Home India Election Commission of India Notification for appointment of RO and ARO for bye election ...
Date: 2022-05-26 Category: Extra Ordinary State: Union Government Country: India

Notification for appointment of RO and ARO for bye election to 1 seat of Council of states from Odisha

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 Officer and Assistant Returning Officer for Council of States Bye-Election in Odisha **1. Executive Summary:** This report analyzes a notification issued by the Election Commission of India on May 26, 2022, concerning the appointment of a Returning Officer and an Assistant Returning Officer for a bye-election to the Council of States in Odisha. The notification designates Shri Bishnu Prasad Mishra, IAS, as the Returning Officer and Shri Rangadhar Mallick as the Assistant Returning Officer. This report provides an overview of the notification, its background, key provisions, affected parties, inferred implementation aspects, and expected outcomes. The core purpose is to ensure the proper conduct of the bye-election by assigning specific responsibilities to designated officers. **2. Introduction:** The purpose of this report is to provide a detailed analysis of the Election Commission of India's notification, published in the Gazette of India on May 26, 2022, regarding the appointment of election officials for the Council of States bye-election in Odisha. This analysis is based solely on the provided text of the notification. **3. Policy Overview:** This is a new policy notification specifically related to the appointment of election officials for a particular bye-election. The core objective is to designate a Returning Officer and an Assistant Returning Officer to manage and oversee the bye-election to the Council of States in Odisha. **4. Background and Rationale:** As this is a notification regarding specific appointments for a particular election, the underlying problem being addressed is the need to fulfill the legal requirement of having designated officers responsible for conducting a free and fair election, as mandated by the Representation of the People Act, 1951. The bye-election itself likely arose due to a vacancy in the Council of States from Odisha. **5. Key Provisions / Changes:** This is a new policy, so the key provisions are as follows: * **Designation of Returning Officer:** Shri Bishnu Prasad Mishra, IAS, Secretary, OSSSC, Bhubaneswar, is designated as the Returning Officer. * **Appointment of Assistant Returning Officer:** Shri Rangadhar Mallick, Under Secretary, Odisha Legislative Assembly, is appointed as the Assistant Returning Officer to assist the Returning Officer. * **Legal Basis:** The notification is issued in pursuance of Section 21 and subsection 1 of Section 22 of the Representation of the People Act, 1951 (43 of 1951). * **Election Context:** The appointments are specifically for the bye-election to the Council of States in Odisha, as per the Election Commission's notification published on May 26, 2022. **6. Target Audience and Stakeholders:** The target audience and stakeholders directly affected by this notification include: * **The Appointed Officers:** Shri Bishnu Prasad Mishra and Shri Rangadhar Mallick, who are now responsible for their respective roles in the bye-election. * **The Election Commission of India:** As the issuing authority and overseer of the election process. * **The Government of the State of Odisha:** Which was consulted in the appointment process. * **Candidates and Political Parties contesting the bye-election:** As the designated officers will manage the election process affecting their participation. * **Voters in Odisha who elect members to the Council of States**: The notification is part of the process to elect their representatives. **7. Implementation Aspects (Inferred):** * **Responsible Agency/Bodies:** The Election Commission of India is the primary responsible agency. The Government of Odisha was consulted in the process. * **Timelines and Procedures:** The notification is effective from May 26, 2022, coinciding with the publication of the Election Commission's overall notification regarding the bye-election. Specific procedures for the Returning Officer and Assistant Returning Officer are likely dictated by the Representation of the People Act, 1951, and related election guidelines, though these are not detailed within the provided text. **8. Expected Outcomes / Impact of Changes:** The likely intended outcome is to ensure a smooth, fair, and legally compliant bye-election to the Council of States in Odisha. The appointment of designated officers with clear responsibilities is crucial for the proper management of the electoral process. The appointments ensure that the Election Commission can fulfil its constitutional mandate for conducting free and fair elections. **9. Conclusion:** The Election Commission of India's notification of May 26, 2022, is a necessary step in the process of conducting a bye-election to the Council of States in Odisha. By designating a Returning Officer and an Assistant Returning Officer, the Election Commission establishes clear lines of responsibility and ensures that the election will be managed according to established legal and procedural requirements. This notification is significant as it facilitates the democratic process and ensures representation for the State of Odisha in the Council of States.

Key Entities Referenced

Election Commission of India: The governmental organization responsible for conducting elections in India, issuing the notification. Representation of the People Act, 1951: A law enacted by the Parliament of India that regulates the elections to the Houses of Parliament and the State Legislatures. Government of the State of Odisha: The state government of Odisha, consulted by the Election Commission of India regarding the appointment of officers for the by-election. Council of States: Also known as the Rajya Sabha, the upper house of the Parliament of India, which is holding a by-election. Shri Bishnu Prasad Mishra: IAS officer, Secretary, OSSSC, designated as the Returning Officer for the by-election. OSSSC: Implies Odisha Sub-ordinate Staff Selection Commission. Appears to be abbreviated, but included here as part of the Returning Officer's designation Shri Rangadhar Mallick: Under Secretary, Odisha Bhubaneswar Legislative Assembly, appointed as the Assistant Returning Officer. Odisha Bhubaneswar Legislative Assembly: The Legislative Assembly of Odisha. Shri Rangadhar Mallick is Under Secretary there. SUMAN KUMAR DAS: 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.एल.-अ.-26052022-236031 xxxGIDExxx CG-DL-E-26052022-236031 असाधारण EXTRAORDINARY भाग II—खण्ड 3—उप-खण्ड (iii) PART II—Section 3—Sub-section (iii) प्राजधकार स ेप्रकाजित PUBLISHED BY AUTHORITY स.ं 25] िई दिल्ली, बहृ स्ट्प जतर्ार, मई 26, 2022/ज्य ष्े ठ 5, 1944 No. 25] NEW DELHI, THURSDAY, MAY 26, 2022/JYAISHTHA 5, 1944 भारत जिर्ाचा ि आयोग अजधसचू िा िई दिल्ली, 26 मई, 2022 आ.अ. 25(अ).—लोक प्रजतजिजधत्र् अजधजियम् 1951 (1951 का 43) की धारा 21 के अिुसरण में और धारा 22 की उपधारा (1) द्वारा प्रित श िजोयक का प्रयोग करते ए ए भारत जिर्ााचि आयोग, ओजडिा राज्य सरकार के परामि ा से एतद्द्वारा तारीख 26 मई, 2022 को राज्य के िासकीय रािपत्र म ें प्रकाजित आयोग की अजधसूचिा के अिुसरण म ें इस राज्य से राज्य सभा के जलए होिे र्ाल ेउप जिर्ााचि के संबंध में एततद्वारा- (।) िीचे की सारणी के स्ट्तम्भ (1) म ें जर्जिर्दिष्ट अजधकारी को ररटर्निग आदिसर के रूप में पिाजभजहत करता है; और (।।) उो सारणी के स्ट्तम्भ (2) में जर्जिर्दिष्ट अजधकारी को ररटर्निग आदिसर की उसके कृत्यक के पालि म ें सहायता के जलए सहायक ररटर्निग आदिसर जियुो करता ह।ै 3503 GI/2022 (1)2 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(iii)] सारणी ररटर्निग आदिसर के रूप म ेंपिाजभजहत अजधकारी सहायक ररटर्निग आदिसर के रूप म ेंजियोु अजधकारी (1) (2) श्री जबष्णु प्रसाि जमश्रा, आईएएस, सजचर्, श्री रंगधर मजल्लक, अर्र सजचर्, ओएसएसएससी, भुर्िेश् र्र ओजडिा जर्धाि सभा [िा.सं.- 100/रा.स.-ओजडिा/01/2022(2)] आिेि स,े सुमि कुमार िास, सजचर् ELECTION COMMISSION OF INDIA NOTIFICATION New Delhi, the 26th May, 2022 O.N. 25(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 Odisha, 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 26th May, 2022: - TABLE Officer Designated as Officer Appointed as Returning Officer Assistant Returning Officer (1) (2) Shri Bishnu Prasad Mishra, IAS, Secretary, OSSSC, Shri Rangadhar Mallick, Under Secretary, Odisha Bhubaneswar Legislative Assembly [F.No.- 100/CS-OD/01/2022(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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