Syllabus

• Election Commission: Composition, Powers and Functions of the Election

Commission-General Electoral Roll-Preparation and its Revision-Supervisory Powers
of the Election Commission-Process of Removal of Member
• Chief Election Commissioner: Political Parties-Registration and Recognition as
National & State Parties-Symbols-Election Expenses-Auditing of Party Funds-Public
Financing of Elections-State Election Commissions-Monitoring of Electoral
Expenditure of the Political Parties
• Elections Officers: Returning, Presiding and Polling Officers
• Delimitation Commission: Constituencies & Delimitation and its Commission

QUESTIONS

2024

3 (a) How the Chief Election Commissioner and other Election Commissioners of India are
appointed? Substantiate your answer with reference to Anoop Baranwal v. Union of India
(2023) and the Chief Election Commissioner and Other Election Commissioners
(Appointment, Conditions of Service and Term of Office) Act, 2023. Is there any pre- requisite
qualification of Chief Election Commissioner Commissioners of India and other ECs
prescribed by the Constitution?

(b) The ‘Election commission is the only authority to decide disputes among rival groups or
sections recognised political party staking claim to its name and symbol.’ Evaluate the
statement in the light of landmark Judgement of Supreme Court of Sadiq Ali and another v.
ECI in 1971.

4(a) A political party ('XYZ') called for a Bharat bandh to protest against a recently enacted
legislation. the day of the bandh, the workers of the ‘XYZ' tried to enforce the bandh by using
force. A citizen filed a complaint before the Election Commission of India asking it to
deregister the 'XYZ' for indulging in these acts which were declared unconstitutional by the
Supreme Court in Communist Party of India (Marxist) v. Bharat Kumar [AIR 1998 SC 184].
Elucidate the powers and functions of the Election Commission under the Constitution of India,
1950 and the Representation of People Act, 1951 and discuss whether the Election Commission
has the power to deregister the 'XYZ' for calling and enforcing the bandh through coercion.

B Explain the process of delimitation and its significance in the Indian electoral system.
Discuss the implications of the freeze on delimitation until the first census is conducted after
2026.

2023

3 (a)The role played by the Election Commission of India has bestowed a very high level of
confidence in the minds of Indian citizens in ensuring the purity of the elected legislative bodies
in the country. Critically examine.

(b)What is the procedure for removal of an Election Commissioner? Can the functions of the
Election Commission be delegated?

4 (a)There are 543 Parliamentary constituencies in India each electing one member. Who
demarcates the boundaries of these constituencies? What is the main basis for allocation of
seats to various States in the Lok Sabha? the (b)Discuss the Constitutional principles for
delimitation of constituencies in India. Can the order Delimitation Commission reserving a
parliamentary constituency for scheduled castes be challenged in any Court?

2022

3(a) “Deficiencies in the present system of appointment of Election Commissioners needs to

be removed and adequate safeguards must be put into place to ensure that ethical and capable
people head the concerned positions”. Comment. (b) Is there any difference between the status
of the Chief Election Commissioner vis-a-vis other Election Commissions under the
Constitution of India? What is the procedure for removal of an election commissioner? Can the
Election Commission de-register a political party on any ground?

4.(a) What is the basis for delimitation of constituencies in India? Discuss the Constitutional
principles for delimitation of constituencies in India. Can the orders of the Delimitation
Commission be challenged in a court of law?
 ELECTION COMMISSION

1. Constitutional Framework and Composition

• Article 324 of the Constitution vests the Election Commission (EC) with the
superintendence, direction, and control over:
o Preparation of electoral rolls.
o Conduct of elections to Parliament, State Legislatures, and for the offices of the
President and Vice-President.
• Article 324(2) & (3):
o The Election Commission is composed of the Chief Election Commissioner
(CEC) and such number of Election Commissioners as the President may fix.
o When additional Election Commissioners are appointed, the CEC serves as the
Chairman of the Commission.
Status of ECs vs CECs- In T.N. Sheshan, CEC vs UOI, 1995, SC held- The Election
Commission is an important public body, and the Constitution (Article 324) sets it up with the
Chief Election Commissioner (CEC) and other Election Commissioners (ECs). Unlike
Regional Commissioners (RCs), who only assist, ECs are full members of the Commission.
This means they should have a say in decisions. If the CEC alone had all the power, the ECs
would become useless, which is not what the Constitution intends. So, ECs are not just advisors
to the CEC—they play an active role in decision-making. The CEC does not enjoy a status
superior to ECs.
• Appointment Authority:
o The CEC and Election Commissioners are appointed by the President of India
in accordance with any law made by Parliament on this matter.

2. Statutory Provisions under the 2023 Act

Earlier there was no law and appointment was made on the recommendation of the cabinet. In
2023, SC prescribed a procedure to be followed till the parliament does not come up with a
law.
In Anoop Baranwal vs Union of India (2023), the Supreme Court held that the selection of
the CEC must be done by a three-member committee comprising:
1. The Prime Minister (PM)
2. The Leader of Opposition
3. The Chief Justice of India (CJI)
But in the same year parliament passed- THE CHIEF ELECTION COMMISSIONER
AND OTHER ELECTION COMMISSIONERS (APPOINTMENT, CONDITIONS
OF SERVICE AND TERM OF OFFICE) ACT, 2023
• S.3– Composition- Election commission shall consist of - a. CEC, and b. Such other
Election Commissioner as Prez may fix from time to time (earlier it was Prez may by
law made by parliament. But in 2023, law has finally come).

• Section 4 – Appointment:
o The CEC and other Election Commissioners are appointed by the President via
a warrant under his hand and seal.
• Section 6 – Search Committee:
o Headed by the Minister of Law and Justice, this committee, along with two
members not below the rank of Secretary to the Government of India, prepares
a panel of five persons.
• Section 7 – Selection Committee:
o The Selection Committee, comprising:
 ▪ The Prime Minister (as Chairperson),
▪ The Leader of Opposition in the House of the People (or the leader
of the largest opposition party), and
▪ A Union Cabinet Minister nominated by the Prime Minister,
recommends appointments for the CEC and other Election
Commissioners.
• Section 9 – Term of Office:
o The CEC and Election Commissioners hold office for six years from the date
of assumption or until they reach the age of sixty-five, whichever is earlier.
o Re-appointment is not permitted, and if an Election Commissioner is promoted
to CEC, the aggregate term does not exceed six years.
• Section 11 – Resignation and Removal:
o Resignation is allowed at any time by writing to the President.
o The CEC can only be removed on grounds and in a manner similar to that of a
Supreme Court judge, ensuring its independence.
o Other Election Commissioners can be removed only upon the
recommendation of the CEC.

Dr Jaya Thakur v. UOI, 2024- SC refuses to stay the Election Commissioner and other Election
Commissioner (Appointment, Conditions and terms of office) Act. 2023. The act was
challenged as in the selection committee, CJI was dropped, which violated free and fair
elections and is against Anoop Baranwal v. UOI. SC refused to stay appointments of new
election commissioners under the new 2023 Act
3. Qualifications
• Constitutional:
o Originally, the Constitution did not specify qualifications for the appointment
of the CEC or Election Commissioners.
o In Bhagwati Prashad Dixit Ghorewala v. Rajiv Gandhi, it was argued that the
CEC should have qualifications akin to those of a Supreme Court judge;
however, the Supreme Court rejected this argument.
• 2023 Act:
o The current statutory framework requires that appointments be made from
among persons who have held posts equivalent to the rank of Secretary to the
Government of India.
o Appointees must be persons of integrity with adequate knowledge and
experience in the management and conduct of elections.
Inherent Powers and Electoral Management
• Postponement of Elections:
o The EC holds inherent power under Article 324 to postpone elections in cases
of exigency.
o The Court in Bayed Ahmed v. Brijendra Nath Pathak & Ors. (AIR 1998 MP
Election Law 293) affirmed that the EC may determine if an exigency justifies
postponement without needing to specify the reasons in detail.
• Advisory Jurisdiction:
o Under Articles 103 and 192 of the Constitution, the EC has advisory jurisdiction
regarding:
▪ Post-election disqualifications of Members of Parliament and State
Legislatures.
 ▪ Disqualification of candidates found guilty of corrupt practices (as
referred under Section 8A of the Representation of the People Act,
1951).
▪ The binding nature of its opinions on disqualification matters is
extended to the President or the Governor.
• Disqualification and Expense Accounting:
o Under Section 10A of the Representation of the People Act, 1951, the EC is
empowered to disqualify candidates who fail to file their election expense
accounts within the prescribed timeframe.
o The EC also oversees other disqualifications, including those related to criminal
offences, corruption, disloyalty, and government contracts under Sections 8, 9,
and 9A.
3. Additional Electoral Functions
• Fixing Election Schedules:
o Under Section 14 of the Representation of the People Act, 1951, the EC
exclusively fixes the schedule for elections.
• Role in Political Party Registration and Symbol Allocation:
o The EC registers political parties under Section 29A of the Representation of
the People Act, 1951, a function deemed quasi-judicial.
o It also classifies registered parties as national or state parties based on criteria
(e.g., poll performance) under the Election Symbols (Reservation and
Allotment) Order, 1968.
o In cases of party splits or mergers, the EC decides on the legitimacy of the new
group or merger, as per its directives, with its decisions being quasi-judicial and
subject to immediate appeal to the Supreme Court under Article 136.
4. Delegation of Functions
• Internal Delegation:
o The EC may delegate functions to a Deputy Election Commissioner within its
Secretariat or to its Secretary, subject to directions under Section 19A of the
Representation of the People Act, 1951.
• Ensuring Effective Administration:
o This delegation is designed to facilitate the smooth functioning of the EC’s
myriad responsibilities, ranging from electoral roll preparation to the
superintendence of elections.

CASES
1. Sadiq Ali v. The Election Commission of India (AIR 1972 SC 187)
• Facts:
o Internal dispute within the Congress Party over its rightful symbol and
leadership following a split.
o Rival factions exchanged communications with the Election Commission
regarding representation and symbol entitlement.
• Legal Issue:
o Whether the Election Commission's use of majority numbers under paragraph
15 of the Symbol Order exceeded its constitutional authority.
• Decision:
o The Supreme Court upheld the Election Commission’s approach, affirming that
its actions were within the scope of its constitutional mandate under Article 324.
o THE SC clarified that ECI is the ONLY authority to decide on a dispute in a
political party or a merger of political parties.
2. Indian National Congress (I) v. Institute of Social Welfare (AIR 2002 SC 2158)
• Facts:
o Dispute concerning whether the Election Commission has the power to de-
register a political party for calling a bundh (or hartal) that allegedly violated
constitutional norms.
• Legal Issue:
o Whether the EC, under Section 29A of the Representation of the People Act,
1951, can cancel a political party’s registration based on such actions.
• Decision:
o The Supreme Court held that the EC does not have the express statutory
authority to de-register a party solely for these reasons, except in cases of fraud
or breach of constitutional commitments.
3. In A.C. Jose v. Sivan Pillai (AIR 1984 SC 921), the Hon’ble Supreme Court clarified that:

• Where no specific Parliamentary legislation or rules exist, the EC may issue orders
freely regarding the conduct of elections.

• Where there are statutes and express rules, the EC’s directions must supplement, not
contradict, those laws.

• If a direction is submitted for Government approval as required by the rules, the EC

cannot unilaterally implement it if approval is withheld.

THE 2023 act has been challenged in Dr Jaya Thakur & Ors. v. Union of India & Anr. |
Writ Petition (Civil) No. 14 of 2024 (and connected cases).
 Registration of Political Parties and Symbols

For the purpose of registration of any association or body of individual citizens of India as a
political party, the association or body is required to make an application to the Election
Commission of India giving therein full particulars required under sub-section(4) of Section
29A of the Representation of the People Act, 1951 and additional particulars required under
the Registration of political parties (Furnishing of Additional Particulars) Order, 1992.

I. Registration of Political Parties (Section 29A(4) and Related Provisions)

• Application Process:
o A political party seeking registration must fill out a form and submit it to the
Election Commission of India (ECI).
o It should be sent by registered post or presented personally to the Secretary of
the Election Commission.
o The application must be submitted within 30 days from the date of the party's
formation.
o Late applications are time-barred under Section 29A(2)(b) of the Representation
of the People Act, 1951.
o It must contain a specific provision, as mandated by Section 29A(5) of the
Representation of the People Act, 1951, stating that the party:
▪ Shall bear true faith and allegiance to the Constitution of India.
▪ Shall adhere to the principles of socialism, secularism, and democracy.
▪ Shall uphold the sovereignty, unity, and integrity of India.
• Format and Content of the Registration Form:
o Article 1: Name of the party.
o Article 2: Objectives of the party.
o Article 3: Membership details, requiring a minimum of 100 members who
possess Election IDs.
o Article 4: Details of key office bearers (President, Vice President, Secretary).
o Article 5: List of other office bearers.

II. Recognition as National and State Parties

• Criteria for National Party Recognition:

o Option 1: Secure at least 6% of valid votes in the Lok Sabha from four or more
states and win at least four Lok Sabha seats.

o Option 2: Win 2% of the total Lok Sabha seats (e.g., 11 seats) in three different
states.

o Option 3: Be recognized as a state party in at least four states.

• Criteria for State Party Recognition:

o Option 1: Secure 6% of valid votes in the Legislative Assembly and win at least
2 seats.
 o Option 2: Secure 6% of valid votes in a Lok Sabha election from that state and
win at least 1 seat.

o Option 3: Win at least 3% of seats or a minimum of 3 seats in the Legislative

Assembly, whichever is higher.

o Option 4: For every 25 seats allocated in the Lok Sabha from that state, secure
at least 1 seat.

o Option 5: Secure 8% of total valid votes in either the Lok Sabha or Legislative
Assembly elections in that state.

• Continued Recognition:

o Recognition as a national or state party is subject to review every two

consecutive Lok Sabha or Legislative Assembly elections (as amended in 2016,
effective retroactively from 2014). Failure to meet these conditions may lead to
de-recognition by the ECI.

III. Election Symbols

• Types of Symbols:

1. Reserved Symbols:

▪ Allocated exclusively to recognized national and state parties.

2. Free Symbols:

▪ Available for registered political parties that are not recognized, as well
as for independent candidates.

• Conditions and Restrictions:

o If a party’s registration is canceled, it is barred from using its symbol for six
years.

o For a state party contesting in another state (e.g., a UP party using its symbol in
Delhi), an application must be filed with the ECI within 3 days.

• Dispute Resolution:

o The ECI resolves disputes regarding election symbols under the Election
Symbols (Reservation and Allotment) Order, 1968.

o Majority and Numerical Strength Test:

▪ In disputes among rival groups (e.g., the split within Congress), the ECI
examines the majority support among members, including the
legislative wing (MPs and MLAs) and the organizational wing (primary
party members).

o Case Law Reference:

 ▪ In Sadiq Ali v. Election Commission of India, the Supreme Court upheld
the ECI’s method of resolving symbol disputes based on majority
support and numerical strength.

o Remedies:

▪ If the ECI cannot determine a clear majority, it may freeze the party
symbol, requiring rival factions to register separately or alter their party
name with a prefix/suffix until resolution.

IV. Benefits of Recognition and Symbol Allotment

• For Recognized Parties:

o National Parties:

▪ Entitled to exclusive use of reserved symbols across India.

▪ May have additional privileges such as free broadcast time on national

media, streamlined nomination processes, and priority in campaign
finance considerations (e.g., higher limits for star campaigners).

o State Parties:

▪ Receive exclusive allotment of reserved symbols within their state.

• Other Advantages:

o Recognized parties generally face fewer procedural hurdles in nominations

(e.g., not needing to secure a minimum number of proposers).

o The ordering of candidates on ballot papers or EVMs is standardized, aiding

voter recognition.

o Subsidized space for party headquarters may be provided by the ECI.

 DELIMITATION

1. Delimitation

• A. Definition

• Delimitation is the process of fixing the number of seats and drawing the boundaries
of territorial constituencies for the Lok Sabha (House of the People) and State
Legislative Assemblies.

• It also involves determining the allocation of reserved seats for Scheduled Castes (SC)
and Scheduled Tribes (ST).

• B. Basis for Delimitation

• The process is carried out after each Census.

• The upcoming delimitation is scheduled on the basis of the First Census conducted after
2026.

2. Constitutional and Legal Framework

• A. Constitutional Articles Involved

• Article 81(1) & 170(1):

o Define the maximum limits for the membership of the Lok Sabha and State
Legislative Assemblies.

• Article 81(2)(a):

o Provides the principle for allocating seats in the Lok Sabha, ensuring that the
ratio between the number of seats and the state population is as uniform as
practicable.

• Article 82

o Upon completion of each census, the allocation of seats in the House of the
People to the States, along with the division of each State into territorial
constituencies, must be readjusted according to guidelines set by Parliament.

• Article 170(2):

o States that each state must be divided into constituencies such that the ratio
between the population of each constituency and the seats allotted remains as
consistent as possible.

• Article 327:
 o Article 327 grants Parliament the legislative power to make laws concerning all
aspects of elections, including delimitation, to both Houses of Parliament and
State Legislatures.
• Article 330:

o Mandates that seats must be reserved for SC and ST communities in proportion

to their population.

• Article 329(a):

o Provides that the validity of any law related to delimitation shall not be
challenged in any court, emphasizing the finality of the delimitation orders.

• B. The Delimitation Act

• After every Census, Parliament enacts a Delimitation Act (under Article 82 for Lok
Sabha and Article 170 for states) that governs how the process should be carried out.

• It is important to note that the Delimitation Commission is a statutory body, not a

constitutional body.

• Acts have been passed in 1952, 1962, 1972, and 2002 corresponding to each major
delimitation exercise.

3. Historical Context and Delimitation Exercises

• A. Historical Evolution

• First Delimitation Exercise (1950-51):

o Conducted by the President with assistance from the Election Commission.

• Subsequent Delimitation Commissions:

o Constituted on four occasions:

▪ 1952

▪ 1963

▪ 1973

▪ 2002

• Additional Details:

o The 42nd Amendment (1976) and 84th Amendment (2002) postponed

delimitation, citing the need to avoid penalizing states with effective population
control.

o The 2002 delimitation act redrew constituency boundries based on the 2001
census, but froze the total number of seats to the 1971 census.
 • B. Purpose of Delimitation

• To adjust political representation in accordance with demographic changes.

• To reflect shifts in population distribution over time.

4. Significance of Delimitation

• A. Representation

• Ensures fair representation in legislative bodies by adjusting seats to match population

changes.

• Upholds the democratic principle of "one citizen – one vote – one value."

• B. Equity

• Aims for an equitable distribution of constituencies, preventing over- or

underrepresentation of any region.

• Adjusts boundaries to reflect shifts in population, thus balancing representation across

regions.

• C. Reserved Seats for SC/ST

• Allocates reserved seats for Scheduled Castes and Scheduled Tribes based on their
demographic proportion.

• Guarantees political representation for historically marginalized communities.

• D. Federalism

• Impacts the federal structure by influencing the distribution of political power among
states.

• Balances population-based representation with federal principles to maintain harmony

among states.

• E. Population Control Measures

• Historical Context:

o The use of the 1971 Census for delimitation was partly aimed at incentivizing
population control measures.

• Current Debate:

o There is discussion about the implications of using updated population data

post-2026, especially given the shifts in demographic trends.

5. Concerns and Challenges

• A. Regional Disparity
 • Delimitation based solely on population may favor regions with higher population
growth.

• Southern States:

o Despite better population control and contributing a higher share to GDP (e.g.,
35% of GDP with only 18% of the population), may face reduced
representation.

• Northern States:

o With higher population growth, may see an increase in their number of seats.

• B. Funding and Resource Allocation

• Previous delimitation exercises influenced funding formulas (e.g., based on the 2011
Census by the 15th Finance Commission).

• Changes in seat allocation may lead to southern states losing representation—and

consequently, funding—while northern states might gain both.

• C. Impact on SC/ST Reservations

• Redistribution of seats could alter the number of reserved seats for SC and ST
communities.

• This may shift political power dynamics, potentially favoring parties with strong
support in regions that gain more seats.

• D. Gerrymandering

• Definition:

o The practice of manipulating electoral boundaries to favor a particular political

party or group.

• Historical Origin:

o The term originated in the United States in 1812 when Governor Elbridge Gerry
approved an oddly shaped district resembling a salamander.

• Impact:

o Can undermine the fairness of elections by diluting or concentrating voter bases

to benefit certain interests.

6. The Delimitation Commission Act 2002

• A. Appointment and Composition

• Appointment:

o The Commission is appointed by the Central Government (Section 3 of the Act).

• Members (as per the 2002 Act):

o A retired Supreme Court judge

o The Chief Election Commissioner

o Respective State Election Commissioners

• Associate Members (Section 5):

o For the purpose of assisting the Commission in its duties in each state:

▪ Ten persons per state (five members of the House of the People and five
members of the Legislative Assembly).

• B. Functions and Duties

• To determine the number and boundaries of constituencies ensuring nearly equal

population across constituencies.

• To designate seats for SC and ST reservations where their population is significant.

• Specific Duties (as per the 2002 Act):

o Readjust territorial constituencies based on census figures (initially based on the

2001 Census, later amended to 2011 for delimitation of Assembly and
Parliamentary Constituencies).

o Allocate reserved seats for Scheduled Castes and Scheduled Tribes.

o The number of seats allocated to the states is based on the 1971 Census.

• C. Powers and Finality

• The majority opinion prevails in the event of any disagreement among Commission
members.

• Its orders have the force of law, and judicial intervention is barred by constitutional
provisions (Article 329(a)).

• D. WHETHER ORDER OF THE COMMISSION SUBJECT TO JUDICIAL

REVIEW

• Vallabhbhai Kushalbhai Patel v. State of Gujarat, 1979

o The reservation of certain assembly constituencies by the Delimitation

Commission was challenged as unconstitutional.

o The Gujarat High Court declined to entertain the challenge, citing the
constitutional safeguard that protects delimitation orders from being questioned
in court.
In the case of Meghraj Kothari v. Delimitation Commission & Ors., 1967 the Supreme Court
upheld a notification issued on July 24, 1964, by the Delimitation Commission under the
Delimitation Commission Act, 1962, which reserved the Ujjain City constituency for
Scheduled Castes. The petitioner, a resident of Ujjain, contended that this action deprived him
of his right to contest in what had been a general constituency. However, the Court dismissed
the challenge, clarifying that under Article 329(a) of the Constitution, the validity of any law
relating to the delimitation of constituencies or the allotment of seats—made under Article
327—is beyond judicial scrutiny.

• Kishorchandra Chhanganlal Rathod Versus Union Of India, 2024

o The Supreme Court held that nothing precludes the constitutional courts from
checking the validity of orders passed by the Delimitation Commission on the
touchstone of the Constitution if an order is found to be manifestly arbitrary and
irreconcilable to constitutional values.
o “If judicial intervention is deemed completely barred, citizens would not have
any forum to plead their grievances, leaving them solely at the mercy of the
Delimitation Commission. As a constitutional court and guardian of public
interest, permitting such a scenario would be contrary to the Court's duties and
the principle of separation of powers.”, the court said.
o “We, however, do not approve the view taken by the High Court that the order
of delimitation of constituencies, issued in exercise of statutory powers under
the Delimitation Act, is entirely insusceptible to the powers of judicial review
exercisable under Article 226 of the Constitution. Although Article 329
undeniably restricts the scope of judicial scrutiny re: validity of any law relating
to the delimitation of constituencies or the allotment of seats to such
constituencies, it cannot be construed to have imposed for every action of
delimitation exercise.”
o The court said that in Meghraj Kothari's case, the judicial interference was
restricted to avoid unnecessary delay in the election process and the same cannot
be relied upon by the respondent to hold that there's a complete bar on the
powers of the constitutional courts to interfere with the order of the delimitation
commission.
ELECTION OFFICIALS

Returning Officer (RO)

o An RO is responsible for overseeing the election process in a single
constituency.
o In certain instances, as directed by the Election Commission of India (ECI), an
RO may be assigned to manage elections in two constituencies.
• Appointment and Legal Basis:
o The ECI appoints Returning Officers and Assistant Returning Officers (AROs)
for each constituency.
o This appointment is made in consultation with the respective State Governments
and Union Territories (UTs).
o The legal basis for these appointments is found in Sections 21 and 22 of the
Representation of the People Act, 1951 (R.P. Act, 1951).
o The ECI nominates or designates an officer of the government or local authority
as the returning officer.
• Multiple Constituency Assignments:
o The ECI has the authority to appoint a single individual as the RO for multiple
constituencies.
• Assistant Returning Officers (AROs):
o The ECI may appoint one or more AROs for each Assembly or Parliamentary
constituency.
o AROs assist the RO in performing their duties related to the conduct of the
election.
o Every ARO must be an officer of the government and local authority.
2. Duties and Responsibilities of the Returning Officer
• Efficient Election Conduct:
o The primary duty of an RO is to conduct the election for their assigned
Assembly or Parliamentary constituency in an efficient and impartial manner.
• Key Stages and Duties:
o a) Notice Publication:
▪ Publishing the official notice regarding the election.
o b) Nomination Process:
▪ Accepting and meticulously scrutinizing nomination forms submitted by
candidates.
o c) Affidavit Publication:
▪ Publishing the affidavits of candidates, providing transparency to the
electorate.
o d) Symbol Allotment:
▪ Allotting election symbols to the contesting candidates, ensuring fair
representation.
o e) Contesting Candidate List:
▪ Preparing and publishing the official list of contesting candidates.
o f) Postal Ballot Management:
▪ Printing and dispatching postal ballot papers and managing
Electronically Transmitted Postal Ballots (ETPBs).
o g) EVM Ballot Preparation:
▪ Printing ballot papers with candidate photographs for use in Electronic
Voting Machines (EVMs).
o h) EVM/VVPAT Preparation:
 ▪ Preparing and ensuring the proper functioning of EVMs and Voter
Verifiable Paper Audit Trails (VVPATs).
o i) Polling Personnel Training:
▪ Training polling personnel on all aspects of election procedures,
including the operation of EVMs and VVPATs.
o j) Polling Officer Deployment:
▪ Deputing Polling Officers to polling booths, along with necessary
election materials.
o k) Poll Day Supervision:
▪ Supervising the functions of Polling Officers within their constituency
on polling day.
o l) Free and Fair Election Assurance:
▪ Ensuring that the election is conducted in a free, fair, and transparent
manner.
o m) Counting Center Designation:
▪ Designating counting centers and obtaining approval from the ECI well
in advance.
o n) Counting Notice to Candidates:
▪ Sending notices to candidates regarding the place, date, and time of the
vote counting.
o o) Counting Staff Appointment and Training:
▪ Appointing and training counting staff to ensure accuracy and efficiency.
o p) Vote Counting and Result Declaration:
▪ Conducting the vote counting process and officially declaring the
election results.
Presiding Officer- Presiding Officer can appoint Polling officer (PO). The District Election
Officer appoint a Presiding Officer for each polling station if Polling Officer is absent from
polling station the Presiding Officer may appoint any person present at PS other than a person
employed by or on behalf or has been otherwise working for a candidate in or about election
to be the PO. During the absence of the former officer and inform DEO accordingly. Same
person can be PO for more than one PS in the same premises. It is the general duty of the PO
to keep order, threat and to see that the poll is normal i.e., fairly taken. [Section 28].