The Bihar State Election Authority Act, 2008

(1) This Act may be called the Bihar State Election Authority Act, 2008. (2) It shall extend to the whole of the State of Bihar. (3) It shall come into force at once.

In this Act, unless there is anything repugnant in the subject or context,- (a) "Authority" means the Bihar State Election Authority constituted under section 3 of this Act; (b) "Government" means the Government of Bihar; (c) "Election" means the election of members/office bearers of Co-operative Societies and other local bodies as may be notified by the State Government from time to time; (d) "State" means the State of Bihar; (e) "Prescribed" means prescribed by rules made under this Act; (f) "Member" includes delegate/representative as provided in the Act or Bye-laws of the Co-operative Societies or respective Acts of local bodies.

(1) The Government shall, by notification, constitute an Authority to be called the Bihar State Election Authority for the superintendence, direction and control of the preparation of electoral rolls for, and the conduct of all, elections to the Co-operative Societies and other local bodies in the State. (2) The Authority shall consist of Chief Election Officer and such other officers and staff as the Government may think fit to appoint. (3) The Chief Election Officer shall be an officer of the Government not below the rank of Secretary to the Government. (4) The Government shall provide the Authority with such other officers and employees as may be necessary for the efficient performance of the functions conferred on the Authority by this Act.

(1) The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to Co-operative Societies and other local bodies shall be vested in the Authority. (2) The Authority may, subject to the provisions of this Act and the rules made thereunder, appoint such number of officers and staff, as it may deem necessary, for the purpose of carrying out the provisions of this Act.

The Government shall, when requested by the Authority, make available to the Authority such officers and staff as may be necessary for the discharge of the functions conferred on the Authority by this Act.

The Authority may, from time to time, issue such directions to the Co-operative Societies or other local bodies as it may consider necessary for the conduct of free and fair elections.

(1) The Government may, by notification, make rules for carrying out the purposes of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:- (a) the manner in which the electoral rolls shall be prepared and maintained; (b) the procedure to be followed for the conduct of elections; (c) the qualifications and disqualifications of candidates; (d) the appointment of election officers and their powers and duties; (e) any other matter which is required to be, or may be, prescribed.

If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order, do anything not inconsistent with the provisions of this Act which appears to it to be necessary or expedient for the purpose of removing the difficulty.