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00:00BREACH OF OFFICIAL DUTY IN CONNECTION WITH PREPARATION AT SECTOR OF ELECTORAL RULES
00:07SECTION 32 OF THE REPRESENTATION OF THE PEOPLE ACT, 1950
00:12DISCLAIMER
00:15This training material is for use in training of election officials.
00:20It should not be referred as guideline of election commission of India.
00:23In case of any variance in this training material, the commission guidelines, rules, laws shall prevail.
00:30Learning Outcomes
00:32At the end of the session, the participants will be able to know the power conferred to parliament to make laws with respect to all matters related to elections.
00:43They will also be able to explain the SECTION 32 of the RP Act, 1950
00:50Article 324 of the Constitution says,
00:53SUPERINTENDENCE, DIRECTION, AND CONTROL OF ELECTION TO BE WESTED IN ELECTION COMMISSION OF INDIA.
01:00Its Clause 1 is about
01:02PREPARATION OF ELECTORAL RULES AND CONDUCT OF ELECTION.
01:06Article 327 is about
01:09Power to Parliament to make laws with respect to all matters related to elections for either House of Parliament or either House of State Legislatures.
01:21In exercise of power given by the Constitution under the Article 327, the Parliament has enacted the RP Act, 1950.
01:29Section 32.
01:30Section 32 comes under the Part 5th i.e. General.
01:35Section 32 is about
01:39Breach of official duty in connection with preparation, etc. of electoral rules.
01:45Section 32 says,
01:47If an ERO, AAEROs, or any person with official duties for preparing, revising, or correcting the electoral rule, including adding or removing names, neglects or breaches their duty, without a valid reason, they can be punished with a minimum of three months in jail, can extend up to two years, and a fine.
02:10Section 33.
02:11No one can file a civil case for damages against such officers for these acts or omissions.
02:17A court can only take up such cases if a complaint is made by, or with the permission of, the Election Commission or the State Chief Electoral Officer.
02:29So, because of Article 324 and Article 327, RP Act, 1950 was enacted, and the Section 32 was incorporated.
02:44Conclusion and extra points.
02:47The legal provision ensures accountability for ERO, AEROs, and assistance by penalising the neglect
02:54of duty in managing electoral rules while protecting them from civil lawsuits for damages.
03:01It also restricts court action to cases authorized by the Election Commission or Chief Electoral
03:07Officer, maintaining oversight within the electoral system.
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03:22In this education video, we have learned about the Section 32 of the RP Act, 1950.
03:29If you have any doubt or want any clarification, then you can contact through the mail as shown
03:35on the screen.
03:37For other videos on rules and regulations, you can visit the web address as shown.
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