Form 5 For Objection to Inclusion of Name secap.nic.in : State Election Commission Arunachal Pradesh

Organisation : State Election Commission Arunachal Pradesh
Facility : Form 5 for Objection to Inclusion of Name

Download Form 5: https://www.electionin.in/uploads/932-form5.pdf
Home Page : http://www.secap.nic.in/index.htm

Related: SECAP Form 4 to Claim Application for Inclusion of Name : www.electionin.in/929.html

Objection to Inclusion of Name :

Appointment of Observers :
The State Election Commissioner appoints Observers under the plenary power conferred on him under Article 243 K of the Constitution of India as also under Sec 15(1) of the Arunachal Pradesh Municipal Elections Act, 2009 which reads

Your name should be included in the electoral roll in the particular Constituency.

“The State Election Commission may nominate an Observer who shall be an officer of Government to watch the conduct of election or elections in a constituency or a group of constituencies and to perform such other functions may be entrusted to him by the State Election Commission.”

Statutory Powers of Observers :
Observers have also been given powers to watch the conduct of elections and specially in respect of counting of votes under section 15(2) and (3) of the Arunachal Pradesh Municipal Election Act 2009, which are reproduced below

“The Observers nominated under sub-section (1) shall have the power to direct the Returning Officer for the constituency or for any of the constituencies for which he has been nominated, to stop the counting of votes at any time before the declaration of the results 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 places fixed for the poll and poll materials are unlawfully taken out of the custody of the Returning Officer or are accidentally or intentionally destroyed or lost or are damaged or tempered with to such an extent that the result of the poll at that polling station or place cannot be ascertained.

“Where an observer has directed the Returning Officer under this section to stop counting of votes or not to declare the result, the observer shall forthwith report the matter to the Commission and thereupon the Commission shall after taking all material circumstances into account, issue appropriate directions.”

OBSERVER’S DUTY IN NUTSHEL :
Observers with their administrative experience are expected to be in a position to assist the Commission in the conduct of free and fair polls. They will also be able to oversee the efficient and effective management of the electoral process at the field level. For all purposes, they will act as the eyes and ears of the Commission during the period of the election and provide direct inputs to the Commission from the field as an interface with the election machinery, the candidates, parties, and electors to ensure that the acts, rules, procedures, instructions and guidelines related to elections are strictly and impartially complied with by all concerned.

They should always clearly and firmly bear in mind the fact that they are only the eyes and ears (and not the mouthpiece) of the Commission. Their inputs/observations are confidential and solely for the use of the Commission and not for any other agency including media. They must not, therefore, interact with or respond to the queries of the Press even after the elections are over. In recent times it has been observed that some observers in case of Assembly and Parliament elections had a tendency to give interview to the media even during the course of the polling process ventilating their opinion on various electoral issues.

It is clarified that while the formal report/input/observation sent by the observers are meant for the use of the Commission, it does not mean that the observers will not discuss with the MEO/RO about their observation on various aspects of election management in order to facilitate mid-course corrections. It should be kept in mind that the objective of the deputation of the observer is not to find fault but to facilitate field administration in ensuring a free and fair poll.

However, the observers shall not mark copies of their formal reports to the Commission to any other person including MEO/RO.