PARLIAMENTARY DEBATES 611
May I draw, the attention of the Law Minister that the words ‘such other officer as may be prescribed’ should be allowed to remain so that the Returning Officer may prescribe, as usual, the presiding officer to take the application for appointment of the polling agents.
Shri J. R. Kapoor (Uttar Pradesh) : May I know what is the second amendment ?
Dr. Ambedkar: My friend will see that the last words of clause 44 are as follows:
“that notice of the appointment shall be given in the prescribed manner to the Returning Officer and to such other officer as may be prescribed.”
The Rules may prescribe that either the notice of the appointment of polling agent may be given to the Returning Officer and to such other officer as may be prescribed. I am trying to delete by my amendment that sentence—“such other officer as may be prescribed” be omitted so that the result will be that the intimation shall be given to the Returning Officer only.
Mr. Chairman : Now it is the discretion of the Government to appoint another officer also. This amendment is taking away the discretion. In practice it is the Presiding Officer to whom this notice is usually given or the polling officer at the time. Therefore I would request the Law Minister to consider if these words are rather enabling.
Dr. Ambedkar : You know the internal history about these things. I am personally content with the words as they are in the Section; I am prepared to withdraw my amendment and leave the words as they are.
Shri J. R. Kapoor: I would suggest that it may be ‘Returning Officer or such other Officer’
Dr. Ambedkar: The Returning Officer ought to know everything.
Mr. Chairman: Has the Hon. Minister anything to say to that suggestion?