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State of Bihar - Section

Section 125 in The Bihar Panchayat Raj Act, 2006

125. Administrative machinery for the conduct of election.

(1)The State Government shall, when so required, for the conduct of election of Panchayats, make available to the State Election Commission, the services of officers and staff in the required numbers.
(2)The State Election commission for the conduct of Panchayat election, shall designate or nominate The District Magistrate as a District Election Officer (Panchayat) for each district and shall designate or nominate one or more Deputy District Election Officer (Panchayat) for the assistance of District Election Officer (Panchayat) who shall not be below the rank of a Deputy Collector:Provided that the District Election Officer (Panchayat) subject to direction, control and supervision of the State Election Commission, shall co-ordinate and supervise all works relating to conduct of election in the area within his jurisdiction.
(3)For the Panchayat election the State Election Commission or on being authorised by it the District Election officer (Panchayat) shall appoint Returning Officer (Panchayat) who shall not be below the rank of Block Development officer/ Circle Officer/Deputy Collector.
(4)The State election Commission or on being authorised by it, the District Election Officer (Panchayat) to assist the Returning Officer (Panchayat) in the discharge of his functions shall appoint one or more Assistant Returning Officer (Panchayat) who shall be an officer of the State Government.
(5)The District Election Officer (Panchayat) for every polling station, shall appoint a Presiding Officer (Panchayat) and to assist the Presiding Officer (Panchayat) shall appoint as many polling officer or officers as he deems necessary :Provided that any person who is a Government servant or a servant of Government Company or servant of Government aided institutions may be appointed as Presiding Officer (Panchayat)/Polling Officer:Provided further that a poling officer on being absent from the polling station, the presiding officer (Panchayat) may, under above proviso, appoint any person who is present at the polling station other than the persons appointed by the candidate or on his behalf or has been doing other work for him as polling officer and shall accordingly inform the District Election Officer (Panchayat):Provided further also that the polling officer subject to the direction of the State Election Commission, on being authorised by the Presiding Officer (Panchayat), perform all or any of the functions of Presiding Officer (Panchayat) under this Act and the Rules framed thereunder.
(6)If the Presiding Officer (Panchayat) owing to illness or any other unavoidable reason is compelled to be absent from the polling station then his functions shall be performed by such polling officer who has been so authorised previously by Returning Officer (Panchayat) to perform such functions during such absence.
(7)It shall be the general duty of the presiding officer (Panchayat) to maintain order at the polling station and see that the poll is properly going on.
(8)It shall be the duty of a polling officer of a polling station to assist the presiding officer (Panchayat) of such polling station in discharge of his functions.
(9)[ Staff of certain authorities to be made available for election work.-
(a)The authorities specified in clause (b) shall, when so requested by the District Election Officer, (Panchayat), make available to any returning officer such staff as may be necessary for the performance of any duties in connection with an election. Duties related with polling, counting of votes, maintenance of law and order, patrolling and magistracy etc. shall be deemed to be included under election duty.
(b)The following shall be the authorities for the purposes of clause (a), namely:
(i)Every local authority;
(ii)a Government company as defined in Section 617 of the Companies Act, 1956 (1 of 1956);
(iii)any other institution, concern or undertaking which is established by or under a Central, Provincial or State Act or which is controlled, or financed wholly or substantially by funds provided, directly or indirectly, by the Central Government or a State Government.]