(1) The State Election Commission may nominate an observer who shall be an officer of the Government to watch the conduct of election or elections for such specified area or areas in the district and to perform such other functions as may be entrusted to him by the Commission in relation thereto.
(2) The observer nominated under sub-section (1) shall have the power to direct the Returning Officer for any of the seats for which he has been nominated, to stop the counting of votes at any time before the declaration of the result, or not to declare the result, if in the opinion of the observer, booth capturing has taken place at a large number of polling stations or at counting centers or any ballot papers used at a polling station are unlawfully taken out of the custody of the Returning Officer or are accidentally or intentionally destroyed or lost or are damaged or tampered with to such an extent that the result of the poll at that polling station cannot be ascertained.
(3) Where an observer has directed the Returning Officer under this section to stop counting of votes or not to declare the result, he shall forthwith report the matter to the Commission and thereupon the Commission shall, after taking all material circumstances into account, issue appropriate directions under section 229 or 230 in the matter of declaration of results.
Appointment of observers.
178 [Act No. 11 of 2019] Power of Government to make rules.
(4) It shall be competent for the State Election Commission to appoint an Election Expenditure Observer for a group of seats or a Municipality or group of Municipalities so as to ensure that the provisions of sections 235 and 236 are strictly adhered to and in that behalf the Commission may issue such instructions as it deems fit, from time to time to such observers.
CHAPTER VII SUBSIDIARY LEGISLATION RULES, BYE-LAWS AND REGULATIONS