RO final Authority under Law to decide on recounting : ECI

Assembly ElectionsRO final Authority under Law to decide on recounting : ECI

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RO final Authority under Law to decide on recounting : ECI

Kolkata: The Election Commission of India (ECI) on Tuesday said that the Returning Officer (RO) appointed by the poll panel is the final authority under the law to decide on recounting in Nandigram constituency.

In a statement ECI said, “ Certain sections of media have reported about the matter of recounting in Nandigram AC. Returning Officer (RO) of an Assembly Constituency performs statutory functions under the RP Act, 1951in quasi-judicial capacity independently. Whether it is nomination, polling or counting, the RO acts strictly in accordance with the extant electoral laws, instructions and guidelines of the ECI.

As far as the media reporting on ‘recount’ concerning Nandigram AC is concerned, as per Rule 63 of the Conduct of Election Rules, 1961, which lays down the process of dealing with recount request,it,inter alia, states,On such an application being made the returning officer shall decide the matter and may allow the application in whole or in part or may reject it in toto if it appears to him to be frivolous or unreasonable.

In the light of the above, the RO takes a decision which can only be challenged through Election Petition under section 80 of the RP Act, 1951, which provides that, No election shall be called in question except by an election petition presented in accordance with the provisions of this Part.

After the counting in Nandigram AC, the election agent of a particular candidate requested for recount, which was rejected by the RO, through a speaking order, on the basis of material facts available before him in accordance with the provisions of Rule 63, as above, and declared the result. In such a case, only legal remedy is to file an EP before the High Court.

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