Section 5 of The Madhya Pradesh Krishak Sangathan (Nirvachan) Niyam, 1999 — Appointment of Returning Officer

Bare section text

Official Legislative Text

For filling the places of members of the Management Committee and President of the Water Users Association and Distributary Committee, and for each election to the post of Chairperson and member of the Management Committee of the Project Committee, the District Election Authority shall, by order, designate or nominate an officer as the Returning Officer, who shall, as far as possible, be a gazetted officer of the State Government or an officer of any local authority who is not of a rank lower than that of a Tehsildar.

Educational Study Layer

Summary

The District Election Authority must appoint an officer to be the Returning Officer for every election.
This appointment is necessary for filling seats of members and chairpersons in various water committees.
The Returning Officer should preferably be a Gazetted Officer of the State Government.
If the appointee is from a local authority, they must not be lower in rank than a Tahsildar.

Practical examples

1For an upcoming election in a local Water Users Association, the Collector issues an order appointing a local Gazetted Agriculture Officer as the Returning Officer. This follows Section 5.

2The Collector needs to appoint someone from the local municipal council to run an election. To comply with Section 5, the Collector chooses an officer who holds a rank equal to a Tahsildar.

FAQ

1. Who has the power to appoint a Returning Officer under Section 5?

The District Election Authority has the power to appoint the Returning Officer by order.

2. What is the preferred status for a Returning Officer according to Section 5?

The preferred status is a Gazetted Officer of the State Government.

3. Can a low-ranking clerk from a local office be a Returning Officer under Section 5?

No, an officer from a local authority must not be below the rank of a Tahsildar.

Practice Quiz

Q1.Under Section 5, what is the minimum rank required if an officer from a local authority is appointed as a Returning Officer?

Q2.Who is responsible for designating the Returning Officer for a Project Committee election according to Section 5?

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