Laws of Bangladesh

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


Chapter III


9. 1[(1) The returning Officer shall, by a notice in writing, require all heads of offices, institutions and establishments, whether Government or non-Government, in the district to provide him with a list of their officers and employees of such grades as he may specify for preparation of a panel of Presiding Officers, Assistant Presiding Officers and Polling Officers from among them.
(1A) After the preparation of the panel, the Returning Officer shall send a copy thereof to the heads of all the offices, institutions and establishments whose officers and employees have been included in the panel with a request to place the service of these officers and employees at the disposal of the Commission for use for election purpose and also forward a copy of the panel to the Commission.
(1B) The Returning Officer shall appoint from the panel for each polling station a Presiding Officer and such number of Assistant Presiding Officers and Polling Officers to assist the Presiding Officers as the Returning Officer may consider necessary:
Provided that a person who is, or has at any time been, in the employment of any candidate shall not be appointed as a Presiding Officer, Assistant Presiding Officer or Polling Officer.]
(2) A Presiding Officer shall conduct the poll in accordance with the provisions of this Order, and the rules, shall be responsible for maintaining order at the polling station and shall report to the Returning Officer any fact or incident which may, in his opinion, affect the fairness of the poll:
Provided that during the course of the poll the Presiding Officer may entrust such of his functions as may be specified by him to any Assistant Presiding Officer and it shall be the duty of the Assistant Presiding Officer to perform the functions so entrusted.
(3) The Returning Officer shall authorise one of the Assistant Presiding Officers to act in place of the Presiding Officer if the Presiding Officer is, at any time during the poll, by reason of illness or other cause, not present at the polling station, or is unable to perform his functions; and any absence of the Presiding Officer, and the reasons therefor, shall, as soon as possible after the close of the poll, be reported to the Returning Officer.
(4) The Returning Officer may, at any time during the poll for reasons to be recorded in writing, suspend any Presiding Officer, Assistant Presiding Officer, Polling Officer and make such arrangements as he may consider necessary for the performance of the functions of the officer so suspended.

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    Clauses (1), (1A) and (1B) were substituted for former clause (1) by section 5 of the Representation of the People (Amendment) Act, 1994 (Act No. XXIII of 1994)
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