OBSERVER

ROLE & FUNCTIONS

FACILITIES TO BE EXTENDED BY THE DEO/ RO

APPOINTMENT

• Appointed by the ECI under Section 324 of

the Constitution read with Section 20 (B)

of the RP Act, 1951.

• Are the eyes and ears of the Commission.

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SECTION 20 (B) OF THE RP ACT, 1951“(1) The Election Commission may nominate

an Observer who shall be an officer ofGovernment to watch the conduct ofelection or elections in a constituency or agroup of constituencies and to performsuch other functions as may be entrustedto him by the Election Commission.

(3) Where an Observer has directed theReturning Officer under this section to stopcounting of votes or not to declare theresult, the Observer shall forthwith reportthe matter to the Election Commission andthereupon the Election Commission shall,after taking all material circumstances intoaccount, issue appropriate directions underSection 58A or Section 64A or Section 66.”

(2) The Observer nominated under sub‐section(1) shall have the power to direct theReturning Officer for the constituency orfor any of the constituencies for which hehas been nominated, to stop the countingof votes at any time before the declarationof the result or not to declare the result ifin the opinion of the Observer, boothcapturing has taken place at a largenumber of polling stations or at placesfixed for the poll or counting of votes orany ballot papers used at a polling stationor at a place fixed for the poll areunlawfully taken out of the custody of theReturning Officer or are accidentally orintentionally destroyed or lost or aredamaged or tampered with to such anextent that the results of the poll at thatpolling station or place cannot beascertained.

Observers

• General Observers – Engaged forobserving general conduct of elections.

• Expenditure Observers – EOs areresponsible for overall supervision ofexpenditure monitoring for about fiveAssembly segments.

• Police Observers -Appointed by the Commission to observe law and order situations for a group of districts

• Awareness Observers-Appointed by the Commission to observe awareness generation matters particularly SVEEP issues for a group of districts.

Visit of Observers

General Observer – Reaches constituency beforelast day of nomination and stays till counting.

Expenditure Observer -

• To reach the constituency on the day ofnotification of elections,

• EO to leave the constituency after submitting thepoll preparedness report-I,

• 2nd Visit on date immediately after the date ofwithdrawal of candidature and remain in theconstituency during entire campaign periodand leave the constituency only after thecompletion of poll and sending his Report-III,

• 3rd visit after 25 days from declaration ofresults to assist in finalisation of scrutinyreport prepared by DEO. He will send hisfinal(IV) Report after that ( stay for 10 days)

Visit of Observers

DIRECT EXECUTIVE ROLES

(I) Monitoring the processes of nomination, scrutiny and

withdrawal

(ii) Examination of the video clipping of the nomination

process, making proper investigation on the complaints

received in connection with the process of nomination.

Also to examine the unresolved grievances by the

candidate/political parties about the allotment of symbols

(iii )Effective monitoring of the cases of violation of the

model code of conduct by watching the video clippings of

various meetings and, if needed, even by visiting

important rallies to get first hand input, enforcement of

the defacement of property act,

DIRECT EXECUTIVE ROLES

(iv) Tracking dispatch of postal ballot papers to

the service voters, ensuring the setting up of

the facilitation counters for polling officials,

police and security personnel etc. and

sending specific report in this regard to the

Commission

(v) Checking randomization software, reviewing

the process of randomization of the polling

personnel, obtaining report from the DEO

regarding first level randomization.

(vi) Checking randomization of EVMs,

(vii) Report on status of BMF at polling stations-5 days prior or 3 days after poll.

(viiI) Checking randomization of countingpersonnel

(ix) Suggest DEO/RO in deployment of force onthe poll day based on vulnerability mapping &sensibility analysis.

DIRECT EXECUTIVE ROLES

(x) Examine the Worry List submitted by the candidates ,consider and plan deployment of force accordingly.

(xi) Submit a joint report with DEO on sealing of strong room of polled EVMs.

DIRECT EXECUTIVE ROLES

OTHER BROAD FUNCTIONS

Oversee & report on

• Nominations, Withdrawal, Scrutiny and Symbol allotment

• Roll Related issues

• Election campaign

• Pre-poll election management

• Poll Day management

• Post Poll

• Counting

NOMINATIONS, WITHDRAWAL, SCRUTINY AND SYMBOL ALLOTMENT

• The Observer arrives on the last day of nomination and thus does notobserve the process of nomination. However, he should get the videorecording of the nomination process from the RO and see the recordingsto get an overview of compliance of ECI Instructions and report majorviolations, if any, with specific reference to Commission’s Guidelines forObservers – 2009.

• Observer ensures that the RO is aware of the latest instructions onscrutiny, he has the latest list of disqualified candidates and the latestsymbol order.

• Observes the scrutiny process and report any glaring error to theCommission. Observer should, however, abstain from directing oradvising the RO. Observer may remind RO that the scrutiny proceedingscan be adjourned in case an opportunity is to be provided or if any legalprovision needs to be examined that requires time.

NOMINATIONS, WITHDRAWAL, SCRUTINY AND SYMBOL ALLOTMENT

• Observer ensures that RO is aware of theprovision of issue of reserve symbols and freesymbols. He should have the latest symbolallotment order. Another important aspect tobe kept in mind is the symbol concessionorder issued by Commission.

• After allotment of symbols, the list of finallycontesting candidates should be prepared inForm 7A.

ROLL RELATED ISSUES

• Examining overall quality of PER and reporting glaring mistakes to the Commission

• To ensure that the EPICs prepared during the last days are properly distributed to the electors and are not left with some intermediary.

• ASD list

• Marking of Rolls after publication of last supplement

• Identical copies to political parties/ candidates. Marked copies are to be prepared by the candidates

ELECTION CAMPAIGN

• Monitoring implementation of MCC and measures to prevent occurrence of electoral offenses. Lapses to be brought to the notice of DEO, CEO and report to the Commission. No executive action on the part of the Observer.

• Meeting with candidates to explain the provisions of Model Code of Conduct and the instructions of Commission there under.

• Observe various events like political meets, visits of star campaigners etc.

• Ensure that teams are constituted for enforcement of MCC.

• Monitor dummy candidates and surrogate advertisements.

• Review video recordings of activities of those candidates for whom video trailing has been resorted to.

WATCH ON ELECTION EXPENDITURE

• Obtain the rate list from the DEO.

• Fix dates for reviewing the register maintained by each candidate for accounting of election expenditure and review the register on those dates.

• Review supporting documents.

• Monitor that the Abstract of Election Expenditure is also maintained along with the detailed accounts in the register.

PRE-POLL ELECTION MANAGEMENT

• Monitor preparation of dispatch of postal ballot papers to service voters.

• Supervise the second and third randomizations of polling personnel.

• Supervise the second level randomization of EVMs.

• Monitor training activities, especially with regards to recent instructions of ECI and operations of EVMs.

PRE-POLL ELECTION MANAGEMENT

• Monitor issue of PB to polling personnel and voting with PB.

• Visit Polling Stations and monitor that all polling stations are visited by election officials for verification from fitness angle. Verify that the list of Polling Stations is approved by the Commission.

• Go through the exercise of vulnerability mapping and identification of critical Polling Stations and finalise the list of critical Polling Stations and vulnerable clusters.

• Discuss the District Security Plan with the DEO and the SP and review the law and order issue in general. Review the availability of CPF, SAF and District Police. Review the preventive measures taken.

PRE-POLL ELECTION MANAGEMENT

• Review the Communication Plan and confirm dry runs.

• Training and placement of Micro Observers

• Ensure that proper arrangements for dispatch have been made. The dispatch should normally be the day before the poll and any exception should have prior approval of the Commission.

• Review counting arrangements.

New introductions in the role of Observer

• Report on status of BMF at polling stations-5 days prior and 3 days after poll.

• Examine the ‘Worry List’ submitted by the candidates ,consider and suggest deployment of force accordingly.

• Submit a joint report with DEO on sealing of strong room of polled EVMs.

POLL DAY MANAGEMENT• Monitor placement of Sector Officers and Micro

Observers.

• Monitor conduct of mock polls and receipt of mock poll certificate in prescribed format signed by PO. Review the Polling Stations with no or only one Polling Agent.

• Review the pace of poll and percentage of polling at regular intervals.

• Keep track of occurrence of any special events during the poll day.

• Keep track of any delays or temporary suspension of poll.

POLL DAY MANAGEMENT• Report anything exceptional to the CEO and the Commission.

• Ensure that proper arrangements for receipt of polling staff and polling material are made. Every receiving team should be well equipped with a checklist of items to be received. Ensure that the non-statutory documents are not locked with the EVMs in that strong room.

• Ensure that a “special counter” is setup for receipt of polling parties from those Polling Stations where any special event has been reported and on receipt, proper documentation, along with the statement/report of the Presiding Officer, if required, is done.

POST POLL

• 17A Scrutiny is an important analytical tool to analyze proper conduct of elections and taking re-poll decision. 17A Scrutiny is done for those Polling Stations that fall within the criteria as per Commission’s instructions in the presence of Observer.

• Report to the Commission about the conduct of poll and requirement of re-poll, if any.

COUNTING• Review the arrangements for counting made by the

DEO.

• The randomization of counting staff is done in the presence of Observer.

• Monitor that the counting of postal ballot taken up before the EVMs but the EVM counting is not held up till the competition of postal ballot counting.

• The Observer has to ensure that the results as tabulated by the counting staff and the additional counting staff, drawn form the central government , tally.

COUNTING• Conduct random test for two EVMs in every round

and take corrective action as per the directions of ECI, in case any mistakes are found.

• Ensure that during the counting, round-wise results are announced as and when they are finalized.

• Certify proper completion of counting process and allow RO to declare results, if satisfied with the counting process.

• Report to the Commission for recount to be held, if recount required.

FACILITIES TO BE EXTENDED BY

THE DEO/ RO

Accommodation & Transport

Facilities & Contingent

Expenditure

Other facilities TA/ DA

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ACCOMMODATION & TRANSPORT

• Decent accommodation is to be provided preferably inState Guest house/govt. owned properties.

• Security to be ensured at his place of stay.• PSO to be tagged• Computer ( with an operator/stenographer ) with

internet facility to be provided at his place of stay.• Mobile number to be given.• A kit with essential stationeries' to be provided.• Booklet containing District Election Management Plan (

DEMP ) with map of the constituency• Vehicle to be allotted for exclusive use of the Observer.• Liaison Officer well acquainted with the locality to be

tagged

VIDEOGRAPHER FOR

OBSERVERS

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Observer’s interface with public/candidates

Particulars of Observers , his contact number ,place of stay and schedule of meeting peopleto be publicized in two local newspapers .

Facilities to Observers during counting

– Separate Room/Cubicle with tables and chairs.

– Telephone with STD and fax attached exclusively for use of Observer to communicate in strict confidentiality.

–Number for this telephone to be obtained 15 days before counting date.

Thanks