Chapter VIII NOTIFICATION OF GENERAL ELECTIONS AND ADMINISTRATIVE

Notification for general election to panchayats. - (1) A general election shall be held for the purpose of constitution or reconstitution of new panchayats before the expiration of the duration of the existing panchayats.

1. (2) For the said purpose, the Government shall, by one or more notifications published in the Gazette on such date or date as may be recommended by State Election Commission, call upon all the constituencies of the panchayats in the State to elect members in accordance with the provisions of this Act and of the rules and orders made there under.

State Election Commission under this Act or the rules made there under, may subject to such general or special directions, if any, given by the State Election Commission in this behalf be performed also by the Secretary to the State Election Commission:

General duties of district election officers. - Subject to the superintendence, direction and control of the State Election Commission the district election officer, shall co- ordinate and supervise all work, in the district in connection with the conduct of all elections to the panchayats in the district.

41[40 A. Election Observers.- (1) The State Election Commission may nominate adequate number of higher officials of the Government as observers in consultation with the Government for observing the election of the Panchayat.]

42[(2) The observer nominated under subsection (1) shall assist the State Election Commission to ensure a fair and equitable election and shall discharge such other function as may be entrusted by the Commission.]

For every Panchayat for every election to fill a seat or seats in the Panchayat, the State Election Commission, shall, consultation with the Government, designate or nominate 41 42 43 one or more returning Officer who shall be an Officer of the government or of a local Self Government Institutions: Provided that nothing in the section shall prevent the State Election Commission from designating or nominating the same person to be the returning Officer for more than one Panchayats lying adjacent. Inserted by Act 13 of 1999. Inserted by Act 13 Substituted by Act 13 of 1999.

(1) The State election Commission may appoint one or more persons as assistant returning officers to assist any returning officer in the performance of this functions. (2)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 relates to the scrutiny of nominations unless the returning officer is unavoidably prevented from performing the said function.

functions of the returning officer. — References in this Act to the returning officer shall, unless the context otherwise requires, be deemed to include an assistant returning officer performing any function which he is authorised to perform under sub-section (2) of section - 42.

It shall be 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 this Act and the rules or orders made there under.

The district election officer shall with the previous approval of the State Election Commission provide sufficient number of polling stations for every panchayat within his jurisdiction, and shall publish in such manner as the State Election

Appointment of presiding officers for polling stations. - (1) The district

election officer shall appoint a presiding officer for each polling station and such polling officer or officers as he thinks necessary, 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 in relation to the election. Provided that if a polling officer is absent from the polling station, the presiding officer may appoint any person who is present at the polling station other than a person who has been employed by or on behalf of, or has been otherwise working or, a candidate in or in relation to the election, to be the polling officer during the absence of the former officer, and inform the district election officer accordingly: Provided further that nothing in this sub-section shall prevent the district election officer from appointing the same person to be presiding officer for more than one polling station in the same premises. (2)A polling officer shall, if so directed by the presiding officer, perform all or any of the functions of a presiding officer under this Act or any rules or orders made there under. (3)If the presiding officer, owing to illness or other unavoidable cause, is obliged to absent himself from the polling station, his functions shall be performed by such polling

officer as has been previously authorised by the district election officer to perform such functions during any such absence. (4)References in this Act to the presiding officer shall, unless the context otherwise requires, be deemed to include any person performing any function which he is authorised to perform under sub-section (2) or sub-section (3) as the case may be.

It shall be the general duty of the presiding officer at a polling station to keep order there at and to see that the poll is fairly taken.

It shall be the duty of the polling officers at a polling station to assist the presiding officer for such station in the performance of his functions.

deputation to the Election Commission. - The Returning Officer, the Assistant Returning Officer, the Presiding Officer, the Polling Officer, any other Officer and any Police Officer designated for the time being to conduct a general election or bye-lection under the provisions of this Act shall be deemed to be on deputation to the State Election Commission for the period from the date of the notification for such election to the date of declaration of the result of such election and accordingly, such officers shall be subject to the control, supervision and command of the State Election Commission during that period. Added by Act 13 of 1999.