Q(1). Which authority conducts elections to Rural Local Bodies (Zila Parishad, Panchayat Samiti, Gram Panchayat and Gram Katchahry) and Urban Local Bodies (Nagar Nigam, Nagar Parishad and Nagar Panchayats)?

Ans.Under Article 243K and 243ZA of the Constitution of India, the State Election Commission is vested with powers of superintendence, direction and control of the preparation of Electoral Rolls for, and the conduct of, all elections to the Rural Local Bodies (RLBs) and Urban Local Bodies (ULBs). Similar provision has been made in consonance with the provision of Article 243 K and 243 ZA under Section 123 of Bihar Panchayat Raj Act, 2006 and 14A of the Bihar Municipal Corporation Act, 2007.

Q(2). What is the present composition of the State Election Commission?

Ans.The State Election Commission is a Single-Member-Body consisting only of the State Election Commissioner.

Q(3). Who appoints the State Election Commissioner? What are the qualifications, tenure and service conditions of the State Election Commissioner?

Ans. The Governor of the State appoints the State Election Commissioner in exercise of the powers conferred on him under Art. 243K of the Constitution. In pursuance of the provisions contained in clause (2) of Article 243K , the State Govt. has prescribed the conditions of service and tenure of the office of the State Election Commissioner in "The State Election Commissioner Appointment conditions of service, Rules, 1998 and 2000 which are in consonance with the provisions contained in clause (2) of Article 243K . It states that the State Election Commissioner shall be appointed by the Governor of the State. The qualification for the State Election Commissioner has been prescribed as that of a person who on the date of appointment or date of retirement has hold or is holding a post in the rank of Additional secretary or higher rank in the Central Govt. or equivalent post in the State Government. The tenure of the State Election Commissioner has been prescribed as Five years from the date he assumes office subject to that where the State Election Commissioner attains the age of Sixty Six years before the expiry of the said Five years, he shall vacate his office on the date on which he attains the said age. A person, who on the date of his appointment as State Election Commissioner was in the service of Government, shall have to resign or take retirement from the service to which he belonged. The State Election Commissioner is entitled to the same salary and allowances which were admissible to him at the time of retirement prior to his appointment as State Election Commissioner subject to the condition that his salary in respect of service as the State Election Commission shall be reduced by (a) by the amount of present pension (b) by the amount of the commuted value in respect of previous if he had, before assuming office, received in lieu of the portion of the pension due to him. The State Election Commissioner shall be entitled to travelling allowance, rent free and furnished accommodation, conveyance facilities, medical facilities, leave and such other conditions of service as are for the time being, applicable to an officer of Indian Administrative Services in the same or equivalent scale of pay. The Governor of the State is vested with the power to grant leave to the State Election Commissioner and make working arrangements in case of absence of the State Election Commissioner due to leave or some other cause. The State Election Commissioner is entitled to an extra monthly pension of rupees four hundred and fifty for each complete year of service in addition to the pension from the State Govt. The State Election Commissioner has been delegated all the financial powers available to an administrative secretary to the Govt. vide order issued under memo no. 3271 dated 21.10.95. But instructions relating to ban on purchase of vehicles, recruitment and other such instructions for the government departments are made applicable to the State Election Commission also. The State Election Commissioner shall not be removed from his office except in like manner and on the like grounds as a judge of the High Court.

Q(4). Who appoints the District Election Officers (Panchayat) ?

Ans. Under Section 125 of the Bihar Panchayat Raj Act, 2006 the State Election Commission designates or nominates the District Magistrate as the District Election Officer (Panchayat) for each district. The District Election Officer coordinates and supervises all works relating to conduct of elections within his jurisdiction subject to the direction, control and superintendence of the Commission. The District Election Officer (Panchayat) may appoint one or more Deputy District Election Officer (Panchayat) for his assistance with the approval of the State Election Commission.

Q(5). Who appoints the Returning Officers/Assistant Returning Officer (Panchayat)?

Ans . Under section 125(3) and 125(4) of the Bihar Panchayat Raj Act, 2006 the District Election Officer (Panchayat) on being authorized by the State Election Commission appoints Returning Officer (Panchayat) who shall not be below the rank of Block Development Officer/Circle Officer/Deputy Collector. To assist the Returning Officer (Panchayat) in the discharge of his function, the District Election Officer (Panchayat) with approval or authority of the Commission appoints one or more Assistant Returning Officer (Panchayat), who shall be an Officer of the State Government.

Q(6). Who appoints the Presiding & Polling Officers?

Ans. Under Section 125(5) of Bihar Panchayat Raj Act, 2006, the District Election Officer (Panchayat) appoints a Presiding Officer and such number of polling officer or officers as he may deem necessary for the assistance of the Presiding Officer, for each polling station.

Q(7). Who can appoint Election Observers?

Ans. The State Election Commission appoints election observers and assigns them specific responsibilities for supervision of the poll-process in exercise of the plenary powers vested in him under Article 243K of the Constitution, and under section 128 of the Bihar Panchayat Raj Act, 2006.

Q(8). How are the Members of Gram Panchayats, Panch of a Gram Kutchahry, members of Panchayat Samiti and Members of Zila Parishad elected?

Ans. The Members of Gram Panchayats, Panch of Gram Kutchahry, Members of Panchayat Samiti and Zila Parishad are elected directly by the electorates of the respective territorial constituencies through universal adult franchise.

Q(9). How are the Mukhiya and Up-Mukhiya of a Gram Panchayat, Surpanch and Up-Surpanch of Gram Kutchahry, Pramukh and Up-Pramukh of Panchayat Samiti and Adhayaksha and Up-Adhayaksha of Zila Parishad Elected?

Ans. Mukhiya of a Gram Panchayat/Sarpanch of Gram Kutchahry is directly elected by the voters enrolled in the voter’s list of the concerned Gram Panchayat. The Up-Mukhiya/Up-Sarpanch is elected by the elected members of Gram Panchayat/Panches of Gram Kutchahry from amongst themselves at the first meeting of the Gram Panchayat/Gram Kutchahry after a general election.

Q(10). Who is responsible for preparation of Electoral Rolls for direct elections to PRIs? How is such Electoral Roll prepared?

Ans. The electoral roll for direct election to Panchayat Institutions is prepared by the District Election Officer (Panchayat) under the direction, control and supervision of the State Election Commission. Such electoral rolls are prepared Gram Panchayat Ward-wise and Panchayat Samiti and Zila Parishad territorial Constituency-wise by splitting the electoral roll of the Assembly Constituency for the time being in force related to the area comprised within the Gram Panchayat/ Samiti/ Parishad territorial Constituency

Q(11). Who is responsible for delimitation of wards (territorial constituencies) for Constitution of Gram Panchayat? How is such delimitation carried out?

Ans. The District Magistrate is responsible under rule 3 of Bihar Panchayat Elections Rules, 2006 to determine the number of territorial constituencies into which the Gram Panchayat is to be divided and the extent of each such territorial constituency under the superintendence, direction and control of the State Election Commission. Territorial Constituencies of the Gram Panchayat will be constituted in such a way that all the territorial constituencies are covered under the area of the Gram Panchayat concerned. The delimitation is carried out on the basis of decennial population census figures. Every territorial constituency of the Gram Panchayat will have the population of 500 or so far may be, nearer to that.

Q(12). Who is responsible for delimitation of Samiti Constituency for constitution of Panchayat Samiti? How is such delimitation carried out?

Ans. The District Magistrate is responsible under rule 3 of Bihar Panchayat Elections Rules, 2006 to determine the number of territorial constituencies into which the Panchayat Samiti is to be divided and the extent of each such territorial constituency under the superintendence, direction and control of the State Election Commission. The territorial constituency of the Panchayat Samiti will be constituted in such a way that: All the territorial constituencies of the Panchayat Samiti are covered under the area of the Panchayat Samiti concerned; Each of the territorial constituency of the Panchayat Samiti is covered under the specified Gram Panchayat area; and No territorial constituency of a Gram Panchayat is split due to the constitution of the territorial constituencies of the Panchayat Samiti in any case. The delimitation is carried out on the basis of decennial population census figures. The area of Panchayat Samiti is divided into territorial constituencies in such a manner that every territorial constituency of the Panchayat Samiti will have the population of 5,000 or so far may be, nearer to that.

Q(13). Who is responsible for delimitation of Parishad Constituency for constitution of Zila Parishad? How is such delimitation carried out?

Ans. The District Magistrate is responsible under rule 3 of Bihar Panchayat Elections Rules, 2006 to determine the number of territorial constituencies into which the Zila Parishad is to be divided and the extent of each such territorial constituencies under the superintendence, direction and control of the State Election Commission. The territorial constituencies of the Zila Parishad will be constituted in such a way that: All the territorial constituencies of the Zila Parishad are covered under the area of Zila Parishad concerned; Each of the territorial constituency of the Zila Parishad is covered under the specified Zila Parishad; and No territorial constituency of the Panchayat Samiti is split due to the constitution of territorial constituencies of the Zila Parishad in any case. The delimitation is carried out on the basis of decennial population census figures. The area of the Zila Parishad is divided into territorial constituencies in such a manner that every constituency as far as practicable as a population of 50,000 or so far may be, nearer to that. It should not extend beyond the territorial limits of the Block.