What roles the Returning Officers play during Lok Sabha and state Assembly Polls under India Indian elections system? Here is three minutes read for you.
OdishaPlus Knowledge Series
Returning Officers (ROs) play a crucial role in the conduct of elections in India, both for the Lok Sabha (Lower House of Parliament) and state Assembly polls. Here are their roles, activities, appointment process, statutory powers, and the distribution of powers between the Union Government and State Governments:
Roles and Activities of the Returning Officers:
Conducting Elections:
Returning Officers are responsible for overseeing the conduct of elections in their respective constituencies, ensuring that the electoral process is conducted fairly, transparently, and in accordance with the law.
Candidate Nomination:
ROs accept and scrutinize nomination papers filed by candidates contesting elections. They verify the eligibility of candidates and determine the validity of nominations.
Polling Arrangements:
ROs oversee the arrangements for polling stations, including the appointment of presiding officers and polling staff, distribution of ballot papers, and maintenance of order during voting.
Counting of Votes:
After polling concludes, ROs supervise the counting of votes cast in their constituencies. They declare the results and issue certificates of election to winning candidates.
Dispute Resolution:
ROs adjudicate disputes related to the conduct of elections, including challenges to nomination papers, allegations of electoral malpractice, and requests for recounts.
Appointment Process:
Returning Officers are typically appointed or designated by the Election Commission of India (ECI) for each parliamentary and assembly constituency. They may be government officials, such as District Magistrates or Collectors, or senior officers of equivalent rank from other government departments.
Statutory Powers:
The statutory powers conferred on Returning Officers are outlined primarily in the Representation of the People Act, 1951, and the Conduct of Elections Rules, 1961. These powers include:
- Acceptance and scrutiny of nomination papers (Section 36)
- Decision on the validity of nominations (Section 37)
- Conduct of polling (Section 25)
- Counting of votes (Section 64)
- Adjudication of disputes (Section 80)
- Distribution of Powers:
The powers related to the appointment of Returning Officers are primarily vested with the Election Commission of India (ECI), a constitutional body responsible for overseeing the conduct of elections at both the national and state levels. The ECI appoints Returning Officers for parliamentary and assembly constituencies across India.
While the Union Government has overarching responsibility for conducting elections to the Lok Sabha, the State Governments are responsible for conducting elections to the state Legislative Assemblies. However, the Election Commission of India maintains supervisory authority over all electoral processes and may intervene as necessary to ensure compliance with electoral laws and standards.
(The article is curated with the support of AI tools.)
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