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Elections Act 1958 [Act 19]

Part II

SUPERVISION OF ELECTIONS

3 Appointment of officers

The Election Commission may, subject to Clause (1) of Article 115 of the Constitution, appoint-

(a) a Secretary and such number of Deputy Secretaries, Principal Assistant Secretaries and Assistant Secretaries to the Election Commission as the Commission may consider necessary;

(b) a State Elections Director and so many Deputy State Elections Directors for each State as the Commission may consider necessary;

(c) a returning officer and so many assistant returning officers for each constituency as the Commission may consider necessary; and

(d) an enforcement officer and so many assistant enforcement officers as the Commission may consider necessary for each constituency.

3A General powers and duties of Secretary, Deputy Secretary and Assistant Secretaries

(1) The Secretary shall be the chief administrative officer of the Election Commission, subject at all times and in all matters to the supervision, direction and control of the Commission, and shall-

(a) implement the decisions of the Commission;

(b) carry out the day-to-day administration of the offices of the Commission, and exercise supervision, direction and control over all other election officers, and all other officers of the Commission;

(c) carry out such functions as may be given to him by the Commissions in or for the exercise of its powers or the performance of its duties in relation to the review or delimitation of constituencies, the registration of electors, the conduct of elections and other matters;

(d) have power to signify on behalf of the Commission all writs, notices and other documents of the Commission, all subsidiary legislation made by the Commission, and all other acts of the Commission; and

(e) have such other powers and duties as may be provided under this Act and any other written law.


(2) Subject to the direction, control and supervision of the Secretary, the Deputy Secretaries shall have and may exercise all the powers and perform all the functions of the Secretary under this Act and any written law, and in the absence of the Secretary, the most senior Deputy Secretary shall act as the Secretary.

(3) Subject to the direction, control and supervision of the Secretary and Deputy Secretaries, the Principal Assistant Secretaries and Assistant Secretaries shall assist the Secretary and Deputy Secretaries in the exercise of their powers and the performance of their functions.

4 Powers of officers

(1) A State Elections Director shall, subject to the direction and control of the Election Commission, have all the powers and may perform all the duties of the Commission in relation to the conduct of elections in the State for which he is appointed.

(2) A Deputy State Elections Director shall, subject to the direction and control of the State Elections Director, have all the powers and perform all the duties of the State Elections Director in the State for which he is appointed.

(2A) A returning officer shall, in common with other election officers, be subject to the control, supervision and direction of the Election Commission as provided in paragraphs 5(1)(a) and (b).

(3) An assistant returning officer shall, subject to the direction and control of the returning officer whom he is appointed to assist, have all the powers and may perform all the duties of the returning officer.

(4)

(a) If any returning officer is by sickness or other cause prevented or disabled from performing any of his duties under this Act and there is no time for any other person to be appointed by the Election Commission the returning officer may appoint an assistant returning officer to act for him.

(b) Every appointment under paragraph (a) shall as soon as possible be reported to the Election Commission and may be revoked by the Commission but without prejudice to the validity of anything already done by any assistant returning officer so appointed.


(5) An enforcement officer shall, subject to the direction and control of the State Elections Director, have all the powers and perform all the duties given to him for the enforcement of laws relating to the conduct of elections in the constituency for which he is appointed.

5 General powers and duties of Election Commission

(1) The Election Commission shall-

(a) exercise control and supervision over the conduct of elections and the registration of electors on the electoral rolls, and shall enforce on the part of all election officers fairness, impartiality and compliance with Part VIII of the Constitution and this Act and any regulations made under it;

(b) have power to issue to election officers such directions as may be deemed necessary by the Commission to ensure effective execution of Part VIII of the Constitution and this Act and any regulations made under it;

(c) have power to administer any oath required to be taken under this Act and any regulations made under it; and

(d) execute and perform all other powers and duties which are conferred or imposed upon it by this Act and any regulations made under it.


(2) The Election Commission may delegate, subject to such conditions and restrictions as the Commission may consider necessary, any of the powers and duties conferred or imposed upon the Commission by this Act or any regulations made under it, to such person or officer as it may think fit:

Provided that-

(a) nothing in this subsection shall apply to any power to make regulations under this Act; and

(b) no such delegation shall affect the exercise of such powers or the performance of such duties by the Commission.



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