APPOINTMENT OF ELECTION STAFF AND DISCIPLINARY CONTROL

Officers and staff employed in connection with the conduct of elections .

Election Commission's letter No. 4/93/J.S.II Dated : 20th July, 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 regarding.

I am directed to refer to the Commission's letter of even number dated the 6th January, 1993, in which the constitutional and legal position of officers and staff employed in connection with the conduct of elections has been explained and clarified. A copy of the said letter* is enclosed for ready reference.

2. At the time of any election in a State/Union Territory, arrangements have to be made by the State Government/Administration not only for maintenance of proper law and order but also in several other diverse matters in connection with the conduct of elections and counting of votes like the provision of Government staff to the District Election Officers/Returning Officers for appointment as Presiding Officers, Polling Officers, Counting Supervisors, Counting Assistants, etc., provision of vehicles for transport of polling personnel and polling material, printing of ballot papers in the Government Presses, etc. Various departments of the State Government/Administration are involved in these arrangements. Work of all these departments of the State Government/Administration is coordinated and supervised by the Chief Secretary to the Government. In so far as election-related arrangements are coordinated and supervised by the Chief Secretary to the Government, he acts as a link between the Election Commission and the State Government and thus acts not only on behalf of the State Government but also on behalf of the Commission. The Chief Secretary will, therefore, be deemed to be an officer of the Election Commission while coordinating and supervising the election-related work in the State/Union Territory and will be subject to its control, supervision and discipline within the meaning of Article 324(6) of the Constitution read with section 13CC of the Representation of the People Act, 1950 and section 28A of the Representation of the People Act, 1951.

3. Likewise, the Home Secretary to the State Government/Administration who coordinates and supervises, subject to overall coordination and supervision by the Chief Secretary, the arrangements relating to the maintenance of law and order in the State at the time of elections also performs election related duties. Accordingly, he will also work subject to overall control, superintendence and discipline of the Election Commission within the meaning of the above referred provisions of the Constitution and the Representation of the people Acts in so far as election related work is concerned.

4. The Commission desires the above constitutional and legal position be brought to the notice of the abovementioned officers and all others concerned. It must be fully understood that the present clarification is not confined only to the Chief Secretary and Home Secretary to the State Government/Administration but also applies equally to all other officers below them who may be performing an election-related duties.

5. The receipt of this letter should be acknowledged immediately and in any case by 31st August, 1993.

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



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