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The Representation of the People Order, 1972 (President's Order)


Chapter III


1[7. 2[* * *] (1) The Commission shall appoint a Returning Officer for each constituency for the purpose of election of a member for that constituency; and a person may be appointed as Returning Officer for two or more constituencies.


(2) The Commission may appoint as many Assistant Returning Officers as may be necessary:


Provided that no Assistant Returning Officer shall be appointed for more than one constituency.


(3) An Assistant Returning Officer shall assist the Returning Officer in the performance of his functions under this Order and may, subject to any condition imposed by the Commission, exercise and perform, under the control of the Returning Officer, the power and functions of the Returning Officer.


(4) It shall be the duty of a Returning Officer to do all such acts and things as may be necessary for effectively conducting an election in accordance with the provisions of this Order and the rules.


(5) Subject to the superintendance, direction, and control of the Commission, the Returning Officer shall supervise all work in the district 3[or constituency] in connection with the conduct of elections and shall also perform such other duties and functions as may be entrusted to him by the Commission.


(6) The Commission may, at any time, for reasons to be recorded in writing, withdraw any officer performing any duty in connection with an election, or any other public functionary, or any other law enforcing personnel who obstructs or prevents or attempts to obstruct or prevent the conduct of fair and impartial poll or interferes or attempts to interfere with an elector when he records his vote, or influences in any manner the polling staff or an elector or does any other act calculated to influence the result of election, and make such arrangements as it may consider necessary for the performance of the functions of the officer or person so withdrawn.


4[(7) Where the Commission withdraws any officer or person under clause (6), it-


(a) may, if such officer or person is working in any polling station or constituency, direct him to leave the polling station or the constituency at once;


(b) shall, in case of a direction under sub-clause (a), direct such officer or person to remain out of the constituency for the period specified in the direction, and accordingly he shall comply with the direction, and if he is required to perform any official duty only in that constituency, his appointing authority shall make arrangement for his leave or otherwise;


(c) shall refer the matter to the appropriate authority for taking disciplinary and other actions in relation to such officer or person.]

  • 1
    Article 7 was substituted by section 4 of the Representation of the People (Amendment) Act, 1994 (Act No. XXIII of 1994)
  • 2
    The marginal note “Appointment of District Returning Officer and Returning Officer, etc.” were omitted by section 3 of the Representation of the People (Amendment) Act, 2001 (Act No. LVII of 2001)
  • 3
    The words “or constituency" were inserted after the word “district" by section 2 of the Representation of the People (Amendment) Act, 2023 (Act No XVII of 2023).
  • 4
    Clause (7) was substituted by section 3 of the Representation of the People (Amendment) Act, 2001 (Act No. LVII of 2001)
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