Election law / Representation of the People Act, 1951

Section 28A: Election Officers Deemed to Be on Deputation to the Election Commission

Section 28A of the Representation of the People Act, 1951 establishes that specified election officers and designated police officers are deemed to be on deputation to the Election Commission during the statutory election period. During that period they are subject to the Commission's control, superintendence and discipline.

Key point: The deemed deputation starts on the date of the notification calling the election and ends on the date the election results are declared. It applies to the categories of officers specified in Section 28A, including police officers designated for the time being by the State Government for election conduct.

Section 28A - Statutory text

28A. Returning officer, presiding officer, etc., deemed to be on deputation to Election Commission. - The returning officer, assistant returning officer, presiding officer, polling officer, and any other officer appointed under this Part, and any police officer designated for the time being by the State Government, for the conduct of any election shall be deemed to be on deputation to the Election Commission for the period commencing on and from the date of the notification calling for such election and ending with the date of declaration of the results of such election and accordingly, such officers shall, during that period, be subject to the control, superintendence and discipline of the Election Commission.

Which officers are covered by Section 28A?

The provision expressly covers the returning officer, assistant returning officer, presiding officer, polling officer and other officers appointed under the relevant Part of the Act. It also covers a police officer designated for the time being by the State Government for the conduct of an election. The statutory conditions of appointment or designation are important: the section does not automatically place every police officer or every government employee on deemed deputation.

The duties and appointments of the officers mentioned are addressed in Section 21 (returning officers), Section 22 (assistant returning officers), Section 26 (presiding and polling officers) and Sections 27 and 28 (their duties).

When does the deemed deputation begin and end?

The period begins on the date of the notification calling for the election and ends on the date of declaration of the results. This statutory period is distinct from preliminary election preparations or any separate administrative deployment before or after it. The election notification and result declaration are therefore the relevant dates for applying Section 28A.

What is the legal effect of deemed deputation?

During this defined period, the officers covered by Section 28A are subject to the control, superintendence and discipline of the Election Commission in relation to election duties. The statutory deeming provision establishes election-related supervisory authority; it should not be confused with a permanent transfer of employment or an automatic change in an officer's parent service or cadre.

Important legal terms explained

Deemed deputation: A legal status created by statute under which the specified officers are treated as being on deputation to the Election Commission for the prescribed election period.
Returning officer: The officer responsible for performing statutory functions in conducting the relevant election, appointed under Section 21.
Presiding officer: The officer appointed under Section 26 to supervise a polling station and ensure that polling is conducted fairly, consistent with Section 27.
Polling officer: An officer appointed under Section 26 to assist the presiding officer in the performance of polling-station functions under Section 28.
Control, superintendence and discipline: The Commission's statutory authority to supervise and direct the specified officers and exercise election-related disciplinary oversight during the deemed-deputation period, subject to applicable law.

Relationship with Article 324 of the Constitution

Article 324 of the Constitution vests the superintendence, direction and control of elections to Parliament, State legislatures and the offices of President and Vice-President in the Election Commission. Section 28A provides an express statutory arrangement concerning specified election personnel under the Representation of the People Act, 1951. The constitutional provision and Section 28A should be read together with applicable election rules and lawful Commission directions.

Practical implications for election administration

Officers covered by the section must follow lawful election-related directions issued within the Commission's authority during the specified period.
The section identifies a defined start and end to the deemed-deputation status; it does not apply indefinitely.
For police personnel, the statutory wording requires designation by the State Government for election conduct.
Election-related complaints about official conduct may be addressed through the competent election authorities in accordance with applicable procedures.

Official legal and election resources

Frequently asked questions

Are all police officers deemed to be on deputation?

No. Section 28A refers to police officers designated for the time being by the State Government for the conduct of an election.

Does deputation continue after declaration of results?

The deemed-deputation period under Section 28A ends with the date of declaration of the results of the election.

Does Section 28A permanently transfer the officers to the Election Commission?

No. The provision creates a specific legal status for the election period and confers control, superintendence and discipline during that period.

For a particular election, refer to the applicable notification, current election instructions and any relevant judicial interpretation.