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STsiincanv OFFICE OF THE
a CHIEF ELECTORAL OFFICER Fax No..
ELECTION GUJARAT STATE
IMMEDIATE General Administration Department (Election Division)
Sardar Bhavan, Block No. 7, 2nd floor, Sachivalaya, Gandhinagar-382 010.
079-23256731
079-23250456
079-23257419
079-23250324
079-23260319
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Phone No. MCC 23257086, SVEEP-23255746 Comp. Celr23257494, Fax:23257090
‘Training-23255745 Expenditure-23255742 Budget-23257420°°
INSTRUCTION SLNC 27
Election Commission's Letter No. 576/11/94/JS.lI dated 15.11.1994 addressed to
‘The Chief Electoral Officers of all States and Union Territories.
Subject: Period of duty of Presiding and Polling Officers - Clarifications
regarding
‘The appointment of Presiding Officers and Polling Officers is done by the
District Election Officer under the powers vested in him under section 26 of the
Representation of the People Act, 1951. Section 26 reads as follows:-
() 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 about the election:
Provided that if @ 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 for, a candidate in or about the election, to be the poling 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 the Presiding Officer for
more than one polling station in the same premises.
(2) A.poiling officer shall, if so directed by the Presiding Officer, perform ail or any
Of the functions of a Presiding Officer under this Act or any rules or orders
made there under,
8) If the Presiding Officer, owing to illness or other unavoidable cause, is
Obliged to absent himself from the poling station, his functions shal! be
performed by such polling officer as has been previously authorized by the
istrict election officer to perform such functions during any such absence,
2 The Commission has given detailed instructions in this regard which are
contained in Para 10.1 of Chapter Ill of ‘Handbook for Returning Offices (1994 edition)
wherein, inter alia, it has been directed that the Presiding and Polling Officers should
be formally appointed, both for the Assembly constituency and for the Parliamentary
Constituency also in the case of a simultaneous election.
3. The Commission has also prescribed a standard proforma for use by the
District Election Officer for the appointment of the Presiding Officer and the Polling
Officers, which is contained as Annexure IX in the ‘Handbook for Returming Officers’,
4. ___ Instructions are also contained in Chapter XXI of "Handbook for Presiding
Officers’ that after the ooll the Presiding Officer shall hand over to the officials in
charge Of the Collecting Centre, all polled ballot boxes, election papers and
‘materiaiss and shail obtain a receipt there of. It has also been clarified that only after
tne above ilems are checked by the Receiving Ofliciais al the Collecting Cenire in
the presence of the Presiding Officers/Polling Officers these personne! will be
relieved,
985. The time taken for reaching the Collecting Centre with the polled ballot boxes
and other materials will differ from place to place depending upon the distance of
the polling station from the Collecting Centre, terrain and facility for transport, etc.
6 After the deposit of sealed ballot boxes and other materials by the
Presiding Officers/Polling Officers these personnel will have to be given reasonable
period for traveling back to their destinations wherever they come from sinoe the
deposit of the ballot boxes often goes late into the night of t»e date of poll, wherever
they are able to reach the Collection Centre the same night, for the polling
personnel to reach their headquarters takes time.
7. The Commission therefore, has directed that the day following the date of poll,
and in the case of re-poll, the date following the date of re-poll, as the case may
be, will also be treated as period of election duty and the polling personne! witi
« | Not be required to report for duty in their normal place on such day. For instance, if
\ the date of poll is 15th December and the polled ballot boxes, etc., are reached at the
receiving centre on 15th/16th December by the Presicing Officer/Polling officers, such
\ officers will not be treated as absent from their normal duty if they do not report for
their duty on 16th December, after completion of the election duty but report on
H7th December, for their normal duties. In areas where the travelling time is
jlonger, suitable allowance will be further made for this and the day following the date:
/ of deposit of polled material, etc, shall be treated as duty p.riod.
& The Commission has directed that suitable instructions in this regard be issued
by the Slate Gow/ Chief Electoral Officer for strict compliance of al!
concemed
‘The receipt on this letter should be acknowleriaed forthvath
99