Section 26: Appointment of Presiding Officers under the Representation of the People Act, 1951

Section 26 of the Representation of the People Act, 1951 governs the appointment of Presiding Officers and Polling Officers at polling stations. It specifies who appoints them, the prohibition against appointing persons connected with candidates, and how duties are performed when an officer is absent.

Key rule: The District Election Officer appoints a Presiding Officer for each polling station and the necessary Polling Officers. A person employed by or working for a candidate in connection with the election must not be appointed.

Section 26: Statutory provisions

Section 26(1): Appointment and eligibility

(1) The district election officer shall appoint a presiding officer for each polling station and such polling officer or officers as he thinks necessary, but he shall not appoint any person who has been employed by or on behalf of, or has been otherwise working for, a candidate in or about the election:

First proviso:

Provided that if a polling officer is absent from the polling station, the presiding officer may appoint any person who is present at the polling station other than a person who has been employed by or on behalf of, or has been otherwise working for, a candidate in or about the election, to be the polling officer during the absence of the former officer, and inform the district election officer accordingly:

Second proviso:

Provided further that nothing in this sub-section shall prevent the district election officer from appointing the same person to be the presiding officer for more than one polling station in the same premises.

Section 26(2): Delegation of Presiding Officer functions

(2) A polling officer shall, if so directed by the presiding officer, perform all or any of the functions of a presiding officer under this Act or any rules or orders made thereunder.

Section 26(3): Absence of the Presiding Officer

(3) If the presiding officer, owing to illness or other unavoidable cause, is obliged to absent himself from the polling station, his functions shall be performed by such polling officer as has been previously authorized by the district election officer to perform such functions during any such absence.

Section 26(4): Meaning of Presiding Officer

(4) References in this Act to the presiding officer shall, unless the context otherwise requires, be deemed to include any person performing any function which he is authorized to perform under sub-section (2) or sub-section (3), as the case may be.

Explanation of the appointment procedure

The District Election Officer (DEO) is the statutory appointing authority for polling-station staff under Section 26(1). The Presiding Officer supervises the poll at the polling station, while Polling Officers assist with assigned tasks and may perform specified Presiding Officer functions under Section 26(2). Under Sections 27 and 28, the Presiding Officer must ensure that the poll is fairly conducted and polling officers assist in performing polling duties.

What happens when an officer is absent?

Polling Officer absent: The Presiding Officer may temporarily appoint a suitable person present at the station, excluding anyone connected with a candidate in the manner prohibited by the Act, and must inform the DEO.
Presiding Officer absent due to illness or unavoidable cause: A Polling Officer previously authorised by the DEO performs the Presiding Officer's functions.
More than one station in the same premises: The DEO may appoint the same person as Presiding Officer for multiple polling stations situated in those premises, as permitted by the second proviso to Section 26(1).

Impartiality and accountability

The restriction on persons working for a candidate helps safeguard the neutrality of polling staff. Election personnel must also follow the applicable Conduct of Elections Rules, 1961 and Election Commission directions. Section 28A addresses deemed deputation to the Election Commission and the Commission's control, superintendence and discipline over specified election officers during the relevant period.

Frequently asked questions

Who appoints a Presiding Officer?

The District Election Officer appoints a Presiding Officer for each polling station under Section 26(1).

Can a person working for a candidate be appointed as a Polling Officer?

No. Section 26(1) prohibits appointment of persons employed by or on behalf of, or otherwise working for, a candidate in or about the election. The temporary replacement power is subject to the same exclusion.

Can a Polling Officer act as Presiding Officer?

Yes, if directed under Section 26(2), or where the Presiding Officer is absent owing to illness or another unavoidable cause and the Polling Officer was previously authorised by the DEO under Section 26(3).

Official legal resources

For a particular election, also consult applicable ECI instructions and the current statutory text and rules.