APPOINTMENT OF ELECTION STAFF AND DISCIPLINARY CONTROL

Verification of antecedents and replacement of officers against whom disciplinary action was taken or who have suspected political leanings.

Election Commission's order No. 464/ES002/94, Dated : 31st August, 1994

------------------------------------Order

0.1. Sub-section (i) of section 13AA of the Representation of the People Act, 1950 states as follows:

"13AA. District election officers.- (1) For each district in a State, other than a Union territory, the Election Commission shall, in consultation with the Government of the State, designate or nominate a district election officer who shall be an officer of Government.

Provided that the Election Commission may designate or nominate more than one such officer for a district if the Election Commission is satisfied that the functions of the office cannot be performed satisfactorily be one officer."

02. Section 21 of the Representation of the People Act, 1951 states as follows :

"21. Returning Officer.- 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 an officer of Government or of 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."

03. There are similar provisions in law relating to nomination/designation of other election related officers.

04. Considering the very large number of district election officers and returning officers required to conduct, supervise and co-ordinate the conduct of elections, the Commission has not been examining the suitability and capability of individual officers for carrying out the statutory responsibilities assigned to them with fairness and in a non-partisan manner. As a matter of practice, therefore, the nomination of these electoral officers has been done by designation hitherto.

05. The Commission is deeply aware of the tendency on the part of certain State Governments to appoint pliable and politically motivated officers on positions nominated by the Commission to carry out statutory election related duties, replacing forthright officers not necessarily working in consonance with the political ambitions of the ruling political party or wishes of some local political leaders. This tendency manifests itself particularly during the period when elections from the concerned State or a part thereof become imminent.

06. During the recent past the Commission has been constrained to take punitive action against a number of errant officers who deliberately and knowingly acted in violation of prescribed norms of free and fair conduct of elections.

07. The Commission vide its order No. 464/94 dated 12th August, 1994, had, interalia, directed that immediately after the announcement of elections, it will scrutinise the antecedents of each and every statutory and election related officer and seek replacement of all officers who have suspected political leanings and are found to be working under partisan pressures and temptations, keeping in view the suitability and competence of the concerned officers for the concerned electoral assignment.

08. As a first step in the above mentioned exercise the Commission directs the Chief Electoral Officer of each of the States to immediately consolidate information about all District Magistrates, District Election Officer and Returning Officers of all Assembly Constituencies in the formats attached as Annexure I, II and III respectively, and send it to the Commission. The Chief Electoral Officer will attach a confidential note about each such officer about whom complaints have been received from any political party reflecting on his impartiality during his tenure. This must reach the Commission not later than 15th of September, 1994.

09. The Chief Electoral Officer shall give a certificate in respect of each of the officers that he is totally impartial and is fit to conduct the election in a free and fair manner.

10. The Commission will tally the information thus compiled with information available to it through other sources at its command.

11. The Commission warns all concerned that it will take the most serious action against any willful misrepresentation or suppression of information. The Commission will also take all other action available to it under the law to prevent any attempt to subvert the purity of the election process.

To.

1. The Chief Secretaries of all States and Union Territories.

2. The Chief Electoral Officers of all States and Union Territories.



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