 |
(i) THE ORGANISATION, FUNCTIONS AND DUTIES
The Directorate of Election and the electoral machinery in the state is headed by the Chief Electoral Officer, who is appointed by the Election Commission of India and functions under its superintendence, direction and control. The Chief Electoral Officer is a statutory authority appointed under sec 13A of the Representation of the People Act, 1950. The Directorate of Election is manned by the Joint Chief Electoral Officer, Assistant Chief Electoral Officer, Superintendent and staff who are part of the administrative machinery of the State Government, but who, during their tenure in the Directorate, are deemed to be on deputation to the Election Commission. These officers however, do not have any statutory standing. The regular election machinery in the field mainly consists of District Election Officers, Electoral Registration Officers, Assistant Electoral registration Officers, Returning Officers and Assistant Returning Officers, who are statutory authorities in their respective jurisdictions. Each district also has an Election Officer, drawn from the State Civil Service cadre who looks after the Election Branch of the District Election Officer’s establishment. At the time of preparation and revision of the electoral rolls and the conduct of elections, the electoral machinery gets augmented by the induction of hundreds of staff at lower levels to perform duties as Enumerators, Supervisors, Presiding Officers of polling stations, Polling Officers, Counting Supervisors, Counting Assistants and so on.
The main functions of the Directorate of Election are the preparation and revision of electoral rolls and the conduct of elections to the Parliament and State Legislatures. In addition, the Directorate of Election has undertaken the implementation of EPIC scheme since October, 2002 and also provides clerical and logistical support to the Delimitation Commission during the Delimitation of Parliamentary and Assembly Constituencies.
(ii) THE POWERS AND DUTIES OF OFFICERS & EMPLOYEES
As mentioned at (i), the Chief Electoral Officer is the head of the electoral machinery in the state. He is appointed by the Election Commission and functions under its superintendence, direction and control. The Chief Electoral Officer is a statutory authority appointed under sec 13A of the Representation of the People Act, 1950. The Joint Chief Electoral Officer, Assistant Chief Electoral Officer, Superintendent and staff belong to the State Government, but during their tenure in the Directorate, are deemed to be on deputation to the Election Commission of India. These officers however, do not have any statutory standing. The regular election machinery in the field such as District Election Officers, Electoral Registration Officers, Assistant Electoral registration Officers, Returning Officers and Assistant Returning Officers have statutory powers in their respective jurisdictions, as per the Representation of the People Act, 1950 and 1951.
The duties of the officers and employees of the Directorate of Election are mainly administrative in nature. They assist the Chief Electoral Officer in supervising the preparation and revision of electoral rolls, the conduct of elections to the Parliament and State Legislatures and the implementation of the EPIC Scheme. They also provide clerical and logistical support to the Delimitation Commission during the Delimitation of Parliamentary and Assembly Constituencies.
(iii) PROCEDURE FOLLOWED IN THE DECISION MAKING PROCESS, INCLUDING CHANNELS OF SUPERVISION AND ACCOUNTABILITY
The electoral machinery of the state functions under the control of the Election Commission of India and is accountable to the Commission. All officers and staff mentioned at (i) and (ii), including those who have no statutory standing, are deemed to be on deputation to the Election Commission of India. Sec 13A (2) of the Representation of the People Act, 1950 and sec 20 of the Representation of the People Act, 1951 says that subject to the superintendence, direction and control of the Election Commission, the Chief Electoral Officer shall supervise the preparation, revision and correction of the electoral rolls in the state, and the conduct of all elections in the state. The Chief Electoral Officer is assisted by the Jt. Chief Electoral Officer, Asst. Chief Electoral Officer, Superintendent and staff.
Further, Sec 13AA (3) of the Representation of the People Act, 1950 and sec 20A of the Representation of the People Act, 1951 says that 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 preparation and revision of the electoral rolls within the district, and the conduct of all the elections to Parliament and State Legislatures. The Acts further state that 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.
Thus, the Chief Electoral Officer (and the Directorate of Election) is under the direct supervision of the Election Commission, and the District Election Officer (and the election machinery in the district) is under the direct supervision of the Chief Electoral Officer.
The Election Commission takes most of the major decisions regarding the activities of the electoral machinery. Other decisions are taken by the Chief Electoral Officer in consultation with the Commission. Decisions relating to internal administration and financial matters are taken in consultation with the existing framework of rules and regulations followed by the state government.
(iv) NORMS FOR THE DISCHARGE OF FUNCTIONS
The norms for the discharge of the functions of the statutory authorities mentioned in the preceding paragraphs are set by the Representation of the People Act, 1950 read with the registration of Electors Rules, 1960 and the the Representation of the People Act, 1951 read with the Conduct of Elections Rules, 1961. The norms for the discharge of the functions of the non-statutory authorities are specified in the instructions of the Election Commission issued from time to time.
(v) THE RULES, REGULATIONS, INSTRUCTIONS, MANUALS AND RECORDS USED FOR THE DISCHARGE OF FUNCTIONS
The Department uses the following manuals and instructions for the discharge of its functions:
1 Manual of Election Law, which is a compilation of the statutory provisions governing elections to Parliament and the State Legislatures and offices of the President and Vice-President of India. This compilation contains –
(i) Extracts from the Constitution and the Indian Penal Code relevant to elections.
(ii) The Representation of the People Act, 1950.
(iii) The Representation of the People Act, 1951.
(iv) The Presidential and Vice-Presidential Elections Act, 1952.
(v) Extracts from the States Reorganizations Act, 1956.
(vi) Extracts from the Government of Union Territories Act, 1963.
(vii) Extracts from the Government of NCT of Delhi Act, 1991.
(viii) The Jammu & Kashmir RP (Supplementary) Act, 1968.
(ix) The Delimitation Act, 1972
(x) The Schedules Castes & Scheduled Tribes Orders (Amendment) Act, 1976.
(xi) Extracts from the Schedules Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989.
(xii) Rules & Orders under the Constitution relating to elections.
(xiii) The Parliament (Prevention of Disqualification) Act , 1959.
(xiv) The Registration of Electors Rules, 1960.
(xv) The Conduct of elections Rules, 1961.
(xvi) The Presidential & Vice-Presidential Elections Rules, 1974.
(xvii) Other Statutory Rules & Orders.
2 Handbook for Returning Officers.
3 Handbook for Presiding Officers.
4 Handbook for Electoral Registration Officers.
5 The Model Code of Conduct
6 Compendium of Instructions on Conduct of Elections, Volume I, II and III.
(vi) A STATEMENT OF THE DOCUMENTS HELD BY ELECTION DEPARTMENT
The Department holds the following documents:
7 Manual of Election Law, which is a compilation of the statutory provisions governing elections to Parliament and the State Legislatures and offices of the President and Vice-President of India. This compilation contains –
(i) Extracts from the Constitution and the Indian Penal Code relevant to elections.
(ii) The Representation of the People Act, 1950.
(xviii) The Representation of the People Act, 1951.
(xix) The Presidential and Vice-Presidential Elections Act, 1952.
(xx) Extracts from the States Reorganisation Act, 1956.
(xxi) Extracts from the Government of Union Territories Act, 1963.
(xxii) Extracts from the Government of NCT of Delhi Act, 1991.
(xxiii) The Jammu & Kashmir RP (Supplementary) Act, 1968.
(xxiv) The Delimitation Act, 1972
(xxv) The Schedules Castes & Scheduled Tribes Orders (Amendment) Act, 1976.
(xxvi) Extracts from the Schedules Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Rules & Orders under the Constitution relating to elections.
(xviii) The Parliament (Prevention of Disqualification) Act , 1959.
(xix) The Registration of Electors Rules, 1960.
(xx) The Conduct of elections Rules, 1961.
(xxi) The Presidential & Vice-Presidential Elections Rules, 1974.
(xxii) Other Statutory Rules & Orders.
8 Handbook for Returning Officers.
9 Handbook for Presiding Officers.
10 Handbook for Electoral Registration Officers.
11 The Model Code of Conduct
12 Compendium of Instructions on Conduct of Elections, Volume I, II and III.
(vii) ARRANGEMENT THAT EXISTS FOR CONSULTATION WITH, OR REPRESENTATION BY, THE MEMBERS OF THE PUBLIC IN RELATION TO THE FORMULATION OF ITS POLICY OR IMPLEMENTATION THEREOF
A Consultative Committee for General Administration Department, which is the nodal department for elections, has been constituted under the Parliamentary Affairs Department.
During each revision of electoral rolls, a Committee comprising all political parties, Non-Government Organisations, prominent citizens and the Press is formed at the state, district and village level to encourage public participation in the preparation of a clean and correct electoral roll. Further, the draft electoral rolls are made available to the public for scrutiny, and the said rolls are read out and verified at the village level committees.
Similarly, prior to every election to the Parliament and State Legislature, a Committee comprising all political parties, Non-Government Organisations, law enforcement agencies, various government departments and members of the Press is formed at the state, district and constituency level to chalk out plans, to assign responsibilities and to encourage public participation in the conduct of free and fair elections.
(viii) BOARDS, COUNCILS, COMMITTEES & OTHER BODIES CONSTITUTED FOR THE PURPOSE OF ITS ADVICE
The Directorate of Election functions under the superintendence, direction and control of the Election Commission, a permanent constitutional body created by Art 324 of the Constitution, with a separate secretariat of its own at Nirvachan Sadan, Ashoka Road, New Delhi. The Commission was initially a single-member body consisting of only the Chief Election Commissioner but was subsequently made a multi-member body by the President of India, in exercise of the powers under Art 324 (2) of the Constitution. The Election Commission is now functioning, since 1st October, 1993 as a three-member body comprising the Chief Election Commissioner and two Election Commissioners.
|
|