State Act

Jharkhand Panchayat Raj Act, 2001_English

Section 67 Power to recruit officers and employees and to assign their duties and functions - 1. In exercise of the powers under section (66), the State Election Commission in consultation with the State Government may appoint officers and employees to conduct election of the Panchayats. 2. The State Election Commission may assign such duties and functions to the officers and employees appointed under sub-section (1) and vest in them such powers and in respect of such areas as it thinks necessary or thinks proper for conducting of election and matters related and ancillary thereto. 3. Administrative machinery for conduct of election - (i) The State Government shall make available, whenever so required, the services of the regional employees and officers to the State Election Commission for conducting the Panchayat Election; (ii) For conduct of election of Panchayats the State Election Commission may, for every district, designate or nominate the Deputy Commissioners/ District Magistrate as District Election Officer (Panchayat), and to help the District Election Officer (Panchayat) it may designate or nominate one District Deputy Election Officer (Panchayat) or more who will be either a District Panchayat Raj Officer or an Officer not below the rank of a Deputy Collector, Provided that subject to the direction, control and supervision of the State Election Commission, the District Election Officer (Panchayat) shall co-ordinate and supervise all the works concerning conduct of election within his jurisdiction. 1[(iia) For free and fair conduct of Panchayat elections, the State Election Commission, in consultation with the State Government, shall appoint General and Expenditure Observer, who shall supervise the entire election process and shall submit their report to the State Election Commission.] (iii) The State Election Commission, or on being authorized by it the District Election Officer (Panchayat) may, for election in Panchayats, appoint Returning Officer (Panchayat) who shall not be below the rank of Block Development Officer/Anchaladhikari/Deputy Collector; (iv) The State Election Commission or on being authorized by it, the District Election Officer (Panchayat) may appoint one or more than one Assistant Returning Officer (Panchayat) to help the Returning Officer (Panchayat) in discharge of his functions, who shall be officers of the State Government; (v) The District Election Officer (Panchayat) shall appoint a presiding officer (Panchayat) for every polling booth and to help the presiding officer (Panchayat) as many polling Officer or Officers as he may consider necessary; Provided that any person who is in service of government or public company or government aided organisation may be appointed as polling officer by the Presiding Officer (Panchayat). Provided further that in the event of any Polling Officer being absent from the polling booth, the Presiding Officer (Panchayat) may appoint, under the foregoing proviso, any such person as Polling Officer who is present at the polling booth and is other than such person who has been engaged in election or in relation therewith by or on behalf of any candidate or is otherwise working for him, and shall infrom the District Election Officer (Panchayat) accordingly; Provided further also that the Polling Officer, on being authorised by the Presiding Officer (Panchayat) subject to directions of the State Election Commission, shall discharge all or any of the functions of the Presiding Officer (Panchayat) under this Act and the Rules made thereunder. (vi) If due to illness or any other unavoidable cause, the Presiding Officer (Panchayat) is compelled to be absent from the polling booth, then his function shall be discharged by such a Polling Officer as has been earlier authorized by the Returning Officer (Panchayat) to discharge such functions. (vii) It shall ordinarily be the duty of a Presiding Officer (Panchayat) to maintain order in polling booth and to see to it that voting is being conducted properly. (viii) It shall be the duty of the polling officer to assist the Presiding Officer (Panchayat) in performing his duties on polling both (as such).