ECI Appoints Returning Officer for Vice-Presidential Election, 2025

The Election Commission of India (ECI) recently announced the appointment of a Returning Officer (RO) and Assistant Returning Officers (AROs) for the upcoming Vice-Presidential Election, 2025. This crucial step marks the formal commencement of the electoral machinery for electing the nation's second-highest constitutional functionary. For Indian lawyers, this announcement is not merely a bureaucratic formality but an initiation into a meticulously governed constitutional process, laden with specific legal provisions, procedural requirements, and potential avenues for dispute. 

The Constitutional Mandate and Role of the ECI 

The Election Commission of India, a constitutional body established under Article 324 of the Constitution, is vested with the superintendence, direction, and control of elections to Parliament, State Legislatures, and the offices of the President and Vice-President. The election to the office of the Vice-President of India is governed primarily by: 

• Articles 63 to 71 of the Constitution of India: These articles lay down the fundamental framework for the office of the Vice-President, including the mode of election, qualifications, term of office, and other related matters. 

• The Presidential and Vice-Presidential Elections Act, 1952: This Act provides a detailed statutory framework for the conduct of these elections. 

• The Presidential and Vice-Presidential Elections Rules, 1974: These Rules prescribe the specific procedures and forms to be followed during the election process. 

Unlike general elections for Parliament or State Assemblies, the Vice-Presidential election is not a direct popular vote. It is an indirect election, reflecting the constitutional design that seeks to imbue the office with a specific character, distinct from direct political contestation. 

The Electoral College for the Vice-Presidential Election 

Article 66(1) of the Constitution stipulates that the Vice-President shall be elected by the members of an electoral college consisting of the members of both Houses of Parliament. This electoral college is distinct from that for the Presidential election in a crucial aspect: 

• Inclusion of Nominated Members: The Vice-Presidential electoral college comprises all members of both the Lok Sabha (House of the People) and the Rajya Sabha (Council of States), which includes both elected and nominated members. This differs from the Presidential election, where only elected members of Parliament and State Legislative Assemblies form the electoral college. 

• Exclusion of State Legislatures: Members of State Legislative Assemblies do not participate in the Vice-Presidential election, highlighting the central nature of the Vice-President's roles as the ex-officio Chairman of the Rajya Sabha and, contingently, as acting President. 

• Proportional Representation by Single Transferable Vote: The election is conducted in accordance with the system of proportional representation by means of the single transferable vote, and the voting is by secret ballot. This system ensures that the elected candidate secures a quota of votes, often used in multi-member constituencies or for single posts where a broad consensus is sought, rather than a simple plurality. Importantly, members of the Electoral College are generally free to vote according to their choice and are not bound by any party whip in this election. 

Qualifications for a Vice-Presidential Candidate 

To be eligible for election as Vice-President, a person must (Article 66(3)): 

• Be a citizen of India. 

• Have completed the age of thirty-five years. 

• Be qualified for election as a member of the Council of States (Rajya Sabha). This implies possessing qualifications like being enrolled as an elector in a parliamentary constituency and not holding any office of profit under the Government of India or the Government of any State or any local or other authority. 

• Not hold any office of profit under the Government of India or the Government of any State or under any local or other authority subject to the control of any of the said Governments. 

The Significance of the Returning Officer (RO) 

The appointment of the Returning Officer is a pivotal administrative and legal step. Under Section 3(1) of the Presidential and Vice-Presidential Elections Act, 1952, the Election Commission, in consultation with the Central Government, appoints a Returning Officer who shall have his office in New Delhi. The ECI also appoints one or more Assistant Returning Officers (AROs). As per established convention, either the Secretary-General of the Lok Sabha or the Secretary-General of the Rajya Sabha is appointed as the Returning Officer by rotation. For the 2025 election, the Secretary General, Rajya Sabha, has been appointed as the RO, with two Joint Secretaries from the Rajya Sabha Secretariat as AROs. 

The Returning Officer is the linchpin of the entire electoral process, entrusted with a wide array of duties and powers, ensuring the free, fair, and transparent conduct of the election. These duties, detailed in the 1952 Act and 1974 Rules, include: 

1. Issuance of Public Notice (Section 5, Act of 1952; Rule 3, Rules of 1974): Upon the issuance of the notification for the election by the ECI (under Section 4 of the Act), the Returning Officer gives public notice of the intended election. This notice specifies the calendar of events, including the last date for making nominations, the date for scrutiny of nominations, the last date for withdrawal of candidatures, and the date of polling (if necessary). It also specifies the place where nomination papers are to be delivered (typically Parliament House). 

2. Receiving Nomination Papers (Section 5B, Act of 1952; Rule 4, Rules of 1974): Candidates, or their proposers or seconders, deliver nomination papers to the Returning Officer within the specified timeframe (usually between 11:00 AM and 3:00 PM on working days). A valid nomination paper must be subscribed by at least 20 electors as proposers and at least 20 electors as seconders. Each candidate must also make a security deposit of ₹15,000. The RO notes the date and time of presentation and affixes a copy in a conspicuous place in his office. A candidate may be nominated by up to four nomination papers. 

3. Scrutiny of Nominations (Section 5E, Act of 1952; Rule 6, Rules of 1974): On the appointed date, the Returning Officer scrutinizes all nomination papers in the presence of the candidates, their proposers, seconders, and one authorized representative. The RO has the crucial power to accept or reject nomination papers. Grounds for rejection include: 

4. Failure to meet eligibility criteria (e.g., age, citizenship, qualification for Rajya Sabha). 

5. Defective nomination form (e.g., not properly subscribed by the requisite number of proposers and seconders). 

6. Failure to deposit the security amount. 

7. The elector subscribing to more than one nomination paper. The RO's decision on scrutiny is final for the purpose of proceeding with the election, though it can be challenged later through an election petition. 

8. Preparation and Publication of List of Contesting Candidates (Section 8, Act of 1952; Rule 6, Rules of 1974): After the period for withdrawal of candidatures (which is two days after scrutiny), the Returning Officer prepares and publishes the final list of contesting candidates in alphabetical order. This list is published in the Gazette of India and affixed in the RO's office. 

9. Conduct of Poll (Rules 9-22, Rules of 1974): If there is more than one contesting candidate, a poll is taken. The Election Commission fixes the place of polling (usually in Parliament House) and the hours. The Returning Officer, or a designated Assistant Returning Officer, acts as the Presiding Officer to conduct the poll. Their duties include: 

10. Allowing inspection of ballot boxes before the poll. 

11. Furnishing ballot papers to electors. 

12. Ensuring secrecy of voting, as electors must scrupulously maintain secrecy and are prohibited from showing their ballot to anyone. 

13. Assisting illiterate or disabled electors if requested. 

14. Receiving unused or cancelled ballot papers. 

15. Sealing ballot boxes and papers after the poll. 

16. Counting of Votes and Declaration of Result (Rules 23-34, Rules of 1974): On the date fixed for counting, the Returning Officer supervises the counting of votes. The complex system of proportional representation by single transferable vote involves determining the quota of votes required for election. If no candidate secures the quota on the first count, the candidate with the fewest first-preference votes is eliminated, and their second-preference votes are transferred to other candidates, a process that continues until a candidate achieves the quota. Once the counting is complete and a candidate is declared elected, the Returning Officer makes a formal declaration of the result. 

Legal Challenges and Election Petitions 

For Indian lawyers, the Vice-Presidential election process, while seemingly smooth, presents several critical legal touchpoints, particularly in the realm of election disputes. Article 71(1) of the Constitution unequivocally states that all doubts and disputes arising out of or in connection with the election of a Vice-President shall be inquired into and decided by the Supreme Court, whose decision shall be final. 

This means that any challenge to the Vice-Presidential election cannot be brought before a High Court or any other court; it must be filed directly as an election petition in the Supreme Court. The grounds for challenging the election are primarily laid out in Section 18 of the Presidential and Vice-Presidential Elections Act, 1952, and include: 

• Bribery or Undue Influence: If the returned candidate, or any person with their consent, has committed the electoral offense of bribery or undue influence as defined in the Indian Penal Code. 

• Improper Acceptance/Rejection of Nomination: If the nomination of the returned candidate was improperly accepted by the Returning Officer, or if the nomination of any other candidate was improperly rejected. This is a common ground for challenge, requiring lawyers to deeply understand the nuances of nomination paper requirements and the RO's powers of scrutiny. 

• Non-compliance with Constitutional or Statutory Provisions: If there has been any non-compliance with the provisions of the Constitution or of the Act or any rules or orders made thereunder, which has materially affected the result of the election. 

• Disqualification of Returned Candidate: If the returned candidate was not qualified, or was disqualified, to be chosen as Vice-President. 

Lawyers involved in such petitions must possess a meticulous understanding of not just the electoral laws but also the constitutional principles underpinning them. The burden of proof in an election petition is high, and a petitioner must demonstrate that the alleged irregularities materially affected the election outcome. 

Conclusion 

The appointment of the Returning Officer for the Vice-Presidential Election, 2025, sets in motion a tightly regulated and constitutionally mandated process. For Indian lawyers, this is an invitation to engage with a fascinating intersection of constitutional law, electoral statutes, and administrative procedure. The role of the Returning Officer is central to ensuring the integrity of this high office's election, from the initial notification to the final declaration of results. While the process is designed for seamless execution, the provisions for election petitions in the Supreme Court underscore the robust legal framework in place to address any doubts or disputes, thereby reinforcing the democratic fabric of India. Understanding the minutiae of this process is not just an academic exercise but a practical necessity for legal professionals navigating the complex terrain of Indian elections.