Election Law Notes- Conduct of Elections

Section 19 to 29- Administrative Machinery for conduct of elections.

Hierarchy (Machinery for the polls)

1.      Chief Election Commissioner

2.      Chief Electoral Officer of the State

3.      District Election Officer

4.      Section 21 and Section 22- Returning Officer and Assistant Returning Officer

5.      Election Commission in consultation designates or nominates an officer of the government as returning officer.

6.      Assistant returning officers are appointed for his assistance in electoral work. 

7.      The function of the scrutiny of nominations is to be performed by the returning officer only unless he is unavoidably prevented from performing such functions.

8.      The District Election officer with the previous approval of the election commission decides the number of polling stations, location of the polling stations for every constituency. He also appoints the presiding officer for each of the polling station. He also appoints such other polling officers as he thinks necessary.

9.      These officers are deemed to be on deputation to Election Commission. It is statutorily provided that the district election commission shall not appoint any person by or on behalf of or has otherwise been working for the candidate in the said election.

Poll Hours

Section 56

Fixing time for poll.—The [Election Commission] shall fix the hours during which the poll will be taken; and the hours so fixed shall be published in such manner as may be prescribed:

Provided that the total period allotted on any one day for polling at an election in 9[a Parliamentary or Assembly constituency] shall not be less than eight hours.

Section 57- Adjournment of Poll.

Section 58- Fresh Poll in case of destruction of Ballot Box.

58A. Adjournment of poll or countermanding of election on the ground of booth capturing

Baldev Singh Mann v. Gurucharan Singh and Other- 1996 2 SCC 743- The Supreme Court observed that an allegation of corrupt practice within the meaning of section 123 made in the election are regard quasi-criminal in nature requiring a strict proof of the same because of the consequences are not only very serious but also penal in nature. On the proof of any of the corrupt practices alleged, it is not only the election of the returned candidate which is declared void or set aside but besides the disqualification of the returned candidate, the candidate himself, his agent or any other person as the case may if found to have committed corrupt practice may be punished under Section 135A. It is for this reason the court insists upon a strict proof on such allegation of corrupt practice of booth capturing and not to decide the case on preponderance of probabilities. The evidence is to be judged having regard to the well settled principles.

Section 52- Death of a candidate.

Manner of Voting- Voting by Ballot, Postal Ballot, Voting Machine- With fake name, people used to cast multiple votes, sometimes electoral rolls are also faulty. Section 59 and Section 60.

Proxy Voting- It would mean allowing a voter to authorize some confident of his i.e. wife, father, brother or friend to cast the vote on his behalf and in law, proxy would mean, lawfully constituted agent authorized in writing to vote for on behalf of the voter.

Electronic Voting Machine- Section 16A of 1951 Act, Rule 49A to Rule 49X in Conduct Rules, 1961.

The design, preparation and arrangement are specially prescribed in the rules, the controlling unit or the balloting unit to be used in every polling station shall be used as prescribed under Rule 49E so far as its preparation for voting is concerned. Avoids wastage of paper.