Date: 2021-09-15Category: Extra OrdinaryState: Union GovernmentCountry: India
Bye election to the Council of States from Madhya Pradesh to fill seat of Shri Thaawarchand Gehlot Appointment of Returning Officer/Assistant Returning Officer
## Policy Analysis Report: Election Commission of India Notification Regarding Returning Officer and Assistant Returning Officer for Council of States Bye-Election in Madhya Pradesh
**1. Executive Summary:**
This report analyzes a notification from the Election Commission of India (ECI) published on September 15, 2021, concerning the appointment of a Returning Officer and an Assistant Returning Officer for a bye-election to the Council of States in Madhya Pradesh. The notification designates specific officers to these roles, fulfilling the requirements of the Representation of the People Act, 1951. This report details the notification's key provisions and implications.
**2. Introduction:**
This report provides a policy analysis of an Election Commission of India notification related to the appointment of election officials for a bye-election. The analysis is based solely on the provided text of the notification.
**3. Policy Overview:**
* This is a new policy implementation specifying roles for a specific election.
* **Core Objective:** The core objective of this notification is to designate a Returning Officer and an Assistant Returning Officer for a bye-election to the Council of States in Madhya Pradesh, as mandated by the Representation of the People Act, 1951.
**4. Background and Rationale:**
The notification addresses the procedural requirement of appointing key election officials before a bye-election can be conducted. The Election Commission is statutorily responsible for conducting free and fair elections, and appointing Returning Officers and Assistant Returning Officers is a necessary step in fulfilling this responsibility. This is essential for the proper functioning of the election process, ensuring accountability and oversight.
**5. Key Provisions / Changes:**
* **New Policy:**
* The notification designates Shri A. P. Singh, Principal Secretary, Madhya Pradesh Legislative Assembly, as the Returning Officer.
* The notification appoints Shri Bhagwatdeen Singh Paraste, Additional Secretary, Madhya Pradesh Legislative Assembly, as the Assistant Returning Officer to assist the Returning Officer.
* The appointments are made in pursuance of Section 21 and in exercise of the powers conferred by subsection 1 of Section 22 of the Representation of the People Act, 1951.
* The appointments are specifically for the bye-election to the Council of States in Madhya Pradesh.
* The notification references a related Commission Notification published in the Gazette of India on the same date, September 15, 2021, presumably announcing the bye-election itself.
**6. Target Audience and Stakeholders:**
The primary stakeholders directly affected by this notification are:
* Shri A. P. Singh (Returning Officer)
* Shri Bhagwatdeen Singh Paraste (Assistant Returning Officer)
* The Election Commission of India
* The Government of Madhya Pradesh
* Candidates contesting the bye-election to the Council of States in Madhya Pradesh
* Voters in the relevant constituency.
**7. Implementation Aspects (Inferred):**
* **Responsible Agency:** The Election Commission of India is the responsible agency. They acted in consultation with the Government of the State of Madhya Pradesh.
* **Procedures:** The notification itself is an implementation step, designating personnel as required by law. Further procedures regarding the conduct of the bye-election will likely be governed by existing electoral rules and guidelines.
* **Timelines:** The notification is dated September 15, 2021, coinciding with the publication of the bye-election announcement. This suggests immediate effect for the appointments, leading up to the bye-election.
**8. Expected Outcomes / Impact of Changes:**
* **Likely Intended Outcomes:** The intended outcome of this notification is to ensure the smooth and lawful conduct of the bye-election to the Council of States in Madhya Pradesh by assigning designated officials to oversee the electoral process. This will ensure the electoral processes adhere to the guidelines and laws. The appointments of the Returning Officer and Assistant Returning Officer facilitate the administrative and logistical requirements for holding the election.
**9. Conclusion:**
The Election Commission of India's notification of September 15, 2021, is a crucial step in the preparation for the bye-election to the Council of States in Madhya Pradesh. By designating the Returning Officer and Assistant Returning Officer, the ECI ensures that the election will be conducted in accordance with the Representation of the People Act, 1951. This contributes to the integrity and legitimacy of the electoral process.
Key Entities Referenced
Election Commission of India: The governmental body responsible for conducting elections in India, issuing the notification.
Representation of the People Act, 1951: An act of the Parliament of India that regulates elections to the Houses of Parliament and the State Legislatures.
Government of the State of Madhya Pradesh: The state government of Madhya Pradesh, consulted by the Election Commission in the notification.
Council of States: Also known as Rajya Sabha, the upper house of the Parliament of India. The notification concerns a by-election to this body.
Shri A. P. Singh: Principal Secretary, Madhya Pradesh Legislative Assembly, designated as the Returning Officer.
Shri Bhagwatdeen Singh Paraste: Additional Secretary, Madhya Pradesh Legislative Assembly, appointed as the Assistant Returning Officer.
Madhya Pradesh Legislative Assembly: The legislative assembly of the state of Madhya Pradesh.
SUMAN KUMAR DAS: Secretary, signatory of the notification.
Mayapuri, New Delhi: Location of the Government of India Press.
Delhi: Location of the Controller of Publications.
रजिस्ट्री स.ं डी.एल.- 33004/99 REGD. No. D. L.-33004/99
xxxGIDHxxx
सी.जी.-डी.एxलxx.-GअID.E-1x5xx0 92021-229651
CG-DL-E-15092021-229651
असाधारण
EXTRAORDINARY
भाग II—खण्ड 3—उप-खण्ड (iii)
PART II—Section 3—Sub-section (iii)
प्राजधकार स ेप्रकाजित
PUBLISHED BY AUTHORITY
स.ं 43] िई दिल्ली, बधु र्ार, जसतम्ब र 15, 2021/भाद्र 24, 1943
No. 43] NEW DELHI, WEDNESDAY, SEPTEMBER 15, 2021/BHADRA 24, 1943
भारत जिर्ाचा ि आयोग
अजधसचू िा
िई दिल्ली, 15 जसतम्बर, 2021
आ.अ. 45(अ).— लोक प्रजतजिजधत्र् अजधजियम् 1951 (1951 का 43) की धारा 21 के अिुसरण में और धारा 22
की उपधारा (1) द्वारा प्रित्त िजियों का प्रयोग करत े हुए भारत जिर्ााचि आयोग, मध्य प्रििे राज्य सरकार के परामिा स े
एतद्द्वारा तारीख 15 जसतम्बर, 2021 को राज्य के िासकीय रािपत्र में प्रकाजित आयोग की अजधसूचिा के अिुसरण में इस
राज्य से राज्य सभा के जलए होिे र्ाल ेउप जिर्ााचि के संबंध में एततद्वारा-
(i) िीचे की सारणी के स्ट्तम्भ (1) में जर्जिर्दिष्ट अजधकारी को ररटर्निग आदिसर के रूप म ेंपिाजभजहत करता है; और
(ii) उि सारणी के स्ट्तम्भ (2) में जर्जिर्दिष्ट अजधकारी को ररटर्निग आदिसर की उसके कृत्यों के पालि में सहायता के
जलए सहायक ररटर्निग आदिसर जियुि करता ह।ै
सारणी
ररटर्निग आदिसर के रूप म ेंपिाजभजहत अजधकारी सहायक ररटर्निग आदिसर के रूप म ेंजियिु अजधकारी
(1) (2)
श्री ए.पी. ससह, प्रमुख सजचर्, श्री भगर्तिीि ससह परस्ट्ते, अपर सजचर्,
मध्य प्रििे जर्धाि सभा मध्य प्रििे जर्धाि सभा
[िा. सं. 100/रा.स.-मध्य प्रििे /09/2021(2)]
आिेि से,
सुमि कुमार िास, सजचर्
5157 GI/2021 (1)2 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(iii)]
ELECTION COMMISSION OF INDIA
NOTIFICATION
New Delhi, the 15th September, 2021
O.N. 45(E).—In pursuance of Section 21, and in exercise of the powers conferred by sub-section
(1) of Section 22 of the Representation of the People Act, 1951 (43 of 1951), the Election Commission of
India, in consultation with the Government of the State of Madhya Pradesh, hereby-
(i) designates the officer, specified in column (1) of the TABLE below, to be the Returning
Officer; and
(ii) appoints the officer, specified in column (2) of the said TABLE, to be the Assistant Returning
Officer to assist the Returning Officer in the performance of his functions;
in respect of the bye-election to the Council of States, to be held in the State in pursuance of the
Commission’s Notification, published in the Gazette of India on 15th September, 2021: -
TABLE
Officer Designated as Officer Appointed as
Returning Officer Assistant Returning Officer
(1) (2)
Shri A. P. Singh, Principal Secretary, Shri Bhagwatdeen Singh Paraste, Additional Secretary,
Madhya Pradesh Legislative Assembly Madhya Pradesh Legislative Assembly
[F. No. 100/CS-MP/09/2021(2)]
By Order,
SUMAN KUMAR DAS, Secy.
Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064
and Published by the Controller of Publications, Delhi-110054.