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Section 6

The West Bengal State Election Commission Act, 1994State Act of West Bengal · Act 8 of 1994

(1) For the purpose of preparation of electoral rolls for, and conduct of, elections to the Panchayats and the Municipalities, the State Election Commissioner shall, in consultation with the State Government, appoint such officers of the State Government to be the—

(a) District Municipal Election Officer for every district,

(b) District Panchayat Election Officer for every district,

(c) Municipal Electoral Registration Officer for one or more Municipalities,

(d) Panchayat Electoral Registration Officer for one or more Blocks,

(e) Municipal Returning Officer for one or more Municipalities, and

(f) Panchayat Returning Officer for one or more Panchayat, as he thinks fit, who shall exercise such powers and perform such functions as may be prescribed:

Provided that if the territorial jurisdiction of a Municipality is spread over the administrative jurisdiction of two or more' districts, the State Election Commissioner may appoint one District Municipal Election Officer for the purpose of preparation of electoral rolls for, and conduct of, elections to that Municipality.

46 The West Bengal State Election Commission Act, 1994.

VIII of 1994.]

(Section 6.)

(2) Subject to the direction and control of the State Election Commissioner, the District Municipal Election Officer shall appoint such number of officers of the State Government to be the—

(a) Assistant Municipal Electoral Registration Officer, and

(b) Assistant.Municipal Returning Officer, as may be necessary, and such Assistant Municipal Electoral Registration Officer and Assistant Municipal Returning Officer shall exercise such powers and perform such functions as may be prescribed.

(3) Subject to the direction and control of the State Election Commissioner, the District Panchayat Election Officer shall appoint such number of officers of the State Government to be the—

(a) Assistant Panchayat Electoral Registration Officer, and

(b) Assistant Panchayat Returning Officer, as may be necessary, and such Assistant Panchayat Electoral Registration Officer and Assistant Panchayat Returning Officer shall exercise such powers and perform such functions as may be prescribed.

(4) Subject to such rules as may be made by the State Government in this behalf, the Municipal Returning Officer shall appoint such number of persons to be the—

(a) Presiding Officer, and

(b) Polling Officer, as may be necessary for holding elections or bye-elections to a Municipality:

Provided that no person, who has been employed• by or on behalf of, or has otherwise been working for, a candidate in or about the election or bye-election to a Municipality, shall be appointed to be the Presiding Officer or Polling Officer for holding such election or bye-election, as the case may be.

(5) Subject to such rules as may be made by the State Government in this behalf, the Panchayat Returning Officer shall appoint such number of persons to be the—

(a) Presiding Officer, and

(b) Polling Officer, as may be necessary for holding elections or bye-elections to a Panchayat

Provided that no person, who has been employed by or on behalf of, or has otherwise been working for, a candidate in or about the election or bye-election to a Panchayat, shall be appointed to be the Presiding Officer or Polling Officer for holding such election or bye-election, as the case may be.

47 The West Bengal State Election Commission Act, 1994.

[West Ben. Act (Sections 7-10.)

Staff of Commission.

Fixing date and time for poll.

Bar on jurisdiction of civil court.

Grant by State Government.

Where this provision sits

ActThe West Bengal State Election Commission Act, 1994
Section6
JurisdictionState of West Bengal
StatusIn force as published by the source
Judgments citing it1

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