JUDGEMENT Mihir Kumar Jha, J. 1. The petitioner claiming to be a social worker and taking part in social work and debates as also lawyer by profession, has made prayer for the following reliefs: "That this writ petition is filed to declare Sections 13A, 13AA and 13C of Part 11A in the Representation of People Act, 1950 and Section 21 of the Representation of the People Act, 1951 ultra vires of the provisions of Articles 103 and 324(4) of the Constitution of India and/or to direct the respondents to delete the words "who shall be such Officer of Government as the Election Commission may be in consultation with that Govt, designate or nominate in this behalf" occurring in Section 13A and the words "the Election Commission shall, in consultation with the Govt, of the State, designate or nominate and who shall be an Officer of Govt." occurring in Section 13AA of the said part of the Act and such words used elsewhere in the Act and in Section 21 of the Representation of the People Act, 1951." 2. Shri Ram Kumar Jha, the petitioner appearing in person while explaining the aforesaid relief has contended that under the scheme of the Constitution of India the conduct of elections for the Parliament and State Assemblies under Articie 324 of the Constitution has been vested in an independent body, namely, Election Commission and, therefore, any provision made in the Representation of People Act, 1950, hereinafter referred to as "1950 Act" and the Representation of People Act, 1951 , hereinafter referred to as "1951 Act" corroding such power of Election Commission has to be held ultra vires Article 324 of the Constitution of India. In this regard he has further contended that Sections 13A, 13AA and 13C of 1950 Act as also Section 21 of the 1951 Act are ultra vires both Articles 103 and 324 of the Constitution of India, inasmuch as the aforesaid provisions made in 1950 Act tend to take away the independence and authority of the Election Commission. He has sought to elucidate this aspect by advancing his submission that provisions usually vitiate the election process leading to even their being countermanaed on account of collusive role played by the Returning Officer, the District Election Officer and Assistant Election Officer in course of election. He has sought to elucidate this aspect by advancing his submission that provisions usually vitiate the election process leading to even their being countermanaed on account of collusive role played by the Returning Officer, the District Election Officer and Assistant Election Officer in course of election. He has, therefore, submitted that this Court should strike down such provisions under Sections 13A, 13AA and 13C of the 1950 Act and Section 21 of the 1951 Act by holding it to be ultra vires Articles 103 and 324 of the Constitution of India. 3. The respondents have been represented by Assistant Solicitor General and Mr. Lalit Kishore, Additional Advocate General No. 3 and they have taken a plea that the prayer of the writ petitioner is not only misconceived but based on complete misappreciation of the scheme under the Constitution as with regard to power of Election Commission vis-a-vis provisions made for employing personnel for completing the various facets of election under 1950 and 1951 Act. In this regard it has been contended that the Constitution itself under Article 327, confers power of Parliament to make provision by legislation with respect to elections to legislatures and thus both 1950 and 1951 Act are only the offspring of such power of Parliament under Article 327 of the Constitution. The learned Assistant Solicitor General has additionally submitted that the Election Commission has not left the matter unsettled as with regard to the personnel on the election machinery as envisaged under 1950 Act and 1951 Act and in fact it has kept on consistently monitoring the same by issuing guidelines as with regard to the power and function of the Election Officer, District Returning Officer and Assistant Election Officer. 4. In the light of the aforementioned submission this Court has to only decide as to whether Sections 13A, 13AA and 13C of the 1950 Act and Section 21 of 1951 Act are in any in contravention to the provisions made under Articles 103 and 324 of the Constitution of India. It has to keep in mind that this 1950 Act has been enacted for providing allocation of seats and delimitation of constituency for the purpose of election for the house of the people and the legislature of the State, the qualification of voters as such election the preparation of the electoral roll. The said Act is in five parts. It has to keep in mind that this 1950 Act has been enacted for providing allocation of seats and delimitation of constituency for the purpose of election for the house of the people and the legislature of the State, the qualification of voters as such election the preparation of the electoral roll. The said Act is in five parts. Part-I contains the preliminary clause including dictionary. Part-ll deals with allocation of seats and delimitation of constituencies, whereas as Part-IIA deals with the Officers and Part-IIB deals with the electoral rolls for parliamentary constituencies. In the like manner Part-III deals with the electorl rolls for assembly constituencies and Part-IV contains provision of electoral rolls for council constituencies. Finally Part- IVA lays down the manner of filling seats in the council of States to be filled by representatives of union territories and Part-V contains general provision. 5. Thus, in the aforesaid scheme of the 1950 Act its Sections 13A, 13AA and 13C under Part-IIA relating to the officers only aim to secure the aims and object of 1950 Act inasmuch as Section 13A reads, inter alia: " 13A. Chief Electoral Officers. (1) There shall be for each State a Chief Electoral Officer who shall be such officer of Government as the Election Commission may, in consultation with that Government, designate or nominate in this behalf. (2) Subject to the superintendence, direction and control of the Election Commission, the Chief Electoral Officer shall supervise the preparation, revision and correction of all electoral rolls in the State under this Act." Similarly Section 13AA laye down the provision of District Election Officers in the following manner: "13AA. District Election Officers. (1) For each district in a State, the Election Commission shall, in consultation with the Government of the State, designate or nominate a District Election Officer who shall be an officer of Government: Provided that the Election Commission may designate or nominate more than one such officer for a district if the Election Commission is satisfied that the functions of the office cannot be performed satisfactorily by one officer. (2) Where more than one District Election Officer are designated or nominated for a district under the proviso to sub-section (1), the Election Commission shall in the order designating or nominating the District Election Officers also specify the area in respect of which each such officer shall exercise jurisdiction. (2) Where more than one District Election Officer are designated or nominated for a district under the proviso to sub-section (1), the Election Commission shall in the order designating or nominating the District Election Officers also specify the area in respect of which each such officer shall exercise jurisdiction. (3) Subject to the superintendence, direction and control of the Chief Electoral Officer, the District Election officer shall co-ordinate and supervise all work in the district or in the area within his jurisdiction in connection with the preparation and revision of the electoral rolls for all Parliamentary, Assembly and Council constituencies within the district. (4) The District Election Officer shall also perform such other functions as may be entrusted to him by the Election Commission and the Chief Electoral Officer." Likewise Section 13C provides for Assistant Electoral Registration Officers in the following manner: "13C. Assistant Electoral Registration Officers. (1) The Election Commission may appoint one or more persons as assistant Electoral Registration Officers to assist any Electoral Registration Officer in the performance of his functions. (2) Every Assistant Electoral Registration Officer shall, subject to the control of the Electoral Registration Officer, be competent to perform all or any of the functions of the Electoral Registration Officer." We have quoted the aforementioned provision in extenso because they are said to be ultra vires Articles 103 and 324(4) of the Constitution of India but before we embark upon to do so it would be also useful to take into account the provision of Section 13B of 1950 Act which has to be read together for understanding and defining the scope of Section 13C of 1950 Act. Section 13B, in fact, provides for Electoral Registration Officers in the following manner: "13B. (1) The electoral roll [for each Parliamentaey constituency in the State of Jammu and Kashmir or in a Union Territory not having a Legislative Assembly], each Assembly constituency and each Council constituency] shall be such officer of Government or of a local authority as the Election Commission may, in consultation with the Government of the State in which the constituency is situated, designate or nominate in this behalf. (2) An Electoral Registration officer may, subject to any prescribed restric- tions, employ such persons as he thinks fit for the preparation and revision of the electoral roll for the constituency.]" 6. (2) An Electoral Registration officer may, subject to any prescribed restric- tions, employ such persons as he thinks fit for the preparation and revision of the electoral roll for the constituency.]" 6. Now if the provisions made in Sections 13A, 13AA, 13B, 13C of the 1950 Act read together they only provide under, Part-IIA of 1950 Act, the Officers who have to supervise the preparation, revision and correction of all electoral rolls in the State under this Act. The common redeeming feature of all these provisions under Sections 13A, 13AA, 13B and 13C of 1950 Act is that all such officers have to be appointed by the Election Commission in consultation with the Government and they are assigned the work of supervision of preparation and correction of electoral roll is also under direct superintendence and control of the Election Commission. Any doubt or apprehension of such officers, namely, Chief Electoral Officers, District Election Officer, Electoral Registration Officers and Assistant Electoral Registration Officers of being under the influence of the State Government is also ruled due to the provision made in Section 13CC of 1950 Act which in no unequivocal terms lays down that they would be deemed to be on deputation to Election Commission. Section 13CC therefore, being significant for deciding the issue needs to be also quoted hereinbelow: "13CC. Chief Electoral Officers, District Election Officers, etc. deemed to be on deputation to Election Commission. The officers referred to in this Part and any other officer or staff employed in connection with the preparation, revision and correction of the electoral rolls for, and the conduct of, all elections shall be deemed to be on deputation to the Election Commission for the period during which they are so employed and such officers and staff shall, during that period, be subject to the control, superintendence and discipline of the Election Commission." Thus the moment this Court would find that either appointment or control on the officers under 1950 Act is completely vested in the Election Commission, there would be little difficulty in rejecting the submission of the petitioner appearing in person as with regard to these provision being in teeth of either under Article 103 or Article 324(4) of the Constitution of India. 7. 7. Article 103 of the Constitution in fact only lays down the provision on the subject of the decision on the questions as to disqualifications of members and has to be invariably understood in the context of Article 102 of the Constitution of India inasmuch as it is under Article 102 of the Constitution that disqualification for membership of either House of the Parliament has been provided. Article 102 of the Constitution of India is read as follows: "102. Disqualifications for membership. (1) A person shall be disqualified for being chosen as, and for being, a member of either House of Parliament (a) if he holds any office of profit under the Government of India or the Government of any State, other than an office declared by Parliament by law not to disqualify its holder; (b) if he is of unsound mind and stands so declared by a competent court; (c) if he is an undischarged insolvent; (d) if he is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State, or is under any acknowledgement or allegiance or adherence to a foreign State; (c) if he is so disqualified by or under any law made by Parliament. [Explanation.For the purpose of this clause] a person shall not be deemed to hold an office of profit under the Government of India or the Government of any State by reason only that he is a Minister either for the Union or for such State. [(2) A person shall be disqualified for being a member of either House of Parliament if he is so disqualified under the Tenth Schedule.]" 8. The mechanism for taking decision on question as to disqualification of Member of Parliament has been provided under Article 103 of the Constitution and that only refers to the power of President of Indian in taking such decision on the question where a member of either house of Parliament has become subject to any of the disqualifications mentioned in clause (1) of Article 102, for its having referred for the decision of the President and his such decision to be taken only after making reference to and upon obtaining the opinion of Election Commission. The combined reading of Articles 102 and 103 of the Constitution therefore would make it clear that they vest Election Commission with a determining conclusive role and a final authority in the matter of disqualification of the members of the either house of the Parliament. One fails to understand as to how the provision of Sections 13A, 13AA and 13C of 1950 Act can be said to in teeth of Article 103 of the Constitution of India so as to declare the aforesaid provisions of 1950 Act as ultra vires. This part of submission of the petitioner therefore, must fail inasmuch as either in the provision under Article 103 or under the provision of Sections 13A, 13AA and 13CC, the dominance of Election Commission remains all pervasive and unaffected in any manner. 9. That next question would be as to whether the provision of Sections 13A, 13AA and 13C run counter to the scheme of Article 324(4) of the Constitution of India so as to hold them ultra vires. In order to appreciate this aspect of the matter one need to look the provision under Article 324 of the Constitution of India as a whole in order to appreciate the significance of Article 324(4) of the Constitution. Article 324 of the Constitution reads as follows: "324. Superintendence, direction and control of elections to be vested in an Election Commission. (1) The superintendence, direction and control of the preparation of the electoral rolls for, and the conduct of, all elections to Parliament and to the Legislature of every State and of elections to the offices of President and Vice-President held under this Constitution shall be vested in a Commission (referred to in this Constitution as the Election Commission). (2) The Election Commission shall consist of the Chief Election Commissioner and such number of other Election Commissioners, if any, as the President may from time to time fix and the appointment of the Chief Election Commissioner and other Election Commissioners shall, subject to the provisions of any law made in that behalf by Parliament, be made by the President. (3) When any other Election Commission is so appointed the Chief Election Commissioner shall act as the Chairman of the Election Commission. (3) When any other Election Commission is so appointed the Chief Election Commissioner shall act as the Chairman of the Election Commission. (4) Before each general election to the House of the People and to the Legislative Assembly of each State, and before the first general election and thereafter before each biennial election to the Legislative Council of each State having such Council, the President may also appoint after consultation with the Election Commission such Regional Commissioners as he may consider necessary to assist the Election Commission in the performance of the functions conferred on the commission by clause (1). (5) Subject to the provisions of any law made by Parliament, the conditions of service and tenure of office of the Election Commissioners and the Regional Commissioner shall be such as the President may by rule determine: Provided that the Chief Election Commissioner shall not be removed from his office except in like manner and on the like grounds as Judge of the Supreme Court and the conditions of service of the Chief Election Commissioner shall not be varied to his disadvantage after his appointment: Provided further that any other Election Commissioner or a Regional Commissioner shall not be removed from office except on the recommendation of the Chief Election Commissioner. (6) The President, or the Governor of a State, shall, when so requested by the Election Commission, make available to the Election Commission or to a Regional Commissioner such staff as may be necessary for the discharge of the functions conferred on the Election Commission by clause (1)." 10. It has to be noted that the Constitution of India under Articles 324 to 329 has specifically addressed to the issue of election and in order to ensure free and fair election the concept of Election Commission has been envisaged therein. That is why this Court has noted the provision of Article 324 of the Constitution the power vested in Election Commission as with regard to superintendence, direction and control of the election. Article 325 provides that there shall be one general electoral roll for every territorial constituency for election to either House of Parliament or to the House or either House of the Legislature or a State wherein no person shall be ineligible for inclusion in any such roll for any constituency on the grounds of only of religion, race, caste, sex or any of them. Article 326 envisages elections to the House of the People and to the Legislative Assembly of every State to be based on adult suffrage. In order to ensure such election Article 327 of the Constitution vests power in Parliament to make provision with respect to elections to Legislatures and similarly Article 328 vests power of Legislature of a State to make provision with respect to elections to such Legislature. Article 329 of the Constitution bars to interference by courts in electoral matters. 11. In the scheme of the things, the enactment of 1950 and 1951 Acts have to be necessarily within the scope of Article 327 of the Constitution. The question would, thus, arise as to whether the mechanism of preparation electoral roll or holding of elections envisaged under 1950 or 1951 Act framed within the framework of Article 327 can be held to be ultra vires, Article 324(4) of the Constitution. In the considered opinion the answer will invariably be in negative inasmuch as the real purport and intent of Article 324(1) of the Constitution of India, is to vest power of superintendence, direction and control of the preparation of the electoral rolls for, and the conduct of, all elections to Parliament and to the Legislature of every State and of elections to the offices of President and Vice-President to the Election Commission. How the Election Commission would be constituted has been explained under Article 324(2) of the Constitution and Article 324(3) of the Constitution provides for appointment of the Chief Election Commissioner as a Chairman of the Election Commission. Thus, a bare reading of Article 324(4) of the Constitution would make it clear that the President has been vested power to appoint Regional Commissioners if found necessary to assist the Election Commission in the performance of the functions conferred on the commission by clause (1). Such power of the President for appointment of the Regional Commissioner has not to be confused with appointment of Chief Electoral Officers, District Election Officer, Electoral Registration Officers and Assistant Electoral Registration Officers under 1950 Act inasmuch as under the said Act a complete mechanism has been provided for preparation of electoral roll and the officers who have to complete such duty in preparation of electoral roll under the direct control, superintendence, discipline and supervision of Election Commission as envisaged in Section 13CC of 1950 Act. 12. Mr. 12. Mr. Jha has however also referred to the provisions made in Article 324(6) of the Act to contend that the staff to the Election Commission has to be made available either by the President or the Governor of the State for discharging of all the functions of superintendence, direction and control of election in the Election Commission and, therefore, the provision made in Section 13A, 13AA and Section 13C laying down the provision for appointment of officers by way of Chief Electoral Officers, District Election Officers, Electoral Registration Officers and Assistant Electoral Registration Officers would offend the provision of Article 324(6) of the Constitution. Here also the submission of Mr. Jha has to be noted for being rejected inasmuch as the word "staff" used in Article 324(6) of the Constitution is plainly referable to the functioning of the Election Commission, including the Chief Election Commissioner and other Election Commissioners or the Regional Commissioners of the Election Commission. It is actually for them that the staff has to be provided either by the President or by the Governor of the State where the Regional Commissioners are posted. These staff in relation to the specified jobs cannot be compared with the officers having statutory role assigned to Returning Officer, District Election Officer, Electoral Registration Officer and Assistant Electoral Registration Officers. Moreover be it staff of the Election Commissioner* or the officer under 13A, 13AA and 13C of the Act, they are to be appointed under the authority and in consultation with the Election Commission and that is how Section 13CC of the Act makes them directly answerable by deeming them to be deputed to the Election Commission vesting control, superintendent and discipline over them. 13. Thus, in our considered opinion none of the provisions under Section 13A, 13AA and 13C also in any way can be said contrary to the provision of Article 324 of the Constitution of India. This Court, there fore also must reject the first part of the challenge of the petitioner to the aforementioned provision of Sections 13A, 13AA and 13C of the 1950 Act. 14. This Court, there fore also must reject the first part of the challenge of the petitioner to the aforementioned provision of Sections 13A, 13AA and 13C of the 1950 Act. 14. Having held so there would be a little scope for this Court to re-analyze the provision of 1951 Act which as noted above, has been enacted for making provision the conduct of the elections to the Houses of Parliament and/or to the House or Houses of the Legislature of each State, the qualifications and disqualifications for membership of those Houses, the corrupt practices and other offences at or in connection with such elections and the decision of doubts and disputes arising out of or in connection with such elections. Here also as per the scheme of 1951 Act, which is in 10 parts, Part-IV thereof deals with Administrative machinery for the conduct of elections. Section 20 lays down general duties of Chief Election Commissioner who has to remain under the superintendence, direction and control of the Election Commission in supervising the conduct of all elections in the State under 1951 Act. Section 20A similarly lays down that District Election Officer shall also co-ordinate and supervise all work in the district or in the area within his jurisdiction in connection with the conduct of all elections to Parliament and the Legislature of the State under the superintendence, direction and control of the Chief Electoral Officer and would perform such other functions as may be entrusted to him by the Election Commission and the Chief electoral officer. It is in this background that the Parliament having made provisions under Section 20B for observers 1951 Act to be nominated by the Election Commissioner as made provisions for Returning Officer under Section 21 of the 1951 Act, which is said to be, in view of the petitioner, ultra vires under Article 324 of the Constitution. Thus, in order to appreciate the submission of the petitioner it is also necessary to quote the provisions of Section 21 of the Act which reads as follows: "21. Thus, in order to appreciate the submission of the petitioner it is also necessary to quote the provisions of Section 21 of the Act which reads as follows: "21. Returning Officers.For every constituency, for every election to fill a seat or seats in the Council of States and for every election by the members of the Legislative Assembly of a State to fill a seat or seats in the Legislative Council of the State, the Election Commission shall, in consultation with the Government of the State, designate or nominate a Returning Officer who shall be [an officer of Government or of a local authority]: Provided that nothing in this section shall prevent the Election Commission from designating or nominating the same person to be the Returning Officer for more than one constituency." 15. As would be apparent from the reading of the aforesaid provisions such as Returning Officer has to be denominated or nominated by the Election Commission in consultation with the Governor of the State and has to be necessarily either officer of the Government or of a local authority. The proviso to Section 21 of 1951 Act makes it further obligatory that such power of the Election Commissioner which alone can designate and nominate the same person as Returning Officer for more than one constituency. 16. The further submission of Mr. Jha is that since in the appointment of Returning Officer the Government of State has also been given a role, that by itself would be counter productive or would run contrary to the scheme of Article 324(4) of the Constitution has only to be noted for being rejected. In federal structure of the Constitution the States play a pivotal role of the Union of India where people are represented either in the Parliament or in the State Legislature have been given that much of assigned role under 1951 Act for nomination/ designation of an officer of the Government or local authority for being made Returning Officer only by the Election Commission only. The dominance and control of Election Commission, therefore, in no way gets weakened much less subordinated merely by making consultation with the Government of State. The apprehension of Mr. The dominance and control of Election Commission, therefore, in no way gets weakened much less subordinated merely by making consultation with the Government of State. The apprehension of Mr. Jha is that Government of State may include names of any tainted officers for their being nominated/designated as Returning Officer with an object to disturb free and fair election by the Election Commission again seems to be oblivious of the dominant role of the Election Commission. In any event a mere apprehension of abuse of a statutory enactment cannot be a ground for holding the same ultra vires. Reference in this connection may be made to the judgment of Apex Court in the case of Govt. of A.P. V/s. P. Laxmi Devi reported in (2008)4 S.C.C. 720 . 17. At this stage it would be also necessary to take into account that not only both under the 1950 and 1951 Act there are penal provisions for any of the officers misusing the power vested in them but also of its being consistently monitored by the Election Commission by issuance of instruction and guidelines from time to time. Thus, it would be found that under Section 32 of 1950 Act it has been provided, inter alia: "32. Breach of official duty in connection with the preparation, etc. of electoral rolls. (1) If any Electoral Registration Officer, Assistant Electoral Registration Officer or other person required by or under this Act to perform any official duty in connection with the preparation, revision or correction of an electoral roll or the inclusion or exclusion of any entry in or from that roll, is without reasonable cause, guilty of any act or omission in breach of such official duty, he shall be punishable [with imprisonment for a term which shall not be less than three months but which may extent to two years and with fine.] (2) No suit or other legal proceeding shall lie against any such officer or other person for damages in respect of any such act or omission as aforesaid. (3) No court shall take cognizance of any offence punishable under sub-section (1) unless there is a complaint made by order of, or under authority from, the Election Commission or the Chief Electoral Officer of the State concerned.]" 18. (3) No court shall take cognizance of any offence punishable under sub-section (1) unless there is a complaint made by order of, or under authority from, the Election Commission or the Chief Electoral Officer of the State concerned.]" 18. In view of Section 32 of 1950 Act the apprehension of petitioner appearing in person that the officers performing the duties and function under 1950 Act without any control of Election Commission gets automatically ruled out. In other words not only the Election Commission under Section 13CC of 1950 Act has the control, superintendence and discipline over the Chief Electoral Officers, District Election Officer, Electoral Registration Officers and Assistant Electoral Registration Officers but it has also under Section 32(3) a power to file a complaint for breach of official duty in connection with preparation of electoral roll by the Electoral Registration Office or other persons required by rule or Act to perform any official duty in connection with that preparation and electoral roll which may lead to prosecution and punishment of imprisonment upto two years with fine. 19. Again under Section 134 of 1951 Act there is a similar penal provision for breach of official duty in connection with conduct of elections which reads as follows: "134. Breaches of official duty in connection with elections. (1) If any person to whom this section applies is without reasonable cause guilty of any act or omission in breach of his official duty, he shall be punishable with fine which may extend to five hundred rupees. (2) No suit or other legal proceedings shall lie against any such person for damages in respect of any such act or omission as aforesaid. (3) The persons to whom this section applies are the District Election Officers, Returning Officers, Assistant Returning Officers, Presiding Officers, Polling officers, and any other person appointed perform any duty in connection with the receipt of nominations of withdrawal of candidatures, or the recording or counting of votes at an election; and the expression official duty shall for the purposes of this section be construed accordingly, but shall not include duties imposed otherwise than by or under the Act. 20. Moreover, if such officers also indulge in any other electoral offence he also becomes liable for being prosecuted in terms of Section 136 of 1951 Act which reads as follows: "136. Other offences and penalties therefore. 20. Moreover, if such officers also indulge in any other electoral offence he also becomes liable for being prosecuted in terms of Section 136 of 1951 Act which reads as follows: "136. Other offences and penalties therefore. (1) A person shall be guilty of an electoral offence if at any election he (a) fraudulently defaces or fraudulently destroys any nomination; or (b) fraudulently defaces, destroys or removes any list, notice or other document affixed by or under the authority or a Returning Officers; or (c) fraudulently defaces or fraudulently destroys any ballot paper or the official mark on any ballot paper or any declaration of identity or official envelope used in connection with voting by postal ballot; or (d) without due authority supplies any ballot paper to any person receives any ballot paper from any person or is in possession of any ballot paper]; or (e) fraudulently puts into any ballot box anything other than the ballot paper which he is authorized by law to put in; or (f) without due authority destroys, takes, opens or otherwise interferes with any ballot box or ballot papers then in use for the purposes of the election; or (g) fraudulent or without due authority, as the case may be, attempts to do any of the foregoing acts or wilfully aids or abets the doing of any such acts. (2) Any person guilty of an electoral offence under this section shall (a) if he is a Returning Officer or any Assistant Returning Officer or a Presiding Officer at a polling station or any other officer or clerk employed on official duty in connection with the election, by punishable with imprisonment for a term which may extend to two years or with fine or with both; (b) if he is any other person, be punishable with imprisonment for a term which may extend to six months or with fine or with both. (3) For the purposes of this section, a person shall be deemed to be on official duty if his duty is to take part in the conduct of an election or part of an election including the counting of votes or to be responsible after an election for the used ballot papers and other documents in connection with such election, but the expression "official duty" shall not include any duty imposed otherwise than by or under this Act." 21. Thus, it cannot be said either 1950 Act or 1951 Act the Election Commission ceases to have control over the officers appointed under 1950 or 1951 Act whose provisions have been assailed by the petitioner to be ultra vires Article 324 of the Constitution. 22. Apart from the aforementioned provisions in the Act this Court can also take judicial notice of the orders issued by the Election Commission for conduct of free and fair elections wherein the Election Commission from time to time has defined the role of the Chief Electoral Officer and other officer and staff employed in connection with fair conduct of the election including the police officer as also in the matter of appointment Returning Officer and Assistant Returning Officer. There are number of such instructions as can be found in Bahris Manual of Election Laws containing orders of Election Commission of India and one of them dated 13th January, 1994 is only being rightly referred to show as to how the Election Commission in exercise of powers under Article 324 of the Constitution has kept consistent watch by way of superintendence, control and discipline over the officers under 1950 and 1951 Act. For ready reference the order No. 508/94-PS-l, dated 13th January, 1994 is on the subject of criteria for appointment of District Election Officer, Returning Officer, Electoral Registration Officer, Assistant Returning Officer and Assistant Electoral Registration Officer is reproduced herein-below: "Subject: Criteria for appointment of District Election Officer, Returning Officer, Electoral Registration Officer, Assistant Returning Officer and Assistant Electoral Registration Officer. I am directed to invite your attention to the Commissions circular letter No. 508/93-PS-l, dated 11th June, 1993 forwarding the objective criteria formulated by the Commission for appointment of District Election Officers, Returning Officers, Electoral Registration Officers, Assistant Returning Officers and Assistant Electoral Registration Officers. 2. Some of the Chief Electoral Officers had pointed out certain difficulties in adhering to the said objective criteria in toto while making recommendations for appointment of District Election Officers, Returning Officers, Electoral Registration Officers, Assistant Returning Officers and Assistant Electoral Registration Officers. 3. The Commission after carefully considering the matter has since revised the criteria, a copy of which is sent herewith. 4. 3. The Commission after carefully considering the matter has since revised the criteria, a copy of which is sent herewith. 4. You are requested to undertake a review of the existing notifications regarding appointment of the said officers in the light of the present criteria and submit, wherever necessary, fresh proposals to the Commission within 2 (two) months i.e. latest by 15th March, 1994, after adopting the prescribed procedure under law. 5. Kindly aknowledge the receipt of the letter before 21st January, 1994, positively. Criteria for appointment of District Election Officer/Returning Officer/ Electoral Registration Officer/Assistant Returning Officer/Assistant Electoral Registration Officer 1. District Election Officer (a) The District Magistrate/Deputy Commissioner/District Collector/District Officer of the district (by whatever designation known in each State), shall, subject to the provision of sub-para be designated as District Election Officer and no one lower in rank should be designated as the District Election Officer. (b) There shall be a separate District Election Officer for each district and no officer should be designated as District Election Officer for more than one district. (c) Because of the difficult terrain or other justifiable reasons, if the Commission is satisfied that the functions of the office in respect of the whole district cannot be performed satisfactorily by one officer, the Commission may, in terms of proviso to Section 13AA(i) of the Representation of the People Act, 1950, designate more than one District Election Officer for a district. In such cases the District Magistrate/Deputy Commisioner/District Collector/District Officer of the District shall be designated as the District Election Officer for that part of the district which covers his headquarter and another officer of the district level who is next only to the District Magistrate/Deputy Commissioner/ District Collector/District Officer in the level of seniority and enjoying civil, criminal and revenue powers not less than those of the District Magistrate/Deputy Commissioner/District Collector/District Officer shall be designated as the District Election Officer for the remaining part of the district covering his headquarter. However, while designating more than one District Election Officer, no Assembly Constituency shall be split among more than one District Election Officer. All such officers should be appointed by designation and should be drawn from the general administration (including Revenue and Land Administration) Departments. However, while designating more than one District Election Officer, no Assembly Constituency shall be split among more than one District Election Officer. All such officers should be appointed by designation and should be drawn from the general administration (including Revenue and Land Administration) Departments. The intention behind drawing officers from general administrative services/Revenue and Land Administration is to ensure that such officers have, by their training and background, experience of work similar in nature to the conduct of elections and other election-related matters. There will be no exceptions. 2. Returning Officer for a parliamentary constituency (a) The District Magistrate/Deputy Commissioner/District Collector/District Officer alone shall, subject to the provisions of sub-para (c), be designated as the Returning Officer for a parliamentary constituency. (b) In cases where there are two parliamentary constituencies totally contained within one district, the District Magistrate/Deputy Commissioner/District Col lector/District Officer of the district shall be the Returning Officer of both the parliamentary constituencies. (c) In cases where there are 3 or more parliamentary constituencies contained wholly or partly in one district, th District Magistrate/Deputy Commissioner/District Collector/District Officer of the district should be the Returning Officer of the parliamentary constituency in which the district headquarter falls and the adjoining parliamentary constituency major portion of which falls in the district. Another officer of the district level who is next only to the District Magistrate/ Deputy Commissioner/District Collector/ District Officer in the level of seniority and enjoy civil, criminal and revenue powers not less than those of the District Magistrate/Deputy Commissioner/District Collector/District Officer, should be designated as the Returning Officer for the remaining but not more than two, parliamentary constituencies. All such officers should be appointed by designation and should be selected/drawn from the General Administration (including Revenue and land Administration) Departments. The intention behind drafting officers from General Administration Service/Revenue and Land Administration is to ensure that such officers have by their tranining and background, experience in the conduct of elections and other election related matters. There will be no exceptions. (d) In cases where a parliamentary constituency spreads over more than one district, the District Magistrate/Deputy Commissioner/District Collector/District Officer having the jurisdiction over the comparatively larger part of the constituency should be designated as the Returning Officer. There will be no exceptions. (d) In cases where a parliamentary constituency spreads over more than one district, the District Magistrate/Deputy Commissioner/District Collector/District Officer having the jurisdiction over the comparatively larger part of the constituency should be designated as the Returning Officer. The size of the part of the constituency should be determined on the basis of the number of component assembly segments falling in each District and not on the basis of the geographical size or population. Where, however, the District Magistrate/Deputy Commissioner/District Collector/District Officer of the district having jurisdiction over the larger part of the constituency is already the Returning Officer for two other parliamentary constituencies and the District Magistrates/Deputy Commissioner/District Collector/District Officer having jurisdiction over the smaller part of the constituency is not the Returning Officer of any parliamentary constituency or is Returning Officer of only one parliamentary constituency the later District Magistrate/Deputy Commissioner/District Collector/District Officer should be the Returning Officer for such a constituency. (e) In cases where a parliamentary constituency spreads over more than one district and all the Districts contain the same number of Assembly segments the District Magistrate/Deputy Commissioner/ District Collector of any of those districts may be appointed as the Returning Officer. The Chief Electoral Officer will take a decision to recommend the Returning Officer in such cases keeping in view the considerations like easy accessibility to the Returning Officers headquarter from all parts of the constituency, means of communications and other facilities available for conduct of elections at such headquarter like spacious counting halls, etc., and recommend a suitable District Magistrate/Deputy Commissioner/District Collector/District Officer for designation as the Returning Officer for that parliamentary constituency. Substituted by letter dated 18th December, 2008. 3. Returning Officer for assembly constituency (a) Sub-Divisional Magistrates/Sub-Divisional Officers/Revenue Divisional Officers shall subject to the provisions of sub-para (d), alone be designated as the Returning Officer for an assembly constituency within the sub-division/revenue division. (b) No officer, other than an officer drawn from general administration (including Revenue and Land Administration), lower in rank than that of a Sub-Divisional Magistrate/Sub-Divisional Officer/Revenue Divisional Officer shall be designated or nominated as Returning Officer for any assembly constituency. (c) In case where there are two assembly constituencies within a sub-division/revenue division, the Sub-Divisional Magistrate/Sub-Divisional Officer/Revenue Divisional Officer shall be designated as the Returning Officer for both the assembly constituencies within the sub-division/revenue division. (c) In case where there are two assembly constituencies within a sub-division/revenue division, the Sub-Divisional Magistrate/Sub-Divisional Officer/Revenue Divisional Officer shall be designated as the Returning Officer for both the assembly constituencies within the sub-division/revenue division. (d) In case where there are more than two assembly constituencies within a sub-division/revenue division, the Sub- Divisional Magistrate/Sub-Divisional Officer/Revenue Divisional Officer shall be designated as the Returning Officer for the assembly constituency in which his headquarter is located and the adjoining assembly constituency. Another officer of the sub-divisional level who is next only to the Sub-Divisional Magistrate/Sub-Divisional Officer/Revenue Divisional Officer in the level of seniority and enjoying civil, criminal and revenue powers not less than those of the Sub-Divisional Magistrate/Sub-Divisional Officer/Revenue Divisional Officer should be designated or nominated as the Returning Officer for the remaining, but not more than two, assembly constituencies covering his headquarter. All such officers should be appointed by designation and should be drawn from General Administration (including Revenue and Land Administration) Departments. (e) In cases where an assembly constituency spreads over more than one sub-division/revenue division, the Sub-Divisional Magistrate/Sub-Divisional Officer/Revenue Divisional Officer in whose jurisdiction the larger portion of the constituency falls should be designated as the Returning Officer. The larger or smaller portion should be determined on the basis of the total number of polling stations falling in each sub-division/revenue division and not on the basis of the geographical size of those divisions. (f) In case where an assembly constituency spreads over more than one sub-division or revenue division and each sub-division/revenue division covers more or less equal portion, the Sub-Divisional Officer/Revenue Divisional Officer of either sub-division/revenue division may be appointed as the Returning Officer. Where, however, the portions covered are unequal and it is difficult to ascertain in the sub-division or revenue division in which larger portion of the constituency lies, the Chief Electoral Officer will take a decision to recommend the Returning Officer keeping in view considerations like easy accessibility to the Returning Officers headquarter from all parts of the constituency, means of communication and other facilities for conduct of elections like spacious counting halls, etc., and recommend a suitable Sub-Divisional Magistrate/Sub-Divisional Officer/Revenue Divisional Officer for designation as Returning Officer for that particular assembly constituency. 4. Electoral Registration Officer (a) The Returning Officer for the assembly constituency should be designated as Electoral Registration Officer for the assembly constituency. 4. Electoral Registration Officer (a) The Returning Officer for the assembly constituency should be designated as Electoral Registration Officer for the assembly constituency. Even in cases where there are more than two assembly constituencies within a subdivision/revenue division and an officer other than the Sub-Divisional Magistrate/ Sub-Divisional Officer/Revenue Divisional Officer is appointed as Returning Officer for any assembly constituency, the Sub-Divisional Magistrate/Sub-Divisional Officer/Revenue Divisional Officer alone should be appointed as the Electoral Registration Officer for all the assemebly constituencies within the sub-division/revenue division. (b) The appointment should be by designation and the officer should be drawn from the General Administration (including Revenue and Land Administration) Departments. 5.1. Assistant Returning Officers for parliamentary constituencies (a) For every parliamentary constituency, the Returning Officers of all the assembly constituencies comprised within such parliamentary constituency shall be the Assistant Returning Officers. (b) All such officers should be appointed by designation and they should be drawn from General Administration (including Revenue and Land Administration) Departments. 5.2. Assistant Returning Officers for an Assembly Constituency. (a) There should be a separate set of not exceeding three Assistant Returning Officers for each assembly constituency. (b) The Tehsildars or Block Development Officers (if they belong to the general administration service) alone should be designated as Assistant Returning Officers. (c) No officer lower in rank than a Tehsildar/Block Development Officer should be appointed as Assistant Returning Officer. All such officers should be appointed by designation and they should be drawn from General Administration (including Revenue and Land Administration) Departments. 6. Assistant Electoral Registration Officers for assembly constituency " The Assistant Returning Officers for assembly constituencies shall be designated as Assistant Electoral Registration Officers. However, such number of additional officers may be appointed as Assistant Electoral Registration Officers, as may be considered necessary, keeping in view the extent of the constituency, geographical and physical factors, means of communication, etc. They shall be appointed by designation and drawn from General Administration (including Revenue and Land Administration) Departments. 7. However, such number of additional officers may be appointed as Assistant Electoral Registration Officers, as may be considered necessary, keeping in view the extent of the constituency, geographical and physical factors, means of communication, etc. They shall be appointed by designation and drawn from General Administration (including Revenue and Land Administration) Departments. 7. Electoral Registration Officers and Assistant Electoral Registration Officers for parliamentary constituencies in the State of Jammu and Kashmir and Union Territories (not having Legislative Assembly) (a) In case of the State of Jammu & Kashmir, and such of the Union Territories as do not have a Legislative Assembly, Where the parliamentary constituency as a whole is taken as a unit for revision of electoral rolls, under the Representation of the People Act, 1950, the Returning Officer for the parliamentary constituency shall be designated as the Electoral Registration Officer for the parliamentary constituency. (b) The Assistant Returning Officers of the parliamentary constituency shall be designated as the Assistant Electoral Registration Officers. However, such number of additional officers may be appointed as Assistant Electoral Registration Officers as may be considered necessary, keeping in view the extent of the constituency, geographical and physical factors, means of communication etc. They shall be appointed by designation and drawn from General Administration (including Revenue and Land Administration) Departments. 8. General Only Officers drawn from the General Administration (including Revenue and Land Administration) Departments shall be appointed as District Election Officers/Returning Officers/Electoral Registration Officers/Assistant Returning Officers/Assistant Electoral Registration Officers and all such appointments shall be by designation." 23. Not only the aforementioned order which is only one of them many of such orders issued by the Election Commission on the subject of manning election, including providing requisitioned service of such officers but there are also similar guidelines issued by Election Commission on the very issue gets control over Government personnel and all of them only go to show overwhelming authority of the Election Commission under 1950 Act and 1951 Act. Obviously such orders have their sources rooted in Article 324(1) of the Constitution and, therefore, it cannot be said that the provisions made with regard to the officers either under Sections 13A, 13AA and Section 13C of 1950 Act or Section 21 of 1950 Act is ultra vires under Article 324 of the Constitution of India. 24. Obviously such orders have their sources rooted in Article 324(1) of the Constitution and, therefore, it cannot be said that the provisions made with regard to the officers either under Sections 13A, 13AA and Section 13C of 1950 Act or Section 21 of 1950 Act is ultra vires under Article 324 of the Constitution of India. 24. We have however proceeded to decide the questions on merit though the learned Additional Solicitor General and the learned Additional Advocate General No. 3 had also questioned the bona fides of the petitioner in raising the issue of validity of the provisions of 1950 and 1951 Act by way of public interest litigation. In our considered opinion any voter and/or citizen of India can question the validity of the provision of 1950 and 1951 Act. 25. We, however, having given our anxious consideration to the scheme of the Constitution or the Act would find nothing offending therein in Sections 13A, 13AA and 13C of 1950 Act and Section 21 of the 1951 Act to hold them ultra vires Article 103 and/or Article 324 of the Constitution of India. 26. That being so, this writ application is devoid of any merit and is according dismissed. There would be, however, no order as to cost.