Representation of the People Act, 1951 / Candidates and their agents
Section 48: Revocation or Death of a Polling Agent or Counting Agent
Section 48 of the Representation of the People Act, 1951 governs how a candidate or election agent can revoke an appointment and replace a polling agent or counting agent following revocation or death. The law specifies who signs the revocation, when it becomes effective, the officer who receives it and the deadline for appointing a replacement.
What does Section 48 provide?
The provision has two sub-sections. Sub-section (1) applies to polling agents, who represent a candidate at a polling station. Sub-section (2) applies to counting agents, who represent a candidate during the counting of votes. In either case, the contesting candidate or the candidate's election agent may sign the revocation.
Section 48(1): Revocation and replacement of a polling agent
A revocation of the appointment of a polling agent must be signed by the candidate or the candidate's election agent. It takes effect from the date it is lodged with the prescribed officer, not merely when it is prepared or signed.
If a polling agent's appointment is revoked, or the polling agent dies before the close of the poll, the candidate or election agent may appoint another polling agent at any time before the poll closes. The new appointment must follow the prescribed procedure, and notice must be given forthwith to the prescribed officer in the prescribed manner.
Section 48(2): Revocation and replacement of a counting agent
A revocation of a counting agent's appointment must likewise be signed by the candidate or election agent. Unlike a polling-agent revocation, it takes effect from the date it is lodged with the returning officer.
If revocation or death occurs before commencement of the counting of votes, the candidate or election agent may appoint another counting agent at any time before counting begins. Notice of that appointment must be given forthwith to the returning officer in the prescribed manner. Section 48(2) does not confer the same replacement power once counting has commenced.
Polling agent and counting agent: comparison
| Requirement | Polling agent - Section 48(1) | Counting agent - Section 48(2) |
|---|---|---|
| Who signs revocation? | Candidate or election agent | Candidate or election agent |
| When is revocation effective? | On lodging with the prescribed officer | On lodging with the returning officer |
| Replacement after death or revocation | Before close of poll | Before counting starts |
| Notice of replacement | Forthwith to prescribed officer | Forthwith to returning officer |
Practical procedure for candidates
- Record the change: Prepare a signed written revocation if replacing an existing agent; where the agent has died, record the relevant circumstances.
- Lodge it with the correct officer: For polling agents, use the officer specified by the applicable rules; for counting agents, the returning officer.
- Appoint a substitute: Use the form and procedure required by the Conduct of Elections Rules, 1961 and applicable Election Commission directions, observing the statutory cutoff.
- Give immediate notice: Furnish the replacement appointment to the proper officer without delay and comply with identification and entry requirements.
For polling agents, Rule 13 of the Conduct of Elections Rules, 1961 addresses appointment, and Rule 14 addresses revocation and death. For counting agents, Rule 52 concerns appointment, while Rule 53 addresses revocation and death. The prescribed forms and applicable election instructions should be checked for the particular poll.
Related provisions
Section 46 authorises appointment of polling agents; Section 47 authorises appointment of counting agents; Section 49 concerns their statutory functions; and Section 50 addresses attendance and performance of functions by the candidate or election agent.
Official legal references
- Representation of the People Act, 1951 - India Code (official PDF)
- Election Commission of India - rules, handbooks and instructions
- India Code - central legislation and subordinate rules
The statutory deadlines in Section 48 must be read with the prescribed rules and current Election Commission instructions applicable to the election concerned.