Vidhi Codex

section 104

ELECTION COMMISSION

The Arunachal Pradesh Panchayat Raj Act, 1997
Infrastructure1997130 of 132 sections available
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Statutory text
  1. (1) There shall be a State Election State Election Commission constituted by the Governor for Commission. superintendence, direction and control of the preparation of Electoral rolls and for the conduct of all elections to the Panchayat bodies in the State under this Act and rules made thereunder. The State Election Commission shall consist of a State Election Commissioner to be appointed by the Governor.
  2. (2) The conditions of service and tenure of the-office of the State Election Commissioner shall be such as the Governor may by rules determine : Provided that the State Election Commissioner shall not be removed from his office except in like mariner and on like grounds as judge of the High Court and the conditions of service of the State Election Commissioner shall not be varied to his disadvantage after his appointment.
  3. (3) The State Government shall, when so requested by the State Election Commissioner, make available to the State Election Commissioner such staff as may be necessary for the discharge of the functions conferred on the State Election Commissioner under this Act. *[(4) The State Election Commission shall ,in consultation with the State Government appoint an officer of the State Government to be the District Election Officer and Sub-Divisional Election Officer to coordinate and supervise work in the District and Sub Division in connection with the conduct of election under its superintendence and control]. *[ substituted by Act 1 of 2003.5.3 (w.e.f. 30.12.2002)] 105. (1) (a) The State Election Commissioner Appointment of shall in consultation with the State Government Electoral Registration appoint en officer of the State Government to be the Officer Assistant Electoral Registration Officer and one or more Electoral Registration person, as Assistant Electoral Registration Officers Officer. for each constituency: Provided that nothing in this section shall prevent the State Election Commissioner to appoint the same person to be the Electoral | Registration Officer for more than one constituency in one or more Grams;
    • (b) The Electoral roll for each constituency shall be prepared and revised by the Electoral Registration Officer appointed under clause (a) ;
    • (c) An Electoral Registration Officer may, subject to such rules as may be prescribed, employ such persons as he thinks fit for the preparation and revision of the electoral roll for the constituency.
  4. (2) The State Election Commissioner shall appoint a Returning Officer, who shall be an officer of the State Government, for holding election to a constituency of a Zilla Parishad, an [***] or a Gram Panchayat.
  5. (3) The State Election Commissioner may appoint one or more Assistant Returning Officer who shall be an officer of State Government to assist the Returning Officer s in the performance of his functions. Every Assistant Returning Officer shall, subject to the control of the Returning Officer be competent to perform all or any of the functions of the Returning Officer : Provided that no Assistant Returning Officer shall perform any of the functions of the Returning Officer which relate to the scrutiny of nominations unless the Returning Officer is unavoidably prevented from performing the said functions.
  6. (4) The Returning Officer shall appoint Presiding Officers and Polling Officers for holding the elections or bye elections referred in sub-section
  7. (2) but he shall not appoint any person who has been employed by or on behalf of, or has been otherwise working for, a candidate in or about the election.
  8. (5) The power, functions and duties of Returning Officer, Presiding Officers. and Polling Officers and the procedure for holding elections including the declaration of results shall be such as may be prescribed.
  9. (6) At every election where poll is taken, votes shall be counted by or under the supervision and direction of the Returning Officer in such manner as may be prescribed.

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