Section 26 of The Representation of the People Act, 1951
- (1)The 1[district election officer] shall appoint a presiding officer for each polling station and such polling officer or officers as he thinks necessary, but he shall not appoint any person who has been employed by or on behalf of, or has been otherwise working for, a candidate in or about the election: Provided that if a polling officer is absent from the polling station, the presiding officer may appoint any person who is present at the polling station other than a person who has been employed by or on behalf of, or has been otherwise working for, a candidate in or about the election, to be the polling officer during the absence of the former officer, and inform the 1[district election officer] accordingly: 2[Provided further that nothing in this sub-section shall prevent that 1[district election officer] from appointing the same person to be the presiding officer for more than one polling station in the same premises.]
- (2)A polling officer shall, if so directed by the presiding officer, perform all or any of the functions of a presiding officer under this Act or any rules or orders made thereunder.
- (3)If the presiding officer, owing to illness or other unavoidable cause, is obliged to absent himself from the polling station, his functions shall be performed by such polling officer as has been previously authorised by the 1[district election officer] to perform such functions during any such absence.
- (4)References in this Act to the presiding officer shall, unless the context otherwise requires, be deemed to include any person performing any function which he is authorised to perform under sub-section (2) or sub-section (3), as the case may be. 3*****
Summary
- The district election officer appoints a presiding officer for each station and as many polling officers as needed.
- People who have worked for a candidate in the election are strictly banned from being appointed.
- If a polling officer is missing, the presiding officer can appoint a replacement from those present, provided they are not candidate employees.
- One person can be appointed to lead more than one polling station if they are located in the same building.
- Polling officers can perform the leader's duties if the leader tells them to or if the leader is sick.
Practical examples
FAQ
1. Can a candidate's assistant work at a booth under Section 26 of the Representation of the People Act, 1951?
No, Section 26 of the Representation of the People Act, 1951, forbids the appointment of anyone who has been employed by or working for a candidate.
2. Who chooses the staff for the booths in the 1951 Act?
Under Section 26 of the 1951 Act, the district election officer is responsible for appointing the presiding officer and any necessary polling officers.
3. What happens if a polling officer is absent according to the Representation of the People Act, 1951?
Section 26 of the Representation of the People Act, 1951, allows the presiding officer to appoint a replacement from those present at the station.
4. Can one person manage two booths under the 1951 law?
Yes, Section 26 of the 1951 law allows the district election officer to appoint the same person as presiding officer for multiple stations in the same premises.
Test yourself
Q1.Under Section 26 of the Representation of the People Act, 1951, who is disqualified from being a presiding officer?
Q2.Who has the power to appoint a replacement polling officer if one is absent under Section 26 of the 1951 Act?
Q3.Under Section 26 of the People Act, 1951, when can one person be the presiding officer for two stations?
Q4.If a presiding officer is sick, who performs their duties under Section 26 of the Representation of the People Act, 1951?