Home India Election Commission of India In pursuance of Section 21, and in exercise of the powers co...
Date: 2021-04-13 Category: Extra Ordinary State: Union Government Country: India

In pursuance of Section 21, and in exercise of the powers conferred by subsection 1 of Section

Issued by Election Commission of India · Not Applicable

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Executive Summary & Key Takeaways

## Report on Election Commission of India Notification Regarding Returning Officers for Council of States Election **1. Executive Summary:** This report analyzes a notification issued by the Election Commission of India (ECI) on April 13, 2021, regarding the designation and appointment of Returning Officers and Assistant Returning Officers for the biennial election to the Council of States in Kerala. The core purpose is to fulfill the statutory requirements under the Representation of the People Act, 1951. The key finding is the assignment of specific individuals to these roles, ensuring the proper administration of the election process in Kerala. **2. Introduction:** This report provides an overview of the Election Commission of India's notification, dated April 13, 2021, concerning the designation and appointment of election officials for the Council of States election. The analysis is based solely on the provided text of the notification. **3. Policy Overview:** This is a *new* policy action. It is not an amendment. The core objective, inferred from the text, is to designate and appoint officials responsible for conducting the biennial election to the Council of States in the State of Kerala, in accordance with the Representation of the People Act, 1951. **4. Background and Rationale:** As a new policy action, the notification addresses the need to fulfill the statutory requirements for conducting free and fair elections. The Representation of the People Act, 1951 mandates the appointment of Returning Officers and Assistant Returning Officers to oversee the election process. This notification likely addresses the routine need to appoint these officers prior to each biennial election to the Council of States, ensuring the election is conducted in a legally compliant manner. **5. Key Provisions / Changes:** As this is a new policy action *designating officials*, the main provisions are: * Designation of Sri S. V. Unnikrishnan Nair, Secretary, Kerala Legislature Secretariat, Thiruvananthapuram as the Returning Officer for the biennial election to the Council of States in Kerala. * Appointment of Sri R. Kishor Kumar, Special Secretary, Kerala Legislative Assembly, Thiruvananthapuram as the Assistant Returning Officer to assist the Returning Officer in the performance of his functions. * The notification is issued 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 action is taken in consultation with the Government of the State of Kerala. **6. Target Audience and Stakeholders:** The primary target audience is likely the designated Returning Officer and Assistant Returning Officer, as well as the Kerala Legislature Secretariat and Legislative Assembly. Stakeholders include political parties contesting the election, voters eligible to participate in the Council of States election, and the Election Commission of India itself. The Government of the State of Kerala is also a stakeholder, as the appointments were made in consultation with them. **7. Implementation Aspects (Inferred):** * **Responsible agency/bodies:** The Election Commission of India is responsible for issuing the notification and overseeing its implementation. The Returning Officer and Assistant Returning Officer are responsible for carrying out their assigned duties. * **Timelines or procedures:** The notification is linked to the biennial election to the Council of States, to be held in Kerala, "in pursuance of the notification of the President of India, published in the Gazette of India on 13th April, 2021". This sets a relevant timeline for the officers to begin their duties. * The notification references the Representation of the People Act, 1951, which outlines the powers, functions, and responsibilities of Returning Officers and Assistant Returning Officers. **8. Expected Outcomes / Impact of Changes:** The intended outcome is the smooth and legally compliant conduct of the biennial election to the Council of States in Kerala. The designation of specific officers ensures accountability and responsibility for the election process. The allocation of these roles is critical for managing the various aspects of the election, from nomination to vote counting. **9. Conclusion:** The Election Commission of India's notification designates specific individuals as Returning Officer and Assistant Returning Officer for the Council of States election in Kerala. This action is crucial for upholding the integrity and legality of the electoral process, adhering to the Representation of the People Act, 1951. The notification is a routine, yet essential, step in the democratic process, guaranteeing the proper administration of elections and the representation of the people.

Key Entities Referenced

Election Commission of India: The constitutional body responsible for conducting elections in India. The notification is issued by this commission. Representation of the People Act, 1951: An act of Parliament of India that regulates elections to the Houses of Parliament and the State Legislatures. Council of States: The upper house of the Parliament of India, also known as the Rajya Sabha. President of India: The head of state of India, whose notification initiates the election process for the Council of States. Kerala: A state in India where the biennial election to the Council of States is to be held. Sri S. V. Unnikrishnan Nair: Secretary, Kerala Legislature Secretariat, designated as the Returning Officer for the election in Kerala. Kerala Legislature Secretariat: The secretariat of the Kerala Legislative Assembly. Sri R. Kishor Kumar: Special Secretary, Kerala Legislative Assembly, appointed as the Assistant Returning Officer for the election in Kerala. Kerala Legislative Assembly: The legislative assembly of the state of Kerala. Thiruvananthapuram, Kerala: The location of the Kerala Legislature Secretariat and the Kerala Legislative Assembly. Suman Kumar Das: The Secretary who signed the order on behalf of the Election Commission of India.
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रजिस्ट्री स.ं डी.एल.- 33004/99 REGD. No. D. L.-33004/99 xxxGIDHxxx सी.जी.-डी.एxलx.x-GअID.-E1x3xx0 42021-226575 CG-DL-E-13042021-226575 असाधारण EXTRAORDINARY भाग II—खण् ड 3—उप-खण्ड (iii) PART II—Section 3—Sub-section (iii) प्राजधकार स ेप्रकाजित PUBLISHED BY AUTHORITY स.ं 27] नई ददल्ली, मगं लर्ार, अप्रलै 13, 2021/चत्रै 23, 1943 No. 27] NEW DELHI, TUESDAY, APRIL 13, 2021/CHAITRA 23, 1943 भारत जनर्ाचा न आयोग अजधसचू ना नई ददल्ली, 13 अप्रलै , 2021 आ.अ. 29(अ).—लोक प्रजतजनजधत्र् अजधजनयम, 1951 (1951 का 43) की धारा 21 के अनुसरण में एर् ं उक्त अजधजनयम की धारा 22 की उपधारा (1) द्वारा प्रदत्त िजक्तयों को प्रयोग करते हुए, भारत जनर्ााचन आयोग, नीचे की सारणी के स्ट्तम्भ (1) में जर्जनर्ददष्ट राज्य सरकार के परामि ा से 13 अप्रलै , 2021 को भारत के रािपत्र में प्रकाजित आयोग का अजधसूचना के अनुसरण म ेंराज्य सभा के जलए होन े र्ाल ेजद्वर्ार्षिक जनर्ााचन के संबंध में एतद्द्वारा- (i) नीचे की सारणी के स्ट्तंभ (2) म ेंजर्जनर्ददष्ट अजधकारी को ररटर्ननग ऑदिसर के रूप में पदाजभजहत करता ह,ै तथा (ii) उक्त सारणी के स्ट्तंभ (3) म ें जर्जनर्ददष्ट अजधकारी को ररटर्ननग ऑदिसर के कृत्यों के जनष्पादन में सहायता के जलए, सहायक ररटर्ननग ऑदिसर के रुप में जनयक्तु करता ह;ै सारणी राज्य ररटर्षनग आदिसर के रुप म ेंपदाजभजहत सहायक ररटर्षनग आदिसर के रुप म ेंजनयक्तु अजधकारी अजधकारी (1) (2) (3) केरल श्री एस. र्ी. उन्नीकृष्णन नायर, सजचर्, केरल श्री आर. दकिोर कुमार, जर्िेि सजचर्, केरल जर्धानमंडल सजचर्ालय, जतरुर्नंतपुरम जर्धानसभा, जतरुर्नंतपरु म [िा. सं. 318/रा.स.-केरल/2021(2)] आदेि से, सुमन कुमार दास, सजचर् 2241 GI/2021 (1)2 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(iii)] ELECTION COMMISSION OF INDIA NOTIFICATION New Delhi, the 13th April, 2021 O.N. 29(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, specified in the column (1) of the TABLE below, hereby- (i) designates the officer, specified in the corresponding entry in column (2) of the said TABLE to be the Returning Officer; and (ii) appoints the officer(s), specified in the corresponding entry in column (3) of the said Table, to be the Assistant Returning Officer(s) to assist the Returning Officer in the performance of his functions; in respect of the biennial election to the Council of States, to be held in that State in pursuance of the notification of the President of India, published in the Gazette of India on 13th April, 2021: - TABLE States Returning Officer Assistant Returning Officer (1) (2) (3) Sri S. V. Unnikrishnan Nair, Secretary, Sri R. Kishor Kumar, Special Secretary, Kerala Kerala Legislature Secretariat, Kerala Legislative Assembly, Thiruvananthapuram Thiruvananthapuram [F. No. 318/CS-KL/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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