APPOINTMENT OF ELECTION STAFF AND DISCIPLINARY CONTROL

Officers & Staff employed in connection with the conduct of elections-police officers.

Election's Commission's letter No. 4/93/J.S.II, Dated : 6th January, 1993 addressed to

1. The Chief Secretaries to the Government of all States (except Jammu & Kashmir) and Union Territories. 2. The Cabinet Secretary to the Government of India, New Delhi.

Subject : - Officers and staff employed in connection with the conduct of elections-police officers-regarding.

I am directed to state that the Constitution of India vide clause (1) of Article 324 has vested the superintendence, direction and control of, inter alia, the conduct of all elections to Parliament and to the Legislature of every State in the Election Commission. Clause (6) of Article 324 provides that the President or the Governor of a State, shall, when so requested by the Election Commission, make available to the Election Commission such staff as may be necessary for the discharge of the functions conferred on the Election Commission by clause (1).

2. The Parliament has clarified by section 13CC of the Representation for the People Act, 1950, as inserted by the Representation of the People (Amendment) Act, 1988 with effect from 15-3-89, as under :-

13CC, Chief Electoral Officers, District Election Officers, etc. deemed to be on deputation to Election Commission. The officers referred to in this Part and ANY OTHER OFFICER or staff employed in connection with the preparation, revision and correction of the electoral rolls for, and the conduct of, all elections shall be deemed to be on deputation to the Election Commission for the period during which they are so employed and such officers and staff shall, during that period, be subject to the control, superintendence and discipline of the Election Commission.

3. By Section 28A of the Representation of People Act, 1951, as inserted by the above mentioned Amendment Act with effect from 15-3-89, the Parliament has also further clarified that any police officer designated for the time being by the State Government for the conduct of any election shall also be likewise deemed to be on deputation to the Election Commission and be subject to its control, superintendence and discipline. The said section 28A is reproduced below :-

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.

4. At the time of any election in a State/Union Territory, it is essential that proper law and order is maintained in the whole of the State/Union Territory, during the entire election period from the time the elections are announced by the Commission and till the same are completed by the due constitution of the House concerned. Equally important is it to provide due protection and security to the election officers, polling personnel and polling materials as well as to the candidates, leaders of political parties and other important functionaries in each constituency, so as to ensure free and fair election.

5. The above arrangements are the responsibility, duty and function of the police officers and police personnel not only at the constituency level but also of the police officers at the District level and State level. All police officers and police personnel starting with the Director General of Police/Inspector General of Police/Commissioner of Police at the top level, officers immediately subordinate to them, including but not limited to DIGs, SSPs, SPs, Dy. SPs, and down to Inspectors, Sub-Inspectors, Assistant Sub-Inspectors, Head Constables and Constables (including home guards, ex-servicemen, etc.) who are involved in any way in the above mentioned election-related arrangements perform duties in connection with the conduct of elections. They all are thus by law officers of the Commission being on deputation to it and are subject to its control, superintendence and discipline and are answerable to the Commission for any acts of commission on their part while performing any election related duties.

6. Likewise, the officers and personnel of Central Police Forces and any, armed police force of a State or Special Security Forces when deployed on election-related duties in any State/Union Territory are also subject to the Control, superintendence and discipline of the Commission.

7. The Commission desires that the above legal position should be immediately brought to the notice of all police officers and police personnel mentioned above for their information and compliance. It may be impressed upon them that any lapse on their part in the performance of their election relation duties will be viewed by the Commission appropriately.

8. The receipt of this letter may kindly be acknowledged. A copy of the instructions issued by the Government/Administration in this behalf should be endorsed to the Commission for its information and record before 31-01-1993.

9. Copy forwarded for information and necessary action to the Chief Electoral Officers of all States/Union Territories (except Jammu and Kashmir).



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