Section 46: Appointment of Polling Agents
Section 46 of the Representation of the People Act, 1951 authorises a contesting candidate or the candidate's election agent to appoint polling agents and relief agents at polling stations. The appointments must follow the number, form and procedure prescribed under the election rules.
What does Section 46 provide?
The statutory provision states that a contesting candidate or his election agent may appoint, in the prescribed manner, such number of agents and relief agents as may be prescribed to act as the candidate's polling agents at each polling station provided under Section 25 or at the place fixed under Section 29(1) for the poll.
The expression contesting candidate refers to a candidate whose name appears in the final list of contesting candidates. A polling agent represents the candidate at a polling station to observe the conduct of the poll and perform functions authorised by election law. A relief agent is appointed to relieve or replace the principal polling agent as permitted by the applicable rules.
Who can appoint polling agents?
Only the contesting candidate or the candidate's duly appointed election agent under Section 40 is empowered by Section 46 to make the appointment. Merely being a political party worker does not confer the authority to appoint polling agents.
Appointment procedure under the Conduct of Elections Rules, 1961
Rule 13 of the Conduct of Elections Rules, 1961 prescribes the appointment process. The appointment is made in Form 10, signed by the candidate or the election agent, and the polling agent presents the appointment document to the presiding officer at the polling station. The agent must also complete the prescribed declaration before admission to perform polling-agent functions.
- Select eligible representatives: Choose the polling agent and permitted relief agents in accordance with the latest Election Commission directions and applicable security restrictions.
- Execute Form 10: The candidate or election agent signs the prescribed appointment form for the polling station concerned.
- Present the appointment: The appointee submits the form to the presiding officer and completes the required declaration before acting as polling agent.
- Follow attendance limits: Only the number of agents allowed inside the polling station at any one time may remain present, even where relief agents have been appointed.
For ordinary polling-station arrangements, Rule 13 provides for the appointment of one polling agent and two relief agents for each polling station. Only one of them may be present inside the polling station at a time. Election-specific Commission instructions, including identification and access requirements, must also be observed.
Role and functions of a polling agent
Section 49 permits polling agents to perform functions authorised by or under the Act. In practice, these include observing polling arrangements, checking the identity verification process where permitted, raising objections or challenges through prescribed procedures, and observing relevant sealing and documentation processes. Agents must not obstruct the poll, interfere with voter secrecy, or act beyond the authority granted by the law and election instructions.
Related statutory provisions
- Section 25: Provision of polling stations for constituencies.
- Section 29(1): Fixing the place of polling for specified elections.
- Section 48: Revocation of appointment or death of a polling agent or counting agent.
- Section 49: Functions of polling agents and counting agents.
- Section 50: Attendance and performance of polling or counting-agent functions by the candidate or election agent.
Official legislation and election guidance
Read the Representation of the People Act, 1951 through India Code, consult the Conduct of Elections Rules, 1961 on India Code, and check current instructions, handbooks and polling-agent requirements issued by the Election Commission of India. The prescribed forms and election-specific instructions should be verified before use.
Frequently asked questions
Can an election agent appoint polling agents?
Yes. Section 46 expressly authorises either the contesting candidate or the candidate's election agent to appoint polling agents in the prescribed manner.
Can multiple agents sit inside one polling station together?
No. Although a principal polling agent and relief agents may be appointed, the applicable rules ordinarily allow only one such agent for a candidate to remain inside the polling station at a time.
Which form is used to appoint a polling agent?
Form 10 under the Conduct of Elections Rules, 1961 is the prescribed appointment form.