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THE REPRESENTATION OF THE PEOPLE ACT, 1951

Title : THE REPRESENTATION OF THE PEOPLE ACT, 1951

Year : 1951


In this Part and in Part V, unless the context otherwise requires, "constituency" means 1* * * a Parliamentary constituency or an Assembly constituency or a Council constituency. 

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 there under 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.]

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1. Certain words omitted by Act 103 of 1956, s. 66.

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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.

20A. 2*General duties of district election officer.

Subject to the superintendence, direction and control of the chief electoral officer, the district election officer shall coordinate 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.

(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.]

20B. 3*The Election Commission

(1) The Election Commission may nominate an Observer who shall be an officer of Government to watch the conduct of 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 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.]

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1. Subs. by Act 27 of 1956, s. 9, for ss. 20 and 21.

2. Ins. by Act 47 of 1966, S. 22 (w.e.f. 14-12-1966).

3. Ins. by Act 21 of 1996, s. 4 (w.e.f. 1-8-1996).

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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 1*[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.]

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1. Subs. by s. 23, ibid., for " an officer of Government "(w.e.f. 14-12-1966).

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(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 2*[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 1* * * to the scrutiny of nominations unless the returning officer is unavoidably prevented from performing the said function.

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1 Ins. by Act 47 of 1966, s. 21 (w.e.f. 14-12-1966).

2 Subs. by s. 24, ibid., for "an officer of Government".

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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. 



It shall be the 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 there under. 
Last updated on September, 2016

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