Particulars of Organization, functions and duties
Office
Office of the Chief Electoral Officer,
General Administration Department,
5th floor, Mantralaya, Mumbai-4000 32
Legal standing and functions/duties of Chief Electoral Officer,
The Election Commission of India, which has been set up in
accordance with the provisions of Article 324 of Constitution of India holds the
Elections to the both houses of Indian Parliament as well as State Legislatures.
The Election Commission is an independent constitutional authority which
plays a fundamental and critical role in strengthening the Democracy in India.
The Election Commission of India designates or nominates an officer of the
Government of State / Union Territory as the Chief Electoral Officer of that
State or Union Territory as per provisions in section 13 A of the Representation
of the People Act, 1950.
The general duties of the Chief Electoral Officer are mentioned in
Section 13 (A) (2) of the Representation of the People Act, 1950 and Section 20
of the Representation of the People Act, 1951. As mentioned in Section 13 (A)
(2) of the Representation of the People Act, 1950, the Chief Electoral Officer
has to supervise the preparation, revision and correction of electoral rolls in
State subject to the superintendence, direction and control of the Election
Commission of India. As per Section 20 of the Representation of the People
Act, 1951, the Chief Electoral Officer has to supervise the conduct of all
elections to Lok Sabha (House of People), Rajya Sabha (Council of States),
Vidhan Sabha (Legislative Assembly) and Vidhan Parishad (Legislative
Council) in the State subject to the superintendence, direction and control of the
Election Commission of India.
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To perform these duties, the State Government has make available
sufficient staff and infrastructure to the Chief Electoral Officer, at State, district
and tehsil level in that State.
State Level
At the State Level, following staff is available to assist the Chief
Electoral Officer, Maharashtra State :-
Deputy Secretary and Joint Chief Electoral Officer One
Under Secretary and Deputy Chief Electoral Officer One
Under Secretary One
Section Officer Three
Assistant and other clerical staff Twenty Seven
District Level
At district level, the Collector of each district is designated as the District
Election Officer for that district . The Deputy District Election Officer and other
staff help the District Election Officers to conduct elections in the respective
districts, under the supervision of the Chief Electoral Officer.
There are 35 districts in this State , each having a District Election
Officer, with head-quarter at district capital. The Election Branch of each
district consists of following staff for 33 out of 35 districts in the State :-
Deputy District Election Officer One
Naib Tehsildar One
Awwal Karkun One
Clerk-Typist One
Peon One
For remaining two districts i.e Mumbai City and Mumbai Suburban
districts, the staffing pattern is different considering the certain geographical/
administrative conditions and large population. In the Election branch of
Mumbai City and Mumbai Suburban district, No. of staff is 75 and 95
respectively.
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Tehsil Level
At tehsil level , posts of one awwal karkun and one clerk are sanctioned
for each tehsil in the office of the Tehsildar of concerned Tehsil for election
related work.
Parliamentary , Assembly and Council Constituencies
There are 48 Parliamentary(Lok Sabha) and 288 Assembly
Constituencies in this State. In Maharashtra Legislative Council, there are 78
council constituencies . The Election Commission of India designates the
Returning Officer for each Parliamentary / Assembly/ Council Constituency in
consultation with the State Government. The general duty of the Returning
Officer at any election to do all such acts and things as may be necessary for
effectually conducting the election in the manner provided by election acts/
rules.
The Election Commission also designates the Electoral Registration
Officer for each Assembly and Council Constituency in consultation with the
State Government. The General duty of the Electoral Registration Officer is to
prepare and revise the Electoral Roll of his Constituency.
Grievance redressal Cell
As per directions of the Election Commission of India, grievance
redressal cells are created in the office of the Chief Electoral Officer as well as
in the office of District Election Officer and Electoral Registration Officers to
receive the grievances/ complaints relating to election.
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3) POWERS AND DUTIES OF OFFICERS AND EMPLOYEES
Officers/Staff in the office of Chief Electoral Officer
As mentioned earlier, the Chief Electoral Officer has to supervise the
preparation, revision and correction of electoral rolls as well as the conduct of
all elections in State subject to the superintendence, direction and control of the
Election Commission of India. The Chief Electoral Officer is also empowered
to hear appeals against the orders passed by the Electoral Registration Officers
under Section 24 of the Representation of the People Act, 1950. The officers
and employees of the orgnisation assist the Chief Electoral Officer in discharge
of his duties.
District Election Officers
The District Election Officer co-ordinates and supervises all work in the
district or in the area within his jurisdiction in connection with the preparation,
revision and correction of the electoral rolls and the conduct of election of all
elections including Lok Sabha, Legislative Assembly and Legislative Council,
under supervision and control of the Chief Electoral Officer, Mumbai. In this
State, 33 out 35 District Election Officers are Returning Officers of concerned
Parliamentary Constituencies, also.
Main functions of the District Election Officers are listed as follows :-
Conduct of Elections
• Assessment and procurement of election material/ stationery
• Setting up of polling stations and physical verification thereof.
• Drafting of polling and counting personnel and their training
• Fixation of counting centre
• Necessary arrangement of poll at respective polling stations
• Implementation of all directions/orders and instructions of the
Election Commission and Chief Electoral Officer and circulation
thereof to concerned election authority including Returning Officers.
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• Consolidation of information relating to nominations from Returning
Officers and sending reports to the Chief Electoral Officer in this
regard.
• Making necessary arrangement of security at polling / counting
centers with the help of concerned police authorities.
• Meeting with political parties , candidates, government and local
authorities, police authorities to ensure free and fair elections and
implementation of model code of conduct.
• Assessment of Electronic Voting Machines, power packs (batteries) ,
various seals /tags for EVMs and testing/cheking of requisite No. of
EVMs, in advance.
• Preparation of EVMs for elections.
• Transport and Storage of EVMs and other election stationery
• Keeping record of account of election expenses and sending the
reports to the Commission
• Supervising the poll process on poll day and sending periodical
report to the Commission regarding poll events.
• Supervising the counting of votes and sending necessary report to
the Commission .
• Safe custody of evms, election papers and materials after counting
• Voter Awareness Campaign
• Overall supervision and control of elections in his jurisdiction.
Preparation and revision of Electoral Roll
• Requisition of staff and vehicles for preparation / revision of electoral
rolls
• Implementation of all directions/orders and instructions of the
Election Commission and Chief Electoral Officer and circulation
thereof to concerned authorities including Electoral Registration
Officers.
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• Meeting with political parties to discuss various issues relating to
electoral roll.
• Assessment and making demand of necessary forms and funds
• Grievances cell to receive the complaints regarding electoral roll and
rectification thereof .
• Overall supervision on preparation /revision of electoral roll in his
jurisdiction.
Apart from these works , the District Election Officers have to do various
other duties regarding election including supervision and control the work of
Electoral Photo Identity Cards, Photo Electoral Roll and computerization of
Electoral Roll etc.
Returning Officers
Returning Officer of Parliamentary/Assembly/Council Constituency is
responsible for the conduct of elections in concerned constituency. In addition,
the Election Commission also appoints one or more Assistant Returning
Officers for each of the Constituency to assist Returning Officer in the
performance of it’s functions in connection with the conduct of election.
Main functions of the District Election Officers and Returning Officers in
connection with the conduct of elections are listed as follows :-
• Assessment and procurement of election material/ stationery through
District Election Officer
• Training of polling personnel
• Necessary arrangement of poll at respective polling stations
• Issue of public notice of nomination on the day of notification
• Receiving Nomination Papers, scrutiny thereof and preparation of list
of nominated , validly nominated as well as contesting candidates
• Allotment of Symbols to candidates
• Dissemination of information contained in affidavits filed by
candidates
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• Publishing information regarding assets and liabilities of candidates
on notice board
• Meeting with political parties , candidates, government and local
authorities, police authorities to ensure free and fair elections and
implementation of model code of conduct.
• Assessment of Electronic Voting Machines, power packs (batteries) ,
various seals /tags for EVMs and testing/cheking of requisite No. of
EVMs, in advance.
• Preparation of EVMs for elections.
• Transport and Storage of EVMs and other election stationery
• Printing of Ballot Papers and checking hereof
• Printing of postal ballot papers and dispatching the same to service
voters
• Dispatching of polling parties well in advance to respective polling
stations
• Necessary facilities for polling personnel at polling stations
• Conducting poll on poll day and sending periodical report to the
Commission regarding poll events.
• Conducting counting and sending necessary report to the
Commission .
• Declaration of result.
Electoral Registration Officer
Under Section 13 B of the Representation of the People Act, 1950, the
Election Commission of India in consultation with State Government
nominates/designates a officer of Government/ Local Authority as Electoral
Registration Officer for each Assembly/ Council Constituency. The
Commission also appoints one or more persons as Assistant Electoral
Registration Officers to assists the concerned Electoral Registration Officer.
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The general duty of the Electoral Registration Officer is to prepare the
defect-free Electoral Roll for his constituency and revision of that electoral roll,
time to time as per directions of the Election Commission of India. He has to
carry out all procedures in respect of electoral roll including preparation and
revision of rolls, inclusion of names, deletions , corrections of entries in
electoral rolls, preparation and distribution of Electoral Photo-Identity Cards
and computerization of Electoral Rolls as per provisions contained in election
Acts/Laws.
Presiding Officers and Polling Officers
Under Section 26 of the Representation of the People Act, 1951, the District
Election Officer appoints a presiding officer and polling officer/s for each polling
station to conduct the poll procedure at respective polling station.
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4) Procedure followed in decision-making process including channels
of supervision and accountability
The various election acts / rules including the Representation of the People
Act, 1950 and 1951, Conduct of Election Rules, 1961, Electoral Registration Rules,
1960 etc. as enacted/framed by the Parliament of India are consisted in the Manual of
Election Law, a publication of Election Commission of India. Apart from these
acts/rules, the Commission has published various handbooks e.g. hand book for
Returning Officers, Electoral Registration Officers, Presiding Officers, Polling
Officers, Candidates etc on the basis of above rules /acts. Apart from these
publication, the Election Commission of India issues the directions/ instructions
regarding any subject relating to conduct of elections or preparation and revision of
electoral rolls, time to time. The Chief Electoral Officer as well as other election
officer as mentioned in previous chapter have to act accordingly .
All policy decisions regarding election are taken at the level of the Election
Commission of India and the implementation of these decisions is done through this
office with the assistance of election related staff at district and tehsil level. Fixing the
dates of elections, recognizing or de-recognizing political parties, allotment to or
freezing the symbols of political parties , declaring the dates for intensive and
summary revision of electoral rolls etc. are some of the policy decisions taken at the
level of the Election Commission of India .
Decisions required to implement the orders of the Election Commission of
India are taken at the level of the Chief Electoral Officer. Fixing agencies for
procurement of material or services required for conduct elections, controlling
activities of the political parties under the model code of conduct framed by the
Election Commission of India atc. Are some of the decisions to be taken by the Chief
Electoral Officer.
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The Chief Electoral Officer and the entire machinery working under him ,
works under the direction, supervision and control of the Election Commission of
India and is accountable to the Election Commission of India for all the actions.
Some of the important criteria/ norms fixed for certain election related
procedures relevant to public are as follows :-
A) Preparation and Revision of Electoral Rolls
Eligibility for registration in an Electoral Roll of Assembly Constituency
• A person should be citizen of India
• He/She must have completed 18 years on qualifying date
• He/ She should be ordinarily resident of in concerned Constituency
• He/ She should not be of unsound mind.
• He/she should not have been disqualified from voting under the
provisions of any law relating corrupt practices and other offences in
connection with elections.
Eligibility for registration in an Electoral Roll of Council Constituency of
Legislative Council
Local Authorities Constituencies
• The electorate consists of members of such local authorities
exercising jurisdiction in any place or area within the limits of that
constituency
• Every member of each such local authority be entitled to be registered
in the electoral roll for that constituency
• The Electoral Registration Officer for every local authorities
constituency maintains in his office corrected and updated electoral
roll of concerned constituency.
• For Maharashtra State, Municipalities (Municipal Corporations/
Municipal Councils) , Zilla Parishads and Cantonment Boards are
Local Authorities for purpose of elections to the Legislative Council.
• A person should be citizen of India
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• He/ She should not be of unsound mind.
• He/she should not have been disqualified from voting under the
provisions of any law relating corrupt practices and other offences in
connection with elections.
Graduates Constituencies
• Every person who ordinarily resident in a Graduate’s Constituency
and has at least three years before the qualifying date been either a
graduate of a university in the territory of India or is possession of any
equivalent qualification specified by State Government.
• A person should be citizen of India
• He/ She should not be of unsound mind.
• He/she should not have been disqualified from voting under the
provisions of any law relating corrupt practices and other offences in
connection with elections.
Teachers’ Constituencies
• Every person who ordinarily resident in a teachers’ Constituency and
has at least three years before the qualifying date been engaged in
teaching in any of the educational institutions within the state not
lower in standard than that of secondary school.
• A person should be citizen of India
• He/ She should not be of unsound mind.
• He/she should not have been disqualified from voting under the
provisions of any law relating corrupt practices and other offences in
connection with elections.
Apart from above council constituencies , nearly one third
members of Maharashtra Legislative Council are elected from members
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of Maharashtra Legislative Assembly and reminder are nominated by the
Governor from persons having special knowledge or practical experience
in respect of one of the following matters :- Literature, Science, Art, Cooperative
Movement and Social Services.
Whose names can be deleted from the Electoral Roll
• Names of dead persons
• Persons who have ceased to be or are not ordinarily resident in the
Constituency
• Persons disqualified from voting.
Correction of entries in Electoral Roll
• defective or erroneous particulars are corrected
• Transposition of entry from one place to other place in roll due to
changing of place of ordinary residence in same constituency
• No amendment, transposition or deletion of any entry can be made
after the last date for making nomination for an election from that
constituency.
Service Voters
Service voters can be enrolled in the place where they would have
been ordinarily resident had they have not been in service i.e. place of
permanent address. They can exercise their franchise either through
postal ballot papers or proxy voting.
IMPORTANT FORMS RELATING TO ELECTORAL ROLL
1) Form 6 Claim application for inclusion of name
2) Form 7 Objection to inclusion of name
3) Form 8 Objections to particulars in any entry
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4) Form 8-A Application for transposition of entry in electoral roll
5) Form 8-B Application for deletion of entry in electoral roll
6) Form 18 Claim for inclusion of name in the Electoral Roll
for a Graduates’ Constituency
7) Form 19 Claim for inclusion of name in the Electoral Roll
for a Teachers’ Constituency
B) Conduct of Election
Qualification for membership of Lok Sabha/ Legislative Assembly
• A person shall be citizen of India.
• He/She shall not be less than 25 years.
• He/She should not held any office of profit under the Government of
India or State Government.
• He/She shall not be of unsound mind
• He /She shall not be an undischrged insolvent.
• He/She shall not be disqualified by or under any law made by
Parliament.
Qualification for membership of Rajya Sabha/ Legislative Council
• A person shall be citizen of India.
• He/She shall not be less than 30 years.
• He/She should not held any office of profit under the Government of
India or State Government.
• He/She shall not be of unsound mind
• He /She shall not be an undischrged insolvent.
• He/She shall not be disqualified by or under any law made by
Parliament.
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Criteria for setting up of polling stations
• The District Election Officer is responsible for the provision of
polling stations and the publication of list of polling stations, under
section 25 of the Representation of the People Act, 1951.
• No. of voters assigned to each polling station normally may not
exceed 1500 electors. However, in exceptional cases, it can be exceed
1500, maximum upto 1600.
• When the number of voters exceeds 1600, an auxiliary polling station
to original polling station is set up , generally in same building or in
same locality.
• Polling Stations can be set up for weaker sections of the society for
voters less than 500, also.
• Maximum distance that voter has to travel to reach the polling station
shall not generally exceed 2 KMs. In sparsely populated , hilly or
forest area, this rule can be relaxed.
• Normally polling stations shall be in same polling area.
• Normally, polling stations shall be located in Schools, Government or
Semi-Government Buildings. However, in unavoidable circumstances,
polling station can be situated in private building or premises, with
proper control of Returning Officer.
• No polling station shall be situated in Police Station, Hospital,
Temple or places of religious significance.
• As far as possible, polling station shall be in pucca structure.
Temporary pedals with full security can be allowed in exceptional
cases.
• Separate polling station can be set up for voters suffering from leprosy
in a leprosy sanatorium.
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• District Election Officer or officer appointed on behalf of him shall
physically verify the location of polling stations and publish the draft
list of polling stations for general information.
• Considering the claims and objections received from public and
representatives of public and political parties, the District Election
Officer can amend the list , if necessary.
• After above procedure, District Election Officer sends the draft list
alongwith necessary enclosures to the Chief Electoral Officer, for
seeking necessary approval of Election Commission of India.
• The Chief Electoral Officer after scrutinizing the same , forwards it to
the Election Commission of India with recommendations.
• After receipt of approval for draft list of polling stations, the District
Election Officer finally publish the list of polling stations for public
information.
• Only printing or clerical mistakes can be rectified by the District
Election Officer, after final publication.
Persons to be allowed inside the polling stations
• The Electors
• The Polling Officers
• Each Candidate, his election agent and one polling agent of each
candidate at a time
• Persons authorized by the Commission
• Public Servant on duty
• A Child in arms accompanying an elector
• A person accompanying a blind or an infirm voter
• Such other persons as the Presiding Officer may from time to time
admit for the purpose of identifying voters or otherwise .
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Electors deciding not to vote
If an elector, after his electoral roll number has been duly entered
in the Register of Voters (Form 17A) and he has put his signature /thumb
impression on that register , decides not to record his vote, he shall not be
forced or compelled to record his votes. A remark to that effect shall be
made in the remarks column against the entry relating to him in the
Register of Votes.
Persons to be allowed inside the polling stations
• Counting supervisors and counting assistants
• Persons authorized by the Election Commission
• Public servants on duty in connection with the election
• Candidates , their election agents and counting agents
Persons entitled to vote by post
For Parliamentary/ Assembly Elections
• Special Voters
• Service Voters
• Voters on election duty
• Electors subjected to preventive detention
For Council Constituencies
• Voters on election duty
• Electors subject to preventive detention
• Electors in the whole or any specified parts of the constituency if
directed by the Election Commission of India
For an election by assembly members
• Electors subject to preventive detention
• All electors if directed by the Election Commission of India
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Important Forms relating to Conduct of elections
* Form 1 Notice of Election
* Form 2A Nomination Paper for Lok Sabha Elections
* Form 2B Nomination Paper for Vidhan Sabha Elections
* Form 2C Nomination Paper for Council of States
* Form 2D Nomination Paper for Legislative Council
by the members of Legislative Assembly
* Form 2E Nomination Paper for Legislative Council
from a Council Constituency
* Form 4 List of validly nominated candidates
* Form 7B List of contesting candidates
* Form 20 Final Result Sheet
Registration of Political Parties with Election Commission of India
• Any association or body of individual citizens of India may make an
application to the Election Commission of India for it’s registration as
a political party
• Every such application shall be signed by the Chief Executive Officer
of that organization (he may be known as Secretary or by any other
designation) and may be presented or sent to the Secretary to the
Election Commission of India.
• Every such application shall contain the following particulars :-
(a) the name of the association or body
(b) the state in which its head office is situated
(c) the address to which letters and other communications meant for it
should be sent
(d) the names of its president, secretary, treasurer and other officebearers
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(e) the numerical strength of its members , and if there are categories
of its numbers , the numerical strength in each category
(f) Whether it has any local unit, if so, at what level
(g) Whether it is represented by any member or members in either
House of Parliament or of any State Legislature, if so , number of
such members.
• Such application shall be accompanied by a copy of the memorandum
or rules and regulations of the association or body
Election Petition
• No election shall be called in question except by an election petition
presented as per provisions in laws.
• Election Petitions shall be submitted in High Court only.
• Election Petitions must be submitted within 45 days from the date of
election of returned candidate.
• Only elected candidates and other contesting candidates against whom
allegations of any corrupt practice are made , can be made the
respondents in the Election Petition.
• Election Commission of India, Chief Electoral Officer, District
Election officer, Returning Officer or any other government officials
cannot be made party in the array of respondents in the Election
Petition.
Corrupt Practice &Certain Election Offences
Corrupt Practice
• Bribery
• Undue influence
• The appeal by a candidate or his agent or by any other person
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with consent of candidate or his election agent to vote or refrain from
voting.
• Promotion of enmity or hatred between two different classes of
citizens
• Propagation of the practice or the commission of sati or it’s
glorification
• Publication of any statement which is false in relation to personal
character or conduct of any election
• Hiring or procurement of any vehicle by candidate or his agent or any
person with the consent of candidate or his agent , for transporting
electors to/from polling station.
• Incurring or authorizing of expenditure in contravention of section 77
• Obtaining or procuring or abetting or attempting for furtherance of the
prospects of election from any person in the service of Government.
• Booth Capturing by a candidate or his agent or other person
Electoral Offences
• Promoting enmity between classes in connection with election
• Taking public meetings during period of forty-eight hours ending
with hours fixed for conclusion of poll
• Disturbances at election meetings
• Offence connected with the printing of pamphlets, posters etc.
• Maintenance of secrecy of voting
• Doing any act for the prospects of the election of a candidate by
election officers
• Canvassing in or near polling stations
• Disorderly conduct in or near polling station
• Misconduct at polling station
• Failure to observe procedure for voting
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• Illegal hiring or procuring of conveyance at elections
• Breaches of official duty in connection with election
• Government servant acting as election agent, polling agent or
counting agent
• Going arms to or near polling station
• Removal of ballot papers from polling station to be an offence
• Other offences as mentioned in election laws/acts
C) Disqualification for members of Parliament and State Legislatures
“Disqualified” means disqualified for being chosen as, and being, a member of
either House of Parliament or of the Legislative Assembly or Legislative Council of a
State.
Disqualification on conviction for certain offences
According to Section 8 of the Representation of the People Act, 1951 (1) a
person convicted of an offence punishable under :-
(a) Indian Penal Code
Section 153A Offence of promoting
enmity between different
groups on ground of
religion, race, place of
birth, residence, language,
etc. and doing acts
prejudicial to maintenance
of harmony or
Section 171E Offence of bribery or
Section 171F Offence of undue influence
or personation at an
election or
Sub-Section (1) or (2)
of Section 376 or 376 A
or 376 B or 376 C or
376 D
Offences relating to rape or
Section 498 A Offence of cruelty by
husband or relative of
husband or
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Sub-Section (2) or (3)
of Section 505
Offence of making
statement creating or
promoting enmity, hatred or
ill-will between classes or
offence relating to such
statement in any place of
worship or in any assembly
engaged in the performance
of religious worship or
religious ceremonies or
(b) The Protection of Civil
Rights Act,1955
Which provides for
punishment for the
preaching and practice of
“Untouchability” and for
the enforcement of any
disability arising therefrom
or
(c) Section 11 of the
Customs Act,1962
Offence of importing or
exporting prohibited goods
or
(d) Sections 10 to 12 of the
Unlawful Activities
(Prevention) Act, 1967
Offence of being a member
of an association declared
unlawful offence relating to
contravention of an order
made in respect of a
notified place or
(e) The Foreign Exchange
(Regulation) Act,1973
or
(f) The Narcotics Drugs
and Psychotropic
Substances Act,1985 or
(g) The Terrorists and
Disruptive Activities
(Prevention) Act,1987
Section 3 Offence of committing
terrorist acts or
Section 4 Offence of committing
disruptive activities or
(h) Section 7 of the
Religious Institutions
(Prevention of Misuse)
Act,1988
Offence or contravention of
the provision of Sections 3
to 6 or
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(i) The Representation of
the People Act,1951
Section 125 Offence of promoting
enmity between classes in
connection with the election
or
Section 135 Offence of removal of
ballot papers from polling
papers from polling stations
or
Section 135a Offence of booth capturing
or
Clause (a) of subsection
(2) of Section
136
Offence of fraudulently
defacing or fraudulently
destroying any nomination
paper or
(j) Section 6 of the Places
or Worship (Special
Provisions) Act,1991
Offence of conversion of a
place of worship or
(k) Prevention of Insults to
National Honour
Act,1971
Section 2 Offence of insulting the
Indian National Flag or the
Constitution of India or
Section 3 Offence of preventing
singing of National Anthem
Shall be disqualified for a period of 6 years from the date of such conviction.
(The quantum of punishment is immaterial).
(2) A person convicted for the contravention of-
(a) any law providing for the prevention of hoarding or profiteering or
(b) any law relating to the adulteration of the food or drugs or
(c) any provisions of the Dowry Prohibition Act,1961 or
(d) any provisions of the Commission of Sati (prevention) Act,1987
and sentenced to imprisonment for not less than 6 months, shall be disqualified from
the date of such conviction and shall continue to be disqualified for a further period of
6 years since his release.
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(3) A person convicted of any offence and sentenced to imprisonment for not less
than 2 years (other than an offence referred to in sub-section (1) or sub-section (2)
above), shall be disqualified from the date of such conviction and shall continue to be
disqualified for a further period of 6 years since his release.
(3) A person convicted of any offence and sentenced to imprisonment for not less
than 2 years (other than an offence referred to in sub-section (1) or sub-section (2)
above), shall be disqualified from the date of such conviction and shall continue to be
disqualified for a further period of 6 years since his release.
(4) Notwithstanding anything in sub-section (1) or sub-section (2) or sub-section (3),
a disqualification under either sub-section shall not, in the case of a person who on
the date of the conviction is a member of Parliament or the Legislature of a State, take
effect until 3 months have elapsed from the date or, if within that period an appeal or
application for revision is brought in respect of the conviction or the sentence, until
that appeal or application is disposed of by the court.
Disqualification on ground of corrupt practices
According to Section 8 A of the Act, the case of every person found guilty of a
corrupt practice by an order under Section 99 of the Representation of the People Act,
1951 (made by the High Court at the conclusion of the trial of an Election Petition in
case where a charge is made in an Election Petition of any corrupt practice having
been committed at an election), shall be submitted, as soon as may be, after such order
takes effect, by such authority as the Central Government may specify in this behalf,
to the President for determination of the question as to whether such person shall be
disqualified and if so, for what period. Provided that the period for which any person
may be disqualified shall in no case exceed 6 years from the date on which the order
made in relation to him under Section 99 takes effect.
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The Central Government has specified –
(a) in relation to an election to the House of the People or the Council of States, the
Secretary-General of the House of the People or the Council of States, as the
case may be, and
(b) in relation to an election to the Legislative Assembly or to the Legislative
Council of a State, the Secretary of the Legislative Assembly or the Legislative
Council of a State, as the case may be, as the authority for the above purpose)
Before giving his decision on any question indicated above, the President/
Governor shall obtain the opinion of the Election Commission and shall act
according to such opinion.
Disqualification for dismissal for corruption or disloyalty
According to Section 9 of the Act, a person who having held an offence under
the Government of India or under the Government of any State has been dismissed for
corruption or for disloyalty to the State shall be disqualified for a period of 5 years
from the date of such dismissal. For this purpose, a certificate issued by the Election
Commission to the effect that a person having held office under the Government of
India or under the Government of any State has or has not been dismissed for
corruption or for disloyalty to the State shall be conclusive proof of that fact.
Provided that no certificate to the effect that a person has been dismissed for
corruption or for disloyalty to the State shall be issued unless an opportunity of being
heard has been given to the said person.
27
Disqualification for office under Government Company
According to Section 10 of the Act, a person shall be disqualified if, and so long
as, he is a managing agent, manager or secretary of any company or corporation (other
than a co-operative society) in the capital of which the appropriate Government has
not less than 25% share.
Disqualification for failure to lodge account of election expenses
According to Section 10 A of the Act, if the Election Commission is satisfied
that a person –
(a) has failed to lodge an account of election expenses within the time and in the
manner required by or under the Act, and
(b) has no good reason or justification for the failure,
the Election Commission shall, by order published in the official Gazette,
declare him to be disqualified and any such person shall be disqualified for a period of
3 years from the date of the order.
According to Section 77-
every candidate an election shall, either by himself or by his election agent,
keep a separate and correct account of all expenditure in connection with the election
incurred or authorised by him or by his agent between the date on which he has been
nominated and the date of declaration of the result thereof, both dates inclusive.
(1) The account shall contain particulars such as expenditure incurred on vehicles,
meetings, publicity etc.The total of the said expenditure shall not exceed limit
of Rs.25 lakhs in the case of Parliament and Rs.10 lakhs in the case of
Legislative Assembly.
28
According to Section 78 of the Act, every contesting candidate at an election
shall, within 30 days from the date of election of the returned candidate or, if there are
more than one returned candidate at the election and the dates of their election are
different, the later of those two dates, lodge with the District Election Officer
(Returning Officer in the case of a constituency in a Union Territory) an account of
his election expenses which shall be a true account of the account kept by him or his
agent under Section 77).
Removal or reduction of period of disqualification
The Election Commission may, for reasons to be recorded, remove any
disqualification except under Section 8 A or reduce the period of such
disqualification.
D) Electronic Voting Machines (EVM)
The Election Commission of India has provided nearly 150 thousand Electronic
Machines to this State. All elections including General and Bye elections, held after
the year 2000 are conducted with help of the EVMs. The most important advantage of
EVM is that printing of millions of ballot papers could be dispensed with, as only one
ballot paper is required for fixing on the Balloting Unit at each polling station instead
of one ballot paper for each individual elector. This has resulted in huge savings by
way of cost of paper, printing, transportation, storage and distribution.
Secondly, counting has become very quick and easy and the result can be
declared within 3 hours as compared to 30-340 hours, on an average, under the
conventional system.
Thirdly, there are no invalid votes under the system of voting under EVMs.
The importance of this can be better appreciated, if one knows that in many
constituencies, the number of invalid votes is more than the winning margin between
the winning candidate and the second candidate. To this extent, the choice of the
electorate is more correctly reflected due to use of EVMs.
29
EVMs can record a maximum of 3840 votes. As normally the total number of
electors in a polling station will not exceed 1500, the capacity of EVMs is more than
sufficient. EVMs are designed to accommodate up to 16 candidates as there are 16
buttons on the Balloting Unit of the EVM. In case of more than 16 candidates in a
Constituency, two or more Balloting Units can be attached with one Control Unit of
the EVM.
The people in Maharashtra have accepted the EVM very well and the
percentage of poll has increased after the introduction of EVMs, which are found to be
user friendly and hassle free.
chief electoral officer maharashtra
177 bandra vidhan sabha electoral list mumbai municipal corporation ward 92 to 97
2009 amravati municipal corporation election result
andheri assembly ward no 75
bmc voter 155 ward
ceo.maharashtra.gov.in.207bhosri
chief elctrol officer maharashtra
election of vidhan sabha in tehsil patan district satara
election result of bmc of ward 168 in sion koliwada of 2006
helipads in sangli district
htt//ceo.maharashtra.gor.in.207
http//ceo.maharshtra.gov.in.207bhosari
http://ceo.maharashtra.gov.in.207bhosari
http://ceomaharastra.gov.in.207bhosari
list elector's 266-karad (north)2006
maharashtra zilla parishads -reservation of councillors seat and election
malbarhil m.p.election voting
murbad assembly electroll roll
officers on duty 2009 vidhan sabha election pune
picture of stamp of additional collector competent authority u.l.c.greater mumbai
polling results of bmc election ward 139
rahimatpur municipal council
sindhudurg clerk form
state election commissioner official gazette for names of elected councillors of nagpur municipal corporation
ulhasnagar election 2007 list of candidates
warbhuvan in mhada
where to enroll the name for graduates constituencies of pune
www.chief electoral officer maharashtra
www.pathardielection.org/admin
where to enter the name for graduates cons
Office
Office of the Chief Electoral Officer,
General Administration Department,
5th floor, Mantralaya, Mumbai-4000 32
Legal standing and functions/duties of Chief Electoral Officer,
The Election Commission of India, which has been set up in
accordance with the provisions of Article 324 of Constitution of India holds the
Elections to the both houses of Indian Parliament as well as State Legislatures.
The Election Commission is an independent constitutional authority which
plays a fundamental and critical role in strengthening the Democracy in India.
The Election Commission of India designates or nominates an officer of the
Government of State / Union Territory as the Chief Electoral Officer of that
State or Union Territory as per provisions in section 13 A of the Representation
of the People Act, 1950.
The general duties of the Chief Electoral Officer are mentioned in
Section 13 (A) (2) of the Representation of the People Act, 1950 and Section 20
of the Representation of the People Act, 1951. As mentioned in Section 13 (A)
(2) of the Representation of the People Act, 1950, the Chief Electoral Officer
has to supervise the preparation, revision and correction of electoral rolls in
State subject to the superintendence, direction and control of the Election
Commission of India. As per Section 20 of the Representation of the People
Act, 1951, the Chief Electoral Officer has to supervise the conduct of all
elections to Lok Sabha (House of People), Rajya Sabha (Council of States),
Vidhan Sabha (Legislative Assembly) and Vidhan Parishad (Legislative
Council) in the State subject to the superintendence, direction and control of the
Election Commission of India.
4
To perform these duties, the State Government has make available
sufficient staff and infrastructure to the Chief Electoral Officer, at State, district
and tehsil level in that State.
State Level
At the State Level, following staff is available to assist the Chief
Electoral Officer, Maharashtra State :-
Deputy Secretary and Joint Chief Electoral Officer One
Under Secretary and Deputy Chief Electoral Officer One
Under Secretary One
Section Officer Three
Assistant and other clerical staff Twenty Seven
District Level
At district level, the Collector of each district is designated as the District
Election Officer for that district . The Deputy District Election Officer and other
staff help the District Election Officers to conduct elections in the respective
districts, under the supervision of the Chief Electoral Officer.
There are 35 districts in this State , each having a District Election
Officer, with head-quarter at district capital. The Election Branch of each
district consists of following staff for 33 out of 35 districts in the State :-
Deputy District Election Officer One
Naib Tehsildar One
Awwal Karkun One
Clerk-Typist One
Peon One
For remaining two districts i.e Mumbai City and Mumbai Suburban
districts, the staffing pattern is different considering the certain geographical/
administrative conditions and large population. In the Election branch of
Mumbai City and Mumbai Suburban district, No. of staff is 75 and 95
respectively.
5
Tehsil Level
At tehsil level , posts of one awwal karkun and one clerk are sanctioned
for each tehsil in the office of the Tehsildar of concerned Tehsil for election
related work.
Parliamentary , Assembly and Council Constituencies
There are 48 Parliamentary(Lok Sabha) and 288 Assembly
Constituencies in this State. In Maharashtra Legislative Council, there are 78
council constituencies . The Election Commission of India designates the
Returning Officer for each Parliamentary / Assembly/ Council Constituency in
consultation with the State Government. The general duty of the Returning
Officer at any election to do all such acts and things as may be necessary for
effectually conducting the election in the manner provided by election acts/
rules.
The Election Commission also designates the Electoral Registration
Officer for each Assembly and Council Constituency in consultation with the
State Government. The General duty of the Electoral Registration Officer is to
prepare and revise the Electoral Roll of his Constituency.
Grievance redressal Cell
As per directions of the Election Commission of India, grievance
redressal cells are created in the office of the Chief Electoral Officer as well as
in the office of District Election Officer and Electoral Registration Officers to
receive the grievances/ complaints relating to election.
-----------------------------------
6
3) POWERS AND DUTIES OF OFFICERS AND EMPLOYEES
Officers/Staff in the office of Chief Electoral Officer
As mentioned earlier, the Chief Electoral Officer has to supervise the
preparation, revision and correction of electoral rolls as well as the conduct of
all elections in State subject to the superintendence, direction and control of the
Election Commission of India. The Chief Electoral Officer is also empowered
to hear appeals against the orders passed by the Electoral Registration Officers
under Section 24 of the Representation of the People Act, 1950. The officers
and employees of the orgnisation assist the Chief Electoral Officer in discharge
of his duties.
District Election Officers
The District Election Officer co-ordinates and supervises all work in the
district or in the area within his jurisdiction in connection with the preparation,
revision and correction of the electoral rolls and the conduct of election of all
elections including Lok Sabha, Legislative Assembly and Legislative Council,
under supervision and control of the Chief Electoral Officer, Mumbai. In this
State, 33 out 35 District Election Officers are Returning Officers of concerned
Parliamentary Constituencies, also.
Main functions of the District Election Officers are listed as follows :-
Conduct of Elections
• Assessment and procurement of election material/ stationery
• Setting up of polling stations and physical verification thereof.
• Drafting of polling and counting personnel and their training
• Fixation of counting centre
• Necessary arrangement of poll at respective polling stations
• Implementation of all directions/orders and instructions of the
Election Commission and Chief Electoral Officer and circulation
thereof to concerned election authority including Returning Officers.
7
• Consolidation of information relating to nominations from Returning
Officers and sending reports to the Chief Electoral Officer in this
regard.
• Making necessary arrangement of security at polling / counting
centers with the help of concerned police authorities.
• Meeting with political parties , candidates, government and local
authorities, police authorities to ensure free and fair elections and
implementation of model code of conduct.
• Assessment of Electronic Voting Machines, power packs (batteries) ,
various seals /tags for EVMs and testing/cheking of requisite No. of
EVMs, in advance.
• Preparation of EVMs for elections.
• Transport and Storage of EVMs and other election stationery
• Keeping record of account of election expenses and sending the
reports to the Commission
• Supervising the poll process on poll day and sending periodical
report to the Commission regarding poll events.
• Supervising the counting of votes and sending necessary report to
the Commission .
• Safe custody of evms, election papers and materials after counting
• Voter Awareness Campaign
• Overall supervision and control of elections in his jurisdiction.
Preparation and revision of Electoral Roll
• Requisition of staff and vehicles for preparation / revision of electoral
rolls
• Implementation of all directions/orders and instructions of the
Election Commission and Chief Electoral Officer and circulation
thereof to concerned authorities including Electoral Registration
Officers.
8
• Meeting with political parties to discuss various issues relating to
electoral roll.
• Assessment and making demand of necessary forms and funds
• Grievances cell to receive the complaints regarding electoral roll and
rectification thereof .
• Overall supervision on preparation /revision of electoral roll in his
jurisdiction.
Apart from these works , the District Election Officers have to do various
other duties regarding election including supervision and control the work of
Electoral Photo Identity Cards, Photo Electoral Roll and computerization of
Electoral Roll etc.
Returning Officers
Returning Officer of Parliamentary/Assembly/Council Constituency is
responsible for the conduct of elections in concerned constituency. In addition,
the Election Commission also appoints one or more Assistant Returning
Officers for each of the Constituency to assist Returning Officer in the
performance of it’s functions in connection with the conduct of election.
Main functions of the District Election Officers and Returning Officers in
connection with the conduct of elections are listed as follows :-
• Assessment and procurement of election material/ stationery through
District Election Officer
• Training of polling personnel
• Necessary arrangement of poll at respective polling stations
• Issue of public notice of nomination on the day of notification
• Receiving Nomination Papers, scrutiny thereof and preparation of list
of nominated , validly nominated as well as contesting candidates
• Allotment of Symbols to candidates
• Dissemination of information contained in affidavits filed by
candidates
9
• Publishing information regarding assets and liabilities of candidates
on notice board
• Meeting with political parties , candidates, government and local
authorities, police authorities to ensure free and fair elections and
implementation of model code of conduct.
• Assessment of Electronic Voting Machines, power packs (batteries) ,
various seals /tags for EVMs and testing/cheking of requisite No. of
EVMs, in advance.
• Preparation of EVMs for elections.
• Transport and Storage of EVMs and other election stationery
• Printing of Ballot Papers and checking hereof
• Printing of postal ballot papers and dispatching the same to service
voters
• Dispatching of polling parties well in advance to respective polling
stations
• Necessary facilities for polling personnel at polling stations
• Conducting poll on poll day and sending periodical report to the
Commission regarding poll events.
• Conducting counting and sending necessary report to the
Commission .
• Declaration of result.
Electoral Registration Officer
Under Section 13 B of the Representation of the People Act, 1950, the
Election Commission of India in consultation with State Government
nominates/designates a officer of Government/ Local Authority as Electoral
Registration Officer for each Assembly/ Council Constituency. The
Commission also appoints one or more persons as Assistant Electoral
Registration Officers to assists the concerned Electoral Registration Officer.
10
The general duty of the Electoral Registration Officer is to prepare the
defect-free Electoral Roll for his constituency and revision of that electoral roll,
time to time as per directions of the Election Commission of India. He has to
carry out all procedures in respect of electoral roll including preparation and
revision of rolls, inclusion of names, deletions , corrections of entries in
electoral rolls, preparation and distribution of Electoral Photo-Identity Cards
and computerization of Electoral Rolls as per provisions contained in election
Acts/Laws.
Presiding Officers and Polling Officers
Under Section 26 of the Representation of the People Act, 1951, the District
Election Officer appoints a presiding officer and polling officer/s for each polling
station to conduct the poll procedure at respective polling station.
-------------------------------
11
4) Procedure followed in decision-making process including channels
of supervision and accountability
The various election acts / rules including the Representation of the People
Act, 1950 and 1951, Conduct of Election Rules, 1961, Electoral Registration Rules,
1960 etc. as enacted/framed by the Parliament of India are consisted in the Manual of
Election Law, a publication of Election Commission of India. Apart from these
acts/rules, the Commission has published various handbooks e.g. hand book for
Returning Officers, Electoral Registration Officers, Presiding Officers, Polling
Officers, Candidates etc on the basis of above rules /acts. Apart from these
publication, the Election Commission of India issues the directions/ instructions
regarding any subject relating to conduct of elections or preparation and revision of
electoral rolls, time to time. The Chief Electoral Officer as well as other election
officer as mentioned in previous chapter have to act accordingly .
All policy decisions regarding election are taken at the level of the Election
Commission of India and the implementation of these decisions is done through this
office with the assistance of election related staff at district and tehsil level. Fixing the
dates of elections, recognizing or de-recognizing political parties, allotment to or
freezing the symbols of political parties , declaring the dates for intensive and
summary revision of electoral rolls etc. are some of the policy decisions taken at the
level of the Election Commission of India .
Decisions required to implement the orders of the Election Commission of
India are taken at the level of the Chief Electoral Officer. Fixing agencies for
procurement of material or services required for conduct elections, controlling
activities of the political parties under the model code of conduct framed by the
Election Commission of India atc. Are some of the decisions to be taken by the Chief
Electoral Officer.
12
The Chief Electoral Officer and the entire machinery working under him ,
works under the direction, supervision and control of the Election Commission of
India and is accountable to the Election Commission of India for all the actions.
Some of the important criteria/ norms fixed for certain election related
procedures relevant to public are as follows :-
A) Preparation and Revision of Electoral Rolls
Eligibility for registration in an Electoral Roll of Assembly Constituency
• A person should be citizen of India
• He/She must have completed 18 years on qualifying date
• He/ She should be ordinarily resident of in concerned Constituency
• He/ She should not be of unsound mind.
• He/she should not have been disqualified from voting under the
provisions of any law relating corrupt practices and other offences in
connection with elections.
Eligibility for registration in an Electoral Roll of Council Constituency of
Legislative Council
Local Authorities Constituencies
• The electorate consists of members of such local authorities
exercising jurisdiction in any place or area within the limits of that
constituency
• Every member of each such local authority be entitled to be registered
in the electoral roll for that constituency
• The Electoral Registration Officer for every local authorities
constituency maintains in his office corrected and updated electoral
roll of concerned constituency.
• For Maharashtra State, Municipalities (Municipal Corporations/
Municipal Councils) , Zilla Parishads and Cantonment Boards are
Local Authorities for purpose of elections to the Legislative Council.
• A person should be citizen of India
13
• He/ She should not be of unsound mind.
• He/she should not have been disqualified from voting under the
provisions of any law relating corrupt practices and other offences in
connection with elections.
Graduates Constituencies
• Every person who ordinarily resident in a Graduate’s Constituency
and has at least three years before the qualifying date been either a
graduate of a university in the territory of India or is possession of any
equivalent qualification specified by State Government.
• A person should be citizen of India
• He/ She should not be of unsound mind.
• He/she should not have been disqualified from voting under the
provisions of any law relating corrupt practices and other offences in
connection with elections.
Teachers’ Constituencies
• Every person who ordinarily resident in a teachers’ Constituency and
has at least three years before the qualifying date been engaged in
teaching in any of the educational institutions within the state not
lower in standard than that of secondary school.
• A person should be citizen of India
• He/ She should not be of unsound mind.
• He/she should not have been disqualified from voting under the
provisions of any law relating corrupt practices and other offences in
connection with elections.
Apart from above council constituencies , nearly one third
members of Maharashtra Legislative Council are elected from members
14
of Maharashtra Legislative Assembly and reminder are nominated by the
Governor from persons having special knowledge or practical experience
in respect of one of the following matters :- Literature, Science, Art, Cooperative
Movement and Social Services.
Whose names can be deleted from the Electoral Roll
• Names of dead persons
• Persons who have ceased to be or are not ordinarily resident in the
Constituency
• Persons disqualified from voting.
Correction of entries in Electoral Roll
• defective or erroneous particulars are corrected
• Transposition of entry from one place to other place in roll due to
changing of place of ordinary residence in same constituency
• No amendment, transposition or deletion of any entry can be made
after the last date for making nomination for an election from that
constituency.
Service Voters
Service voters can be enrolled in the place where they would have
been ordinarily resident had they have not been in service i.e. place of
permanent address. They can exercise their franchise either through
postal ballot papers or proxy voting.
IMPORTANT FORMS RELATING TO ELECTORAL ROLL
1) Form 6 Claim application for inclusion of name
2) Form 7 Objection to inclusion of name
3) Form 8 Objections to particulars in any entry
15
4) Form 8-A Application for transposition of entry in electoral roll
5) Form 8-B Application for deletion of entry in electoral roll
6) Form 18 Claim for inclusion of name in the Electoral Roll
for a Graduates’ Constituency
7) Form 19 Claim for inclusion of name in the Electoral Roll
for a Teachers’ Constituency
B) Conduct of Election
Qualification for membership of Lok Sabha/ Legislative Assembly
• A person shall be citizen of India.
• He/She shall not be less than 25 years.
• He/She should not held any office of profit under the Government of
India or State Government.
• He/She shall not be of unsound mind
• He /She shall not be an undischrged insolvent.
• He/She shall not be disqualified by or under any law made by
Parliament.
Qualification for membership of Rajya Sabha/ Legislative Council
• A person shall be citizen of India.
• He/She shall not be less than 30 years.
• He/She should not held any office of profit under the Government of
India or State Government.
• He/She shall not be of unsound mind
• He /She shall not be an undischrged insolvent.
• He/She shall not be disqualified by or under any law made by
Parliament.
16
Criteria for setting up of polling stations
• The District Election Officer is responsible for the provision of
polling stations and the publication of list of polling stations, under
section 25 of the Representation of the People Act, 1951.
• No. of voters assigned to each polling station normally may not
exceed 1500 electors. However, in exceptional cases, it can be exceed
1500, maximum upto 1600.
• When the number of voters exceeds 1600, an auxiliary polling station
to original polling station is set up , generally in same building or in
same locality.
• Polling Stations can be set up for weaker sections of the society for
voters less than 500, also.
• Maximum distance that voter has to travel to reach the polling station
shall not generally exceed 2 KMs. In sparsely populated , hilly or
forest area, this rule can be relaxed.
• Normally polling stations shall be in same polling area.
• Normally, polling stations shall be located in Schools, Government or
Semi-Government Buildings. However, in unavoidable circumstances,
polling station can be situated in private building or premises, with
proper control of Returning Officer.
• No polling station shall be situated in Police Station, Hospital,
Temple or places of religious significance.
• As far as possible, polling station shall be in pucca structure.
Temporary pedals with full security can be allowed in exceptional
cases.
• Separate polling station can be set up for voters suffering from leprosy
in a leprosy sanatorium.
17
• District Election Officer or officer appointed on behalf of him shall
physically verify the location of polling stations and publish the draft
list of polling stations for general information.
• Considering the claims and objections received from public and
representatives of public and political parties, the District Election
Officer can amend the list , if necessary.
• After above procedure, District Election Officer sends the draft list
alongwith necessary enclosures to the Chief Electoral Officer, for
seeking necessary approval of Election Commission of India.
• The Chief Electoral Officer after scrutinizing the same , forwards it to
the Election Commission of India with recommendations.
• After receipt of approval for draft list of polling stations, the District
Election Officer finally publish the list of polling stations for public
information.
• Only printing or clerical mistakes can be rectified by the District
Election Officer, after final publication.
Persons to be allowed inside the polling stations
• The Electors
• The Polling Officers
• Each Candidate, his election agent and one polling agent of each
candidate at a time
• Persons authorized by the Commission
• Public Servant on duty
• A Child in arms accompanying an elector
• A person accompanying a blind or an infirm voter
• Such other persons as the Presiding Officer may from time to time
admit for the purpose of identifying voters or otherwise .
18
Electors deciding not to vote
If an elector, after his electoral roll number has been duly entered
in the Register of Voters (Form 17A) and he has put his signature /thumb
impression on that register , decides not to record his vote, he shall not be
forced or compelled to record his votes. A remark to that effect shall be
made in the remarks column against the entry relating to him in the
Register of Votes.
Persons to be allowed inside the polling stations
• Counting supervisors and counting assistants
• Persons authorized by the Election Commission
• Public servants on duty in connection with the election
• Candidates , their election agents and counting agents
Persons entitled to vote by post
For Parliamentary/ Assembly Elections
• Special Voters
• Service Voters
• Voters on election duty
• Electors subjected to preventive detention
For Council Constituencies
• Voters on election duty
• Electors subject to preventive detention
• Electors in the whole or any specified parts of the constituency if
directed by the Election Commission of India
For an election by assembly members
• Electors subject to preventive detention
• All electors if directed by the Election Commission of India
19
Important Forms relating to Conduct of elections
* Form 1 Notice of Election
* Form 2A Nomination Paper for Lok Sabha Elections
* Form 2B Nomination Paper for Vidhan Sabha Elections
* Form 2C Nomination Paper for Council of States
* Form 2D Nomination Paper for Legislative Council
by the members of Legislative Assembly
* Form 2E Nomination Paper for Legislative Council
from a Council Constituency
* Form 4 List of validly nominated candidates
* Form 7B List of contesting candidates
* Form 20 Final Result Sheet
Registration of Political Parties with Election Commission of India
• Any association or body of individual citizens of India may make an
application to the Election Commission of India for it’s registration as
a political party
• Every such application shall be signed by the Chief Executive Officer
of that organization (he may be known as Secretary or by any other
designation) and may be presented or sent to the Secretary to the
Election Commission of India.
• Every such application shall contain the following particulars :-
(a) the name of the association or body
(b) the state in which its head office is situated
(c) the address to which letters and other communications meant for it
should be sent
(d) the names of its president, secretary, treasurer and other officebearers
20
(e) the numerical strength of its members , and if there are categories
of its numbers , the numerical strength in each category
(f) Whether it has any local unit, if so, at what level
(g) Whether it is represented by any member or members in either
House of Parliament or of any State Legislature, if so , number of
such members.
• Such application shall be accompanied by a copy of the memorandum
or rules and regulations of the association or body
Election Petition
• No election shall be called in question except by an election petition
presented as per provisions in laws.
• Election Petitions shall be submitted in High Court only.
• Election Petitions must be submitted within 45 days from the date of
election of returned candidate.
• Only elected candidates and other contesting candidates against whom
allegations of any corrupt practice are made , can be made the
respondents in the Election Petition.
• Election Commission of India, Chief Electoral Officer, District
Election officer, Returning Officer or any other government officials
cannot be made party in the array of respondents in the Election
Petition.
Corrupt Practice &Certain Election Offences
Corrupt Practice
• Bribery
• Undue influence
• The appeal by a candidate or his agent or by any other person
21
with consent of candidate or his election agent to vote or refrain from
voting.
• Promotion of enmity or hatred between two different classes of
citizens
• Propagation of the practice or the commission of sati or it’s
glorification
• Publication of any statement which is false in relation to personal
character or conduct of any election
• Hiring or procurement of any vehicle by candidate or his agent or any
person with the consent of candidate or his agent , for transporting
electors to/from polling station.
• Incurring or authorizing of expenditure in contravention of section 77
• Obtaining or procuring or abetting or attempting for furtherance of the
prospects of election from any person in the service of Government.
• Booth Capturing by a candidate or his agent or other person
Electoral Offences
• Promoting enmity between classes in connection with election
• Taking public meetings during period of forty-eight hours ending
with hours fixed for conclusion of poll
• Disturbances at election meetings
• Offence connected with the printing of pamphlets, posters etc.
• Maintenance of secrecy of voting
• Doing any act for the prospects of the election of a candidate by
election officers
• Canvassing in or near polling stations
• Disorderly conduct in or near polling station
• Misconduct at polling station
• Failure to observe procedure for voting
22
• Illegal hiring or procuring of conveyance at elections
• Breaches of official duty in connection with election
• Government servant acting as election agent, polling agent or
counting agent
• Going arms to or near polling station
• Removal of ballot papers from polling station to be an offence
• Other offences as mentioned in election laws/acts
C) Disqualification for members of Parliament and State Legislatures
“Disqualified” means disqualified for being chosen as, and being, a member of
either House of Parliament or of the Legislative Assembly or Legislative Council of a
State.
Disqualification on conviction for certain offences
According to Section 8 of the Representation of the People Act, 1951 (1) a
person convicted of an offence punishable under :-
(a) Indian Penal Code
Section 153A Offence of promoting
enmity between different
groups on ground of
religion, race, place of
birth, residence, language,
etc. and doing acts
prejudicial to maintenance
of harmony or
Section 171E Offence of bribery or
Section 171F Offence of undue influence
or personation at an
election or
Sub-Section (1) or (2)
of Section 376 or 376 A
or 376 B or 376 C or
376 D
Offences relating to rape or
Section 498 A Offence of cruelty by
husband or relative of
husband or
23
Sub-Section (2) or (3)
of Section 505
Offence of making
statement creating or
promoting enmity, hatred or
ill-will between classes or
offence relating to such
statement in any place of
worship or in any assembly
engaged in the performance
of religious worship or
religious ceremonies or
(b) The Protection of Civil
Rights Act,1955
Which provides for
punishment for the
preaching and practice of
“Untouchability” and for
the enforcement of any
disability arising therefrom
or
(c) Section 11 of the
Customs Act,1962
Offence of importing or
exporting prohibited goods
or
(d) Sections 10 to 12 of the
Unlawful Activities
(Prevention) Act, 1967
Offence of being a member
of an association declared
unlawful offence relating to
contravention of an order
made in respect of a
notified place or
(e) The Foreign Exchange
(Regulation) Act,1973
or
(f) The Narcotics Drugs
and Psychotropic
Substances Act,1985 or
(g) The Terrorists and
Disruptive Activities
(Prevention) Act,1987
Section 3 Offence of committing
terrorist acts or
Section 4 Offence of committing
disruptive activities or
(h) Section 7 of the
Religious Institutions
(Prevention of Misuse)
Act,1988
Offence or contravention of
the provision of Sections 3
to 6 or
24
(i) The Representation of
the People Act,1951
Section 125 Offence of promoting
enmity between classes in
connection with the election
or
Section 135 Offence of removal of
ballot papers from polling
papers from polling stations
or
Section 135a Offence of booth capturing
or
Clause (a) of subsection
(2) of Section
136
Offence of fraudulently
defacing or fraudulently
destroying any nomination
paper or
(j) Section 6 of the Places
or Worship (Special
Provisions) Act,1991
Offence of conversion of a
place of worship or
(k) Prevention of Insults to
National Honour
Act,1971
Section 2 Offence of insulting the
Indian National Flag or the
Constitution of India or
Section 3 Offence of preventing
singing of National Anthem
Shall be disqualified for a period of 6 years from the date of such conviction.
(The quantum of punishment is immaterial).
(2) A person convicted for the contravention of-
(a) any law providing for the prevention of hoarding or profiteering or
(b) any law relating to the adulteration of the food or drugs or
(c) any provisions of the Dowry Prohibition Act,1961 or
(d) any provisions of the Commission of Sati (prevention) Act,1987
and sentenced to imprisonment for not less than 6 months, shall be disqualified from
the date of such conviction and shall continue to be disqualified for a further period of
6 years since his release.
25
(3) A person convicted of any offence and sentenced to imprisonment for not less
than 2 years (other than an offence referred to in sub-section (1) or sub-section (2)
above), shall be disqualified from the date of such conviction and shall continue to be
disqualified for a further period of 6 years since his release.
(3) A person convicted of any offence and sentenced to imprisonment for not less
than 2 years (other than an offence referred to in sub-section (1) or sub-section (2)
above), shall be disqualified from the date of such conviction and shall continue to be
disqualified for a further period of 6 years since his release.
(4) Notwithstanding anything in sub-section (1) or sub-section (2) or sub-section (3),
a disqualification under either sub-section shall not, in the case of a person who on
the date of the conviction is a member of Parliament or the Legislature of a State, take
effect until 3 months have elapsed from the date or, if within that period an appeal or
application for revision is brought in respect of the conviction or the sentence, until
that appeal or application is disposed of by the court.
Disqualification on ground of corrupt practices
According to Section 8 A of the Act, the case of every person found guilty of a
corrupt practice by an order under Section 99 of the Representation of the People Act,
1951 (made by the High Court at the conclusion of the trial of an Election Petition in
case where a charge is made in an Election Petition of any corrupt practice having
been committed at an election), shall be submitted, as soon as may be, after such order
takes effect, by such authority as the Central Government may specify in this behalf,
to the President for determination of the question as to whether such person shall be
disqualified and if so, for what period. Provided that the period for which any person
may be disqualified shall in no case exceed 6 years from the date on which the order
made in relation to him under Section 99 takes effect.
26
The Central Government has specified –
(a) in relation to an election to the House of the People or the Council of States, the
Secretary-General of the House of the People or the Council of States, as the
case may be, and
(b) in relation to an election to the Legislative Assembly or to the Legislative
Council of a State, the Secretary of the Legislative Assembly or the Legislative
Council of a State, as the case may be, as the authority for the above purpose)
Before giving his decision on any question indicated above, the President/
Governor shall obtain the opinion of the Election Commission and shall act
according to such opinion.
Disqualification for dismissal for corruption or disloyalty
According to Section 9 of the Act, a person who having held an offence under
the Government of India or under the Government of any State has been dismissed for
corruption or for disloyalty to the State shall be disqualified for a period of 5 years
from the date of such dismissal. For this purpose, a certificate issued by the Election
Commission to the effect that a person having held office under the Government of
India or under the Government of any State has or has not been dismissed for
corruption or for disloyalty to the State shall be conclusive proof of that fact.
Provided that no certificate to the effect that a person has been dismissed for
corruption or for disloyalty to the State shall be issued unless an opportunity of being
heard has been given to the said person.
27
Disqualification for office under Government Company
According to Section 10 of the Act, a person shall be disqualified if, and so long
as, he is a managing agent, manager or secretary of any company or corporation (other
than a co-operative society) in the capital of which the appropriate Government has
not less than 25% share.
Disqualification for failure to lodge account of election expenses
According to Section 10 A of the Act, if the Election Commission is satisfied
that a person –
(a) has failed to lodge an account of election expenses within the time and in the
manner required by or under the Act, and
(b) has no good reason or justification for the failure,
the Election Commission shall, by order published in the official Gazette,
declare him to be disqualified and any such person shall be disqualified for a period of
3 years from the date of the order.
According to Section 77-
every candidate an election shall, either by himself or by his election agent,
keep a separate and correct account of all expenditure in connection with the election
incurred or authorised by him or by his agent between the date on which he has been
nominated and the date of declaration of the result thereof, both dates inclusive.
(1) The account shall contain particulars such as expenditure incurred on vehicles,
meetings, publicity etc.The total of the said expenditure shall not exceed limit
of Rs.25 lakhs in the case of Parliament and Rs.10 lakhs in the case of
Legislative Assembly.
28
According to Section 78 of the Act, every contesting candidate at an election
shall, within 30 days from the date of election of the returned candidate or, if there are
more than one returned candidate at the election and the dates of their election are
different, the later of those two dates, lodge with the District Election Officer
(Returning Officer in the case of a constituency in a Union Territory) an account of
his election expenses which shall be a true account of the account kept by him or his
agent under Section 77).
Removal or reduction of period of disqualification
The Election Commission may, for reasons to be recorded, remove any
disqualification except under Section 8 A or reduce the period of such
disqualification.
D) Electronic Voting Machines (EVM)
The Election Commission of India has provided nearly 150 thousand Electronic
Machines to this State. All elections including General and Bye elections, held after
the year 2000 are conducted with help of the EVMs. The most important advantage of
EVM is that printing of millions of ballot papers could be dispensed with, as only one
ballot paper is required for fixing on the Balloting Unit at each polling station instead
of one ballot paper for each individual elector. This has resulted in huge savings by
way of cost of paper, printing, transportation, storage and distribution.
Secondly, counting has become very quick and easy and the result can be
declared within 3 hours as compared to 30-340 hours, on an average, under the
conventional system.
Thirdly, there are no invalid votes under the system of voting under EVMs.
The importance of this can be better appreciated, if one knows that in many
constituencies, the number of invalid votes is more than the winning margin between
the winning candidate and the second candidate. To this extent, the choice of the
electorate is more correctly reflected due to use of EVMs.
29
EVMs can record a maximum of 3840 votes. As normally the total number of
electors in a polling station will not exceed 1500, the capacity of EVMs is more than
sufficient. EVMs are designed to accommodate up to 16 candidates as there are 16
buttons on the Balloting Unit of the EVM. In case of more than 16 candidates in a
Constituency, two or more Balloting Units can be attached with one Control Unit of
the EVM.
The people in Maharashtra have accepted the EVM very well and the
percentage of poll has increased after the introduction of EVMs, which are found to be
user friendly and hassle free.
chief electoral officer maharashtra
177 bandra vidhan sabha electoral list mumbai municipal corporation ward 92 to 97
2009 amravati municipal corporation election result
andheri assembly ward no 75
bmc voter 155 ward
ceo.maharashtra.gov.in.207bhosri
chief elctrol officer maharashtra
election of vidhan sabha in tehsil patan district satara
election result of bmc of ward 168 in sion koliwada of 2006
helipads in sangli district
htt//ceo.maharashtra.gor.in.207
http//ceo.maharshtra.gov.in.207bhosari
http://ceo.maharashtra.gov.in.207bhosari
http://ceomaharastra.gov.in.207bhosari
list elector's 266-karad (north)2006
maharashtra zilla parishads -reservation of councillors seat and election
malbarhil m.p.election voting
murbad assembly electroll roll
officers on duty 2009 vidhan sabha election pune
picture of stamp of additional collector competent authority u.l.c.greater mumbai
polling results of bmc election ward 139
rahimatpur municipal council
sindhudurg clerk form
state election commissioner official gazette for names of elected councillors of nagpur municipal corporation
ulhasnagar election 2007 list of candidates
warbhuvan in mhada
where to enroll the name for graduates constituencies of pune
www.chief electoral officer maharashtra
www.pathardielection.org/admin
where to enter the name for graduates cons
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