Election law / Representation of the People Act, 1951
Section 22: Assistant Returning Officers - Appointment, Powers and Duties
Section 22 of the Representation of the People Act, 1951 empowers the Election Commission of India to appoint assistant returning officers (AROs) to assist returning officers in conducting elections. It also defines who may be appointed and places an important restriction on the scrutiny of nomination papers.
Section 22 - Text of the statutory provision
22. Assistant returning officers. - (1) The Election Commission may appoint one or more persons to assist any returning officer in the performance of his functions:
Provided that every such person shall be an officer of Government or of a local authority.
(2) Every assistant returning officer shall, subject to the control of the returning officer, be competent to perform all or any of the functions of the returning officer:
Provided that no assistant returning officer shall perform any of the functions of the returning officer which relate to the scrutiny of nominations unless the returning officer is unavoidably prevented from performing the said function.
Who appoints an assistant returning officer?
Under Section 22(1), the Election Commission has authority to appoint one or more assistant returning officers to support a returning officer. The statutory proviso requires every appointee to be an officer of Government or of a local authority. An appointment under this section is not an independent election authority: the ARO assists the returning officer within the statutory framework.
Functions and powers under Section 22(2)
An assistant returning officer is competent to carry out all or any of the returning officer's functions, but must act subject to the control of the returning officer. Depending on the election and assignments, this can include supporting nomination administration, election preparations and other functions entrusted within the legal election process. Relevant duties of the returning officer are set out in Section 24, while Section 23 addresses references to a returning officer when an ARO performs those functions.
Important exception: scrutiny of nomination papers
The proviso to Section 22(2) restricts an ARO from performing functions relating to the scrutiny of nominations unless the returning officer is unavoidably prevented from performing that function. This is a statutory condition, not a general discretionary transfer of scrutiny authority. Scrutiny itself is governed principally by Section 36 of the Act, subject to applicable rules and Election Commission directions.
Meaning of important legal terms
- Election Commission: The Election Commission of India, the constitutional authority responsible for the superintendence, direction and control of specified elections under Article 324 of the Constitution.
- Returning officer (RO): The officer designated or nominated under Section 21 to discharge statutory election functions for the relevant constituency or election.
- Assistant returning officer (ARO): An eligible government or local-authority officer appointed under Section 22 to assist the RO, subject to the RO's control and the scrutiny restriction.
- Scrutiny of nominations: Statutory examination of nomination papers and decisions about their acceptance or rejection in accordance with Section 36.
- Unavoidably prevented: The statutory condition that must exist before an ARO may undertake scrutiny functions otherwise reserved to the RO.
Returning officer and assistant returning officer: key differences
| Point | Returning officer | Assistant returning officer |
|---|---|---|
| Legal provision | Section 21 | Section 22 |
| Role | Principal statutory election officer | Assists and acts under RO's control |
| Appointment | Election Commission, in consultation with State Government as provided by Section 21 | Election Commission under Section 22 |
| Scrutiny of nominations | Ordinarily performed by RO | Only if RO is unavoidably prevented |
Practical application of Section 22
In an election, AROs may support administration and exercise functions legally assigned to them, subject to the returning officer's supervision. Their appointment does not displace the returning officer's responsibility or override the specific statutory limits on scrutiny. Election officials and candidates should consult the applicable election notification, the Conduct of Elections Rules, 1961, and current Election Commission instructions for the relevant election.
Official statutory and election resources
- India Code - Representation of the People Act, 1951 and other Central legislation
- Election Commission of India - official election directions and manuals
- Legislative Department - Constitution of India (Article 324)
- Gazette of India - official notifications
Frequently asked questions
Can more than one assistant returning officer be appointed?
Yes. Section 22(1) expressly permits appointment of one or more persons to assist a returning officer.
Can an ARO scrutinise nomination papers?
Only when the returning officer is unavoidably prevented from performing the scrutiny function, as required by the proviso to Section 22(2).
Can an ARO act independently of the returning officer?
No. Section 22(2) expressly makes the ARO's competence to perform functions subject to the control of the returning officer.
For an actual election, read the Act with applicable rules, the election programme and current Election Commission directions.