Home India Election Commission of India Bye election to the Council of States from Maharashtra to fi...
Date: 2021-09-15 Category: Extra Ordinary State: Union Government Country: India

Bye election to the Council of States from Maharashtra to fill seat of Shri Rajeev Shankarrao Satav Appointment of RO, ARO

Issued by Election Commission of India · Not Applicable

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Executive Summary & Key Takeaways

## Policy Analysis Report: Election Commission of India Notification Regarding Returning and Assistant Returning Officers for Council of States Bye-election in Maharashtra **1. Executive Summary:** This report analyzes a notification issued by the Election Commission of India (ECI) on September 15, 2021, concerning the appointment of Returning Officer (RO) and Assistant Returning Officers (AROs) for a bye-election to the Council of States in Maharashtra. The core purpose of this notification is to designate specific officers responsible for conducting the bye-election. The key finding is the formal designation of Sh. Rajendra Bhagwat as the Returning Officer and Sh. Vilas G. Athawale and Sh. Prakashchandra Shriram Khondalay as Assistant Returning Officers. **2. Introduction:** This report aims to provide a comprehensive analysis of the Election Commission of India's notification, dated September 15, 2021, regarding the appointment of election officials for the Council of States bye-election in Maharashtra. The analysis is based solely on the information provided within the notification text. **3. Policy Overview:** This notification constitutes a *new* policy action, not an amendment. * **Core Objective(s):** The primary objective is to officially designate the Returning Officer and appoint Assistant Returning Officers for the Council of States bye-election in Maharashtra. This ensures that the electoral process has designated individuals responsible for its proper execution. **4. Background and Rationale:** As this is a new policy action related to a specific event (bye-election), the notification addresses the need to comply with Section 21 and subsection 1 of Section 22 of the Representation of the People Act, 1951. These sections likely mandate the ECI to appoint ROs and AROs to oversee elections. A bye-election necessitates the appointment of these officers to fill a vacancy in the Council of States. **5. Key Provisions / Changes:** * **Designation of Returning Officer:** Sh. Rajendra Bhagwat, Principal Secretary, Maharashtra Legislature Secretariat, is designated as the Returning Officer. * **Appointment of Assistant Returning Officers:** Sh. Vilas G. Athawale, Deputy Secretary, Maharashtra Legislature Secretariat and Sh. Prakashchandra Shriram Khondalay, Under Secretary, Maharashtra Legislature Secretariat are appointed as Assistant Returning Officers. * **Legal Basis:** The notification cites Section 21 and subsection 1 of Section 22 of the Representation of the People Act, 1951 (43 of 1951) as the legal basis for these actions. The notification also mentions consultation with the Government of Maharashtra. * **Context:** The notification references a prior Commission Notification published in the Gazette of India on September 15, 2021, related to the Council of States bye-election itself. **6. Target Audience and Stakeholders:** The primary target audience includes: * **The designated Returning Officer (Sh. Rajendra Bhagwat) and Assistant Returning Officers (Sh. Vilas G. Athawale and Sh. Prakashchandra Shriram Khondalay):** They are directly responsible for executing the bye-election process. * **Candidates contesting the bye-election:** The RO and AROs will oversee the election in which they participate. * **Voters in the relevant constituency in Maharashtra:** Although not explicitly stated, voters are implicitly affected as these officers are responsible for ensuring a fair and transparent election. * **Election Commission of India:** As the issuing authority, the ECI is responsible for overseeing the implementation of this notification. * **Government of Maharashtra:** The state government was consulted in the designation and appointment process. * **Maharashtra Legislature Secretariat:** The officers designated are from the Maharashtra Legislature Secretariat. **7. Implementation Aspects (Inferred):** * **Responsible Agency/Bodies:** The Election Commission of India is ultimately responsible. The designated Returning Officer and Assistant Returning Officers are responsible for the on-the-ground execution of the bye-election. The Maharashtra Legislature Secretariat provides the personnel. * **Timelines/Procedures:** The notification is effective immediately as of September 15, 2021, coinciding with the publication of the initial bye-election notification. The procedures for the bye-election itself would be governed by the Representation of the People Act, 1951 and other relevant election regulations. **8. Expected Outcomes / Impact of Changes:** The intended outcome is to ensure a legally sound and properly administered bye-election to the Council of States in Maharashtra by clearly assigning responsibilities for the election process. The appointment of these officers ensures accountability and facilitates the smooth conduct of the election. **9. Conclusion:** The Election Commission of India's notification of September 15, 2021, regarding the designation of the Returning Officer and appointment of Assistant Returning Officers for the Council of States bye-election in Maharashtra is a crucial step in ensuring a fair and transparent electoral process. It formally assigns responsibility for the conduct of the election, thereby upholding the integrity of the democratic process.

Key Entities Referenced

Election Commission of India: The constitutional body responsible for conducting elections in India, issuing the notification. New Delhi: The location where the notification was issued. Representation of the People Act, 1951: An act of the Parliament of India that regulates the actual conduct of elections to the Houses of Parliament and the State Legislatures. Government of the State of Maharashtra: The state government consulted by the Election Commission of India. Council of States: The Upper House of the Parliament of India. The notification pertains to a by-election to the Council of States in Maharashtra. Rajendra Bhagwat: Principal Secretary, Maharashtra Legislature Secretariat, designated as the Returning Officer. Maharashtra Legislature Secretariat: The legislative assembly secretariat of Maharashtra. Vilas G. Athawale: Deputy Secretary, Maharashtra Legislature Secretariat, appointed as Assistant Returning Officer. Prakashchandra Shriram Khondalay: Under Secretary, Maharashtra Legislature Secretariat, appointed as Assistant Returning Officer. Suman Kumar Das: Secretary, signing the order. Mayapuri, New Delhi: Location of the Dte. of Printing at Government of India Press. Delhi: Location of the Controller of Publications.
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रजिस्ट्री स.ं डी.एल.- 33004/99 REGD. No. D. L.-33004/99 xxxGIDHxxx सी.जी.-डी.एxलx.x-GअID.-E1x5xx0 92021-229657 CG-DL-E-15092021-229657 असाधारण EXTRAORDINARY भाग II—खण्ड 3—उप-खण्ड (iii) PART II—Section 3—Sub-section (iii) प्राजधकार स ेप्रकाजित PUBLISHED BY AUTHORITY स.ं 45] िई दिल्ली, बधु र्ार, जसतम्ब र 15, 2021/भाद्र 24, 1943 No. 45] NEW DELHI, WEDNESDAY, SEPTEMBER 15, 2021/BHADRA 24, 1943 भारत जिर्ाचा ि आयोग अजधसचू िा िई दिल्ली, 15 जसतम्बर, 2021 आ.अ. 47(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 करते हुए भारत जिर्ााचि आयोग, महाराष्ट्र राज्य सरकार के परामिा से 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 र्ाले उप जिर्ााचि के संबंध में एतिद्व् ारा- (।) िीचे की सारणी के स्ट्तम्भ (1) में जर्जिर्दिष्ट अजधकारी को ररटर्निग आदिसर के रूप में पिाजभजहत करता है; और (।।) उि सारणी के स्ट्तम्भ (2) में जर्जिर्दिष्ट अजधकाररयों को ररटर्निग आदिसर की उसके कृत्यों के पालि में सहायता के जलए सहायक ररटर्निग आदिसर जियुि करता है। सारणी ररटर्निग आदिसर के रूप म ेंपिाजभजहत अजधकारी सहायक ररटर्निग आदिसर के रूप म ेंजियिु अजधकारी (1) (2) श्री रािेंद्र भागर्त, प्रधाि सजचर्, 1. श्री जर्लास गो. आठर्ले, उप सजचर्, महाराष्ट्र जर्धािमंडल महाराष्ट्र जर्धािमंडल सजचर्ालय सजचर्ालय 2. श्री प्रकािचंद्र श्रीराम खोंिलें, अर्र सजचर्, महाराष्ट्र जर्धािमंडल सजचर्ालय [िा. सं. 100/रा.स.-महाराष्ट्र/08/2021(2)] आििे से, सुमि कुमार िास, सजचर् 5169 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. 47(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 Maharashtra, hereby- (i) designates the officer, specified in column (1) of the TABLE below, to be the Returning Officer; and (ii) appoints the officers, 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) Sh. Rajendra Bhagwat, Principal Secretary, 1. Sh. Vilas G. Athawale, Deputy Secretary, Maharashtra Legislature Secretariat Maharashtra Legislature Secretariat 2. Sh. Prakashchandra Shriram Khondalay, Under Secretary, Maharashtra Legislature Secretariat [F. No. 100/CS-MT/08/2021(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.

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