## Report on Election Commission of India Notification Regarding Returning Officers for Council of States Bye-election in Assam
**1. Executive Summary:**
This report analyzes a notification issued by the Election Commission of India on September 15, 2021, regarding the appointment of a Returning Officer and an Assistant Returning Officer for a bye-election to the Council of States in Assam. The core purpose is to designate specific individuals to manage the election process, ensuring adherence to the Representation of the People Act, 1951. The key finding is the clear assignment of responsibilities to designated officers within the Assam Legislative Assembly Secretariat.
**2. Introduction:**
This report aims to provide a concise and informative overview of the Election Commission of India's notification, dated September 15, 2021, pertaining to the appointment of election officials for a Council of States bye-election in the state of Assam. The analysis is based solely on the information provided in the notification text.
**3. Policy Overview:**
This is a new policy designating officers for a specific election.
* **Core Objective(s):** The core objective is to designate a Returning Officer and an Assistant Returning Officer for the Council of States bye-election in Assam, ensuring the proper administration of the election process according to the Representation of the People Act, 1951. This is explicitly stated as being "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".
**4. Background and Rationale:**
* **New Policy:** The notification addresses the necessity of having designated officials responsible for managing and overseeing the Council of States bye-election in Assam. The Representation of the People Act, 1951, mandates the appointment of such officers to ensure a fair and organized election. The bye-election itself necessitates these appointments.
**5. Key Provisions / Changes:**
* **New Policy:** The notification establishes the following key provisions:
* **Designation of Returning Officer:** Sh. Dulal Pegu, Additional Secretary, Assam Legislative Assembly Secretariat, is designated as the Returning Officer.
* **Appointment of Assistant Returning Officer:** Sh. Rajib Bhattacharyya, Joint Secretary, Assam Legislative Assembly Secretariat, is appointed as the Assistant Returning Officer.
* **Scope:** The designation and appointment are specifically for the bye-election to the Council of States in Assam, held in pursuance of a previous Commission Notification published on the same date.
* **Legal Basis:** The action is taken under Section 21 and subsection 1 of Section 22 of the Representation of the People Act, 1951.
**6. Target Audience and Stakeholders:**
The primary target audience and stakeholders include:
* **The Designated Officers:** Sh. Dulal Pegu and Sh. Rajib Bhattacharyya are directly affected, as they are assigned specific responsibilities related to the election.
* **Election Commission of India:** The Commission is responsible for issuing the notification and overseeing the election process.
* **Government of the State of Assam:** The notification explicitly mentions that the Election Commission acted "in consultation with the Government of the State of Assam."
* **Candidates and Voters in the Assam Bye-election:** While not directly mentioned, the smooth execution of the election impacts these stakeholders.
**7. Implementation Aspects (Inferred):**
* **Responsible Agency/Bodies:** The Election Commission of India is the primary responsible agency. The Assam Legislative Assembly Secretariat is indirectly involved as the officers designated are from that secretariat. The Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi110064 and the Controller of Publications, Delhi110054 are responsible for publishing the gazette.
* **Timelines/Procedures:** The notification is effective from the date of publication (September 15, 2021). The designated officers are expected to fulfill their responsibilities as per the established election procedures and guidelines. The phrase "in pursuance of the Commissions Notification, published in the Gazette of India on 15th September, 2021" suggests the timing aligns with that previous notification.
**8. Expected Outcomes / Impact of Changes:**
* **New Policy:** The intended outcome is the efficient and legally compliant conduct of the Council of States bye-election in Assam. The designation of specific officers with clear responsibilities ensures accountability and facilitates a well-managed election process. The impact is the proper execution of the election as prescribed by law.
**9. Conclusion:**
The Election Commission of India's notification regarding the appointment of Returning Officer and Assistant Returning Officer for the Council of States bye-election in Assam is a crucial step in ensuring a fair and organized election. By designating specific individuals and outlining their responsibilities under the Representation of the People Act, 1951, the notification contributes to the integrity and smooth functioning of the electoral process. The notification's significance lies in its adherence to legal requirements and its contribution to democratic governance.
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: The parliamentary act that empowers the Election Commission to designate and appoint officers for elections.
Government of the State of Assam: The state government consulted by the Election Commission of India for designating officers.
Council of States: The upper house of the Parliament of India, for which a byelection is to be held.
Sh. Dulal Pegu: Additional Secretary, Assam Legislative Assembly Secretariat, designated as the Returning Officer.
Assam Legislative Assembly Secretariat: The legislative assembly secretariat of Assam.
Sh. Rajib Bhattacharyya: Joint Secretary, Assam Legislative Assembly Secretariat, appointed as the Assistant Returning Officer.
SUMAN KUMAR DAS: Secretary, who issued the order on behalf of the Election Commission of India.
Mayapuri, New Delhi: Location of the Dte. of Printing at Government of India Press.
Delhi: Location of Controller of Publications.
रजिस्ट्री स.ं डी.एल.- 33004/99 REGD. No. D. L.-33004/99
सी.जी.-डी.एल.-अ.-15092021-229659
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CG-DL-E-15092021-229659
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असाधारण
EXTRAORDINARY
भाग II—खण् ड 3—उप-खण्ड (iii)
PART II—Section 3—Sub-section (iii)
प्राजधकार स ेप्रकाजित
PUBLISHED BY AUTHORITY
स.ं 41] िई दिल्ली, बुधर्ार, जसतम्ब र 15, 2021/भाद्र 24, 1943
No. 41] NEW DELHI, WEDNESDAY, SEPTEMBER 15, 2021/BHADRA 24, 1943
भारत जिर्ाचा ि आयोग
अजधसचू िा
िई दिल् ली, 15 जसतम्ब र, 2021
आ.अ. 43(अ).—लोक प्रजतजिजधत्र् अजधजियम ् 1951 (1951 का 43) की धारा 21 के अिसु रण म ें और धारा 22
की उपधारा (1) द्वारा प्रित्त िजियों का प्रयोग करत े हुए, भारत जिर्ााचि आयोग, असम राज्य सरकार के परामिा स े
एतद्द्वारा तारीख 15 जसतम्बर, 2021 को राज्य के िासकीय रािपत्र में प्रकाजित आयोग की अजधसूचिा के अिुसरण म ें इस
राज्य स े राज्य सभा के जलए होिे र्ाल े उप-जिर्ााचि के संबंध में एति्द्वारा- (।) िीचे की सारणी के स्ट्तम्भ (1) म ें जर्जिर्दिष्ट
अजधकारी को ररटर्निग आदिसर के रूप म ेंपिाजभजहत करता ह;ै और
(।।) उि सारणी के स्ट्तम्भ (2) में जर्जिर्दिष्ट अजधकारी को ररटर्निग आदिसर की उसके कृत्यों के पालि म ें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 िलु ाल पेग,ू अपर सजचर्, असम जर्धाि सभा श्री रािीब भट्टाचाया, संयुि सजचर्, असम जर्धाि सभा
सजचर्ालय सजचर्ालय
[िा. सं. 100/रा.स.-असम/05/2021 (2)]
आिेि से,
सुमि कुमार िास, सजचर्
5152 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. 43(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 Assam, 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)
Sh. Dulal Pegu, Additional Secretary, Assam Sh. Rajib Bhattacharyya, Joint Secretary, Assam
Legislative Assembly Secretariat Legislative Assembly Secretariat
[F. No. 100/CS-AS/05/2021 (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.