## Report on Election Commission of India Notification Regarding Returning Officers for West Bengal Council of States Bye-Election
**1. Executive Summary:**
This report analyzes a notification issued by the Election Commission of India (ECI) on July 22, 2021, regarding the designation of a Returning Officer and Assistant Returning Officer for a bye-election to the Council of States in West Bengal. The notification is issued in pursuance of the Representation of the People Act, 1951. The key finding is the specific designation of individuals to fulfill these roles for the upcoming bye-election.
**2. Introduction:**
This report provides an overview and analysis of the Election Commission of India's notification, published on July 22, 2021, concerning the appointment of election officials for a Council of States bye-election in West Bengal. The analysis is based solely on the information provided within the notification itself.
**3. Policy Overview:**
* This notification is considered a new policy establishing the election process for the selection of the Returning Officer and Assistant Returning Officer.
* **Core Objective(s):** Based on the text, the primary objective is to legally designate and appoint specific officers to manage the bye-election process for the Council of States in West Bengal, ensuring compliance with the Representation of the People Act, 1951.
**4. Background and Rationale:**
* **New Policy:** The notification addresses the necessity of appointing designated officials to conduct the bye-election process. The bye-election necessitates the designation of a Returning Officer and an Assistant Returning Officer for proper management of the election in accordance with the law.
**5. Key Provisions / Changes:**
* **New Policy:**
* The notification formally designates Shri Supratim Bhattacharya, Secretary, West Bengal Legislative Assembly, as the Returning Officer for the bye-election.
* Smt. Swasti Acharya, Joint Secretary, West Bengal Legislative Assembly, is appointed as the Assistant Returning Officer to assist Shri Bhattacharya.
* The designation and appointment are made in pursuance of Section 21 and subsection 1 of Section 22 of the Representation of the People Act, 1951 (43 of 1951).
* The notification explicitly references a previous notification published in the Gazette of India on the same date (July 22, 2021) which initiated the bye-election.
**6. Target Audience and Stakeholders:**
Based on the provided text, the directly affected stakeholders include:
* Shri Supratim Bhattacharya (Returning Officer)
* Smt. Swasti Acharya (Assistant Returning Officer)
* The Election Commission of India
* The Government of West Bengal
* Candidates and voters participating in the Council of States bye-election in West Bengal
**7. Implementation Aspects (Inferred):**
* **Responsible Agency/Bodies:** The Election Commission of India is the primary responsible agency, in consultation with the Government of West Bengal.
* **Timelines/Procedures:** The notification itself does not contain specific timelines beyond the date of publication. However, it references a previous notification that initiated the bye-election, suggesting further procedural details and timelines exist in that referenced document. The implementation hinges on the roles and responsibilities defined in the Representation of the People Act, 1951.
**8. Expected Outcomes / Impact of Changes:**
* **New Policy:** The expected outcome of this notification is the smooth and legally compliant execution of the Council of States bye-election in West Bengal. By designating the Returning Officer and Assistant Returning Officer, the ECI ensures that the election process has designated officials responsible for its management, facilitating fairness, transparency, and adherence to legal requirements. The designation ensures accountability and proper conduct of the election.
**9. Conclusion:**
The Election Commission of India's notification designates key officials for the upcoming Council of States bye-election in West Bengal, ensuring compliance with the Representation of the People Act, 1951. This action is a necessary step in the election process, facilitating a smooth and legally sound election. This designation is critical for the proper management and execution of the electoral process.
Key Entities Referenced
Election Commission of India: The organization issuing the notification regarding the appointment of Returning Officers and Assistant Returning Officers for the by-election to the Council of States.
Council of States: Refers to the Rajya Sabha, the upper house of the Parliament of India, for which a by-election is being conducted.
Government of the State of West Bengal: The state government consulted by the Election Commission of India for designating and appointing officers for the by-election.
Representation of the People Act, 1951: The act under which the Election Commission of India exercises its powers to designate and appoint officers for the election.
Shri Supratim Bhattacharya: Secretary, West Bengal Legislative Assembly, designated as the Returning Officer.
West Bengal Legislative Assembly: The legislative assembly of West Bengal; Supratim Bhattacharya and Swasti Acharya are associated with it.
Smt. Swasti Acharya: Joint Secretary, West Bengal Legislative Assembly, appointed as the Assistant Returning Officer.
SUMAN KUMAR DAS: Secretary (Secy.) who signed 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 the Controller of Publications
रजिस्ट्री स.ं डी.एल.- 33004/99 REGD. No. D. L.-33004/99
xxxGIDHxxx
सी.जी.-डी.एलxx.x-GअID.-E2x2xx0 72021-228423
CG-DL-E-22072021-228423
असाधारण
EXTRAORDINARY
भाग II—खण् ड 3—उप-खण्ड (iii)
PART II—Section 3—Sub-section (iii)
प्राजधकार स ेप्रकाजित
PUBLISHED BY AUTHORITY
स.ं 36] िई दिल्ली, बृहस्ट्प जतर्ार, िुलाई 22, 2021/आषाढ़ 31, 1943
No. 36] NEW DELHI, THURSDAY, JULY 22, 2021/ASHADHA 31, 1943
भारत जिर्ाचा ि आयोग
अजधसचू िा
िई दिल्ली, 22 िलु ाई, 2021
आ.अ. 38(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 करते हुए, भारत जिर्ााचि आयोग, पजिम बगं ाल राज्य सरकार के परामि ा
से एतद्द्वारा तारीख 22 िुलाई, 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 एतद्द्वारा-
(।) िीच ेकी सारणी के स्ट्तम्भ (1) म ेंजर्जिर्दिष्ट अजधकारी को ररटर्निग आदिसर के रूप म ेंपिाजभजहत करता है; 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 सुप्रजतम भट्टाचाया, श्रीमती स्ट्र्जस्ट्त आचाया,
सजचर्, पजिम बंगाल जर्धाि सभा संयुि सजचर्, पजिम बंगाल जर्धाि सभा
[सं. 100/रा.स.-पजिम बंगाल/02/2021(2)]
आिेि से,
सुमि कुमार िास, सजचर्
3997 GI/2021 (1)2 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(iii)]
ELECTION COMMISSION OF INDIA
NOTIFICATION
New Delhi, the 22nd July, 2021
O.N. 38(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 West Bengal, 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 22nd July, 2021: -
TABLE
Officer Designated as Officer Appointed as
Returning Officer Assistant Returning Officer
(1) (2)
Shri Supratim Bhattacharya, Secretary, West Bengal Smt. Swasti Acharya, Joint Secretary,
Legislative Assembly. West Bengal Legislative Assembly.
[No. 100/CS-WB/02/2021(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.