or at places fixed for the
poll or counting of votes or 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.
(3) Where an Observer has directed the returning officer under this section to stop counting of votes
or not to declare the result, the Observer shall forthwith report the matter to the Election Commission and
thereupon the Election Commission shall, after taking all material circumstances into account, issue
appropriate directions under section 58A or section 64A or section 66.
Explanation.—For the purposes of sub-section (2) and sub-section (3), “Observer” shall include a
Regional Commissioner or any such officer of the Election Commission as has been assigned under this
section the duty of watching the conduct of election or elections in a constituency or group of
constituencies by the Commission.]
2
[21. Returning officers.—For every constituency, for every election to fill a seat or seats in the
Council of States and for every election by the members of the Legislative Assembly of a State to fill a
seat or seats in the Legislative Council of the State, the Election Commission shall, in consultation with
the Government of the State, designate or nominate a returning officer who shall be 3
[an officer of
Government or of a local authority:
Provided that nothing in this section shall prevent the Election Commission from designating or
nominating the same person to be the returning officer for more than one constituency].
22. Assistant returning officers.—(1) The Election Commission may appoint one or more persons
to assist any returning officer in the performance of his functions:
Provided that every such person shall be 4
[an officer of Government or of a local authority].
(2) Every assistant returning officer shall, subject to the control of the returning officer, be competent
to perform all or any of the functions of the returning officer:
Provided that no assistant returning officer shall perform any of the functions of the returning officer
which relate 5*** to the scrutiny of nominations 6*** unless the returning officer is unavoidably
prevented from performing the said function.
23. Returning officer to include assistant returning officers performing the functions of the
returning officer.—References in this Act to the returning officer shall, unless the context otherwise
requires, be deemed to include an assistant returning officer performing any function which he is
authorised to perform under sub-section (2) of section 22.
1. Ins. by Act 21 of 1996, s. 4 (w.e.f. 1-8-1996).
2. Subs. by Act 27 of 1956, s. 9, for section 21 (w.e.f. 28-8-1956).
2. Subs. by Act 47 of 1966, s. 23, for “an officer of Government” (w.e.f. 14-12-1966).
3. Subs. by s. 24, ibid., for “an officer of Government” (w.e.f. 14-12-1966).
4. Certain words omitted by Act 27 of 1956, s. 10 (w.e.f. 28-8-1956).
5. The words “or to the counting of votes” omitted by s. 10, ibid. (w.e.f. 28-8-1956).
19
24. General duty of the returning officer.—It shall be general duty of the returning officer at any
election to do all such acts and things as may be necessary for effectually conducting the election in the
manner provided by this Act and rules or orders made thereunder.
1
[25. Provision of polling stations for constituencies.—The district election officer shall, with the
previous approval of the Election Commission, provide a sufficient number of polling stations for every
constituency the whole or greater part of which lies within his jurisdiction, and shall publish, in such
manner as the Election Commission may direct, a list showing the polling stations so provided and the
polling areas or groups of voters for which they have respectively been provided.]
26. Appointment of presiding officers for polling stations.—(1) The 2
[district election officer] shall
appoint a presiding officer for each polling station and such polling officer or officers as he thinks
necessary, but he shall not appoint any person who has been employed by or on behalf of, or has been
otherwise working for, a candidate in or about the election:
Provided that if a polling officer is absent from the polling station, the presiding officer may appoint
any person who is present at the polling station other than a person who has been employed by or on
behalf of, or has been otherwise working for, a candidate in or about the election, to be the polling officer
during the absence of the former officer, and inform the 2
[district election officer] accordingly:
3
[Provided further that nothing in this sub-section shall prevent that 2
[district election officer] from
appointing the same person to be the presiding officer for more than one polling station in the same
premises.]
(2) A polling officer shall, if so directed by the presiding officer, perform all or any of the functions
of a presiding officer under this Act or any rules or orders made thereunder.
(3) If the presiding officer, owing to illness or other unavoidable cause, is obliged to absent himself
from the polling station, his functions shall be performed by such polling officer as has been previously
authorised by the 2
[district election officer] to perform such functions during any such absence.
(4) References in this Act to the presiding officer shall, unless the contest otherwise requires, be
deemed to include any person performing any function which he is authorised to perform under
sub-section (2) or sub-section (3), as the case may be.
4* * * * *
27. General duty of the presiding officer.—It shall be the general duty of the presiding officer at a
polling station to keep order thereat and to see that the poll is fairly taken.
28. Duties of a polling officer.—It shall be the duty of the polling officers at a polling station to
assist the presiding officer for such station in the performance of his functions.
5
[28A. Returning officer, presiding officer, etc., deemed to be on deputation to Election
Commission.—The returning officer, assistant returning officer, presiding officer, polling officer and any
other officer appointed under this Part, and any police officer designated for the time being by the State
Government, for the conduct of any election shall be deemed to be on deputation to the Election
Commission for the period commencing on and from the date of the notification calling for such election
and ending with the date of declaration of the results of such election and accordingly, such officers shall,
during that period, be subject to the control, superintendence and discipline of the Election Commission.]
29. Special provisions in the case of certain elections.—(1) The returning officer for an
election 6*** to fill a seat or seats in the Council of States or for an election by the members of the
Legislative Assembly of a State to fill a seat or seats in the Legislative Council of the State shall, with the
previous approval of the Election Commission, fix the place at which the poll will be taken for such
election and shall notify the place so fixed in such manner as the Election Commission may direct.
1. Subs. by Act 47 of 1966, s. 25, for section 25 (w.e.f. 14-12-1966).
2. Subs. by s. 26, ibid., for “returning officer” (w.e.f. 14-12-1966).
3. Ins. by Act 27 of 1956, s. 12 (w.e.f. 28-8-1956).
4. Omitted by Act 2 of 2004, s. 3 (w.e.f. 29-10-2003).
5. Ins. by Act 1 of 1989, s. 5 (w.e.f. 15-3-1989).
6. The brackets and words “(other than a primary election)” omitted by Act 27 of 1956, s. 13 (w.e.f. 28-8-1956).
20
(2) The returning officer shall preside over such election at the place so fixed and shall appoint such
polling officer or officers to assist him as he thinks necessary but he shall not appoint any person who has
been employed by or on behalf of, or has been otherwise working for, a candidate in or about the election.