Session 1 Legal and Administrative Framework for Voter Registration

Session 1 Legal and Administrative

Framework for Voter Registration

The Administrative Machinery

Staff on deputation to ECI

Chief Electoral Officer

Electoral Registration Officer

Supervisors

Roll Observers

Assistant Electoral Registration Officer

Administrative Machinery for Electoral Roll

Management

Appellate Officers

District Election Officer

Booth Level Officer

Designated Officers

Election Commission of India

Election Commission of India (ECI) Superintendence, direction and control of the

preparation of Electoral Rolls for all elections to Parliament and State Legislature under Article 324 of Constitution of India

Chief Electoral Officer (CEO) Is a Government officer nominated by ECI in consultation with

State Government under Section 13 A of RPA, 1950

Supervises the preparation and revision of Electoral Rolls of all Constituencies in State

District Election Officer (DEO) Is a Government officer (District Collectors/ District Magistrates, Deputy Commissioner) appointed in each district generally under Section 13 AA of

RPA, 1950

Coordinates and supervises all work related to preparation & revision of Electoral Rolls in his District

More than one DEO can be appointed on ECIs decision

Electoral Registration Officers (ERO) Is a Government officer nominated by ECI in consultation

with State Government under Section 13B of RPA, 1950

Responsible to prepare and revise the Electoral Roll

Employs persons to help him in execution of his role

Assistant Electoral Registration Officers (AERO) Appointed under Section 13C of RPA,1950 to assist EROs in

execution of their functions.

Competent to perform all the functions of ERO under the control of ERO

Who is ERO?“ERO is a person who has a statutory duty to

compile and maintain the Electoral Roll i.e. the preparation and revision of the Electoral Roll”

ERO should know existing provisions of : Representation of People Act (RPA) 1950 Registration of Elector Rules (RER) 1960 ECI Orders and Directions

Electoral Registration Officer (ERO)

Appellate Officers The appeal on the decision of ERO on the applications of inclusion / deletion received during revision programme can be preferred to the officer designated by ECI. The ECI has designated DEO as appellate officer.

The appeal on the decision of ERO on the application of inclusion / deletion received during Continuous revision of electoral roll can also be preferred to the officer designated by ECI. The ECI has designated DEO as appellate Officer.

Further appeal on the decision of appellant officer during continuous revision can be preferred to CEO.Time limit for appeal 15 days from the date of ERO’s order

Designated Officer Appointed by ERO under Rule 14 of RER,1960

Responsible for display of Electoral Roll, Parts and receive objections/claims

Receives applications in Forms 6,7,8, 8A from the electors at designated locations

Booth Level Officers (BLOs) State Government and local body/authority employees appointed

by ERO under Section 13B (2) of RPA, 1950 for the Revision of Rolls

BLOs so appointed will do this work in addition to their normal duties

Teachers, …… are also appointed as BLOs Responsible for one Polling Station in his area Generally s/he is a voter of that Polling Station. Assigned task of enumeration, verification of Rolls & Forms, collection of Forms and photographs for EPIC during revision

campaign mode, H2H etc. Assigned the work of identification of dead and shifted voters, campaign mode etc during continuous updation Provided with copy of relevant Roll and Stationary

Supervisors Supervisory officers check & monitor the quality of work

completed by BLO He generally looks after 8-15 BLOs or more

9. Roll Observers Super time scale, Senior officers are appointed by ECI

under provisions of Article 324 of Constitution of India as Roll Observers.

In States where there are Divisional/ Regional Commissioners, they act as Roll Observer

Visits deputed to specific areas to field-verify the Electoral Rolls on random basis

Report to ECI on the quality of the Electoral Rolls. Responsible to report as per checklist of ECI

Sample Checklist

10. Staff deputed for Roll revision by ECI

All officers mentioned above employed for the work of preparation, revision and correction of Electoral Roll are deemed to be on deputation and controlled by ECI under Section 13CC of RPA,1950

For any Omission / Commission on the part of them during revision of roll disciplinary action can be taken ( recommended) by ECI.

ECI is informed of Violation of any instruction through DEO/CEO.

During revision of Rolls, any transfer or disciplinary action on Roll related to staff is decided by ECI

Any violation is informed to ECI by ERO through DEO and CEO

ERO is responsible for: Drawing a detailed plan of action for completion of

revision as directed by ECI Procuring different types of Forms and Stationery Identifying and selecting various functionaries like

BLO, Designated Officer etc. Preparing and providing training modules for BLOs

and Designated Officers by Master trainers Publishing Draft Roll by making a copy of Roll

available for inspection Publicizing notice in Form 5 Supplying copies of Draft Roll to recognized political

Parties in the State

Broad outlines of Duties of EROs

Calling for a meeting of political parties to request their suggestion or corrections on published Roll

Maintaining list of received Forms 6,7,8 and 8A in format 9,10,11 and 11A

Conducting enquiry about claims & objections Issuing notices for hearing of claims and objections

cases Reviewing and monitoring the quality of work of

AEROs, Supervisors, DOs and BLOs Including names inadvertently omitted or deleted Publishing Final Roll after incorporating the decisions

and inaccuracies Supplying copies of finally published Roll to every

recognized political Parties of that State Analyzing Electoral Roll data in prescribed Formats

Broad outlines of Duties of EROs

REPRESENTATION OF THE PEOPLE ACT, 1950.This Act contains 32 Sections in 5 Parts.THE PARTS ARE AS FOLLOWS

Part I – (Sec. 1 and 2) gives the title and definitions

Part II (Sec. 3 to 13)provides for allocation of seats and delimitation of Constituencies in the Lok Sabha and the State

Legislative Assemblies and Councils.

Part IIA (Sec.13A, 13AA, 13B, 13C and 13CC)Details the officers connected with the

preparation of Electoral Rolls.


Part IIB (Sec. 13D)provides for Electoral Rolls of Parliamentary

Constituencies

Part III (Sec. 14 to 25A)provides for Electoral Rolls for Assembly

Constituencies

Part IV (Sec.27)provides for Electoral Roll Council

Constituencies.


Part IVA (Sec.27A to 27K)provides for the manner of filling seats in the

Council of States

Part V (Sec. 28 to 32)gives general provisions with regard to the

jurisdiction of Civil Courts; making available staff from local authorities, etc.

IMPORTANT SECTIONS

Section 2 defines “Election Commission”

as the Commission appointed by the President under Article 324

of the Constitution of India.

Section 13A provides for a Chief Electoral

Officer in each State.

Section 13AA provides for the nomination by the ECI of an officer to be the District

Election Officer.

Section 13B(1) provides for designation or nomination of ERO by ECI

Section 13B(2) The ERO can employ various

persons for the preparation and revision of the

Electoral Roll for the AC.

Section 13C provides for appointment of one or more AEROs to assist EROs.

AEROs are competent to perform all or any of the functions of EROs

and are subject to the control of EROs.

IMPORTANT SECTIONSSection 13CC

CEO, DEO, ERO, AERO and all other officers or staff employed for preparation, revision and correction

of Electoral Rolls or conduct of elections are deemed to be on

deputation to the ECI.

Section 18 No person can be registered

more than once in any Constituency.

Section 16 provides for reasons for

disqualification for registration in Electoral Roll.

Section 19 gives the criteria for entitlement

for registration, i.e. 18 years of age on qualifying date and ordinarily

resident in a Constituency.Section 17No person can register in more

than one Constituency.

Section 20gives the meaning of “ordinarily resident”.

Section 20AMakes provision for registration of

Indian Citizens living abroad

IMPORTANT SECTIONSSection 21

gives the provisions for various kinds of revision of Electoral Rolls.

Section 30 provides for a bar on the jurisdiction of Civil Courts to adjudicate upon the

question whether a person is or is not entitled to be registered in the

Electoral Roll. The Civil Courts cannot question the legality of any

action taken by or under the authority of an ERO for the revision of any Roll.

Section 22 provides for the powers of ERO/AERO for amending, transposing or deleting

an entry in the Electoral Rolls.

Section 23 provides for the powers of the

ERO/AERO to include names in the Electoral Rolls.

Section 31 is a penal clause for making false

declarations.

Section 29 provides for making available the staff

of local authorities to ERO for the work related to the preparation and

revision of Electoral Rolls.

Section 32 is the penal clause for being guilty of

any act or omission in breach of official duty by ERO, AERO or any

other person required to perform any official duty in connection with the

preparation or revision of an Electoral Roll.

Registration of Electors Rule, 1960 (RER)There are 6 Parts in RER containing 35 rules and 23 prescribed Forms.

THE PARTS ARE AS FOLLOWS

Part – I (Rules 1 and 2)Preliminary:

deals with title and definitions.

Part –II (Rules 3-28)Electoral Rolls for Assembly Constituencies:

deals with the preparation of Electoral Rolls and its revision.

This is the most important part of RER.

Part – III (Rule 29)Electoral Rolls for Parliamentary

Constituencies.

Part – IV (Rules 30 and 31)Electoral Rolls for Council Constituencies:

gives provisions for registration in Electoral Roll of legislative council constituencies

Part – V (Rules 32-34)Preservation and disposal of Electoral Rolls.

Part – VI (Rule 35) Miscellaneous.

Registration of Electors Rule, 1960 (RER)There are 6 Parts in RER containing 35 rules and 22 prescribed Forms.

THE PARTS ARE AS FOLLOWS

IMPORTANT RULES

Rule 2(d) defines “Registration Officer”

as the ERO of a Constituency and includes AERO.

Rule 4The ECI directs the form and language in which the Roll of

each AC is to be prepared.

Rule 5 provides for the Electoral to be divided into

convenient parts and also the number of names in any part should not exceed 2000. It also provides for the service voters to be

registered in the last part of the Roll.

Rule 6 provides for names of electors to be

arranged according to House No. beginning with Sr. No.1 in each Part.

However, ECI can instruct for arrangingin alphabetical order also.

Rule 8 The ERO/AERO can call for

information from the occupants of dwelling houses in Form 4.

Rule 8B Prescribes FORM for claims of

overseas persons for registration in Electoral Roll.

Rule 9 The ERO and AERO shall have access

to birth/death registers and the admission register of any Educational

institution.

Rule 10 provides for publication of Roll in

Draft by making a copy of The Roll available for inspection and displaying

a notice in Form 5.

Rule 11 provides for the ERO/AERO to exhibit

the Part Roll at places accessible to thepublic and publicize in any other manner as considered necessary.

Rule 8A Provides for issuing public

notification by CEO for registration of persons as Overseas electors.

IMPORTANT RULES

IMPORTANT RULES

Rule 13 provides for Forms for claims and

objections and clearly states the following:

All inclusion claims should be in Form 6 and signed by the Applicant All objections should be in Form 7 and given only by a person whose name

is already included in that Roll. Modification can be done by an application in Form 8 and only that person can apply to whom that entry relates.

Transposition of an entry can be applied for in Form 8A.

Rule 14There are only 2 methods prescribed for lodging claims and objections i.e. they

should either be presented To The ERO/ AERO/ an officer designated by ERO or

be sent by post to them.

Rule 12 This rule provides for minimum 15 days

and maximum 30 days period for lodging claims for inclusion of name in Roll and objection to entry in the Roll after Draft

Roll is displayed.

IMPORTANT RULES

Rule 15provides for functions and

Designated Officers and maintenance of Forms 9, 10 and 11 in duplicate by

them.

Rule 16 provides for maintenance of lists of claims,

objections to inclusion and objections to particulars in Forms 9, 10 and 11

respectively. Under this rule the ERO/AERO is expected to exhibit these Forms on the

Notice Board of his office.

Rule 17 provides for the conditions under which claims or objections can be rejected by

the ERO/AERO.

Rule 18 Certain claims and objections can be

accepted by ERO/AERO without inquiry.

Rule 20Prescribes the procedure to be

followed by ERO/AERO while making the Enquiry Into claims and objections, etc.

Rule 19 ERO/AERO to hear claims and objections

not rejected or accepted summarily – noticeto be given in Form 12 for Application in Form 6In Form 13 to objector for objection in Form 7, in Form 14 to person objected to, in Form 15

for application in Form 8 seeking modification.

Rule 21 gives procedure for inclusion of those names which may have been left out due to inadvertence or error during

Roll preparation.

Rule 21A provides for the procedure for deleting names of death persons or those who

are not ordinarily resident or who are not eligible to be registered in that Roll.

Rule 22 provides for final publication of Roll by making a copy available for inspection and displaying a notice in Form 16 after doing amendments

based on decisions taken under Rules 18, 20, 21 and 21A. This rule also provides for

supplying free of cost, 2 copies of the Roll to every political party which has been allotted a symbol

by the ECI.

Rule 23 provides for appeals from orders by the

ERO/AERO decision on claims and objections during revision programme.

Rule 25 provides for the various types of

revision of Rolls.

IMPORTANT RULES

Rule 28 EPICs are issued under this provision.

Rule 32 provides for the preservation of Rolls until expiry of one year

after the completion of the next intensive revision of that Roll. One complete copy of the Roll, statement submitted

under Rule 7 and under Rule 8, etc. are also to be kept in the custody of the ERO.

Rule 33 provides for making available attested

copies of the Electoral Rolls to applicants and also permitting inspection.

IMPORTANT RULES

Rule 27 Provides for procedure for presenting Appeal of decision of ERO on claims

and objections and his Suo-moto decision of deletion and correction

during continuous revision.

Rule 26 Provides for procedure for applying for inclusion of name, or deletion orTransposition of entry or correction

of particulars, after final publication of roll.

S.no. Form Rule Description

1. Form 1 Rule 7 Statement as to place of Ordinary Residence by a Person holding a Declared O ice

2. Form 2 Rule 7 Statement as to place of Ordinary Residence by a member of the Armed Forces

3. Form 2A Rule 7 Statement as to place of Ordinary Residence by a member of an armed police force of a State, who is serving outside that State

4 Form 3 Rule 7 Statement as to place of Ordinary Residence by a person employed under the Government of India in a post outside India

5 Form 4 Rule 8 Letter of request

6 Form 5 Rule 10 Notice of publication of Electoral Roll in Draft

7 Form 6 Rule 13(1) and 26

Application for inclusion of name in Electoral Roll

8 Form 6 A Rule 8B Application for inclusion of name in Electoral Roll by an oversea elector.9 Form 7 Rule 13(2)

and 26Application for objecting inclusion or seeking deletion of name in Electoral Roll

10 Form 8 Rules 13(3) and 26

Application for correction to particulars entered in Electoral Roll

11 Form 8A Rules 13(4) and 26

Application for transposition of entry in Electoral Roll

The Forms prescribed under RER are as follows:

S.no. Form Rule Description12 Form 8B Rule 26 Application for deletion of entry in Electoral Roll

13 Form 9 Rules 15 and 16 List of applications for inclusion of names received in Form 6

14 Form 10 Rules 15 and 16 List of applications for objection to inclusion of names received in Form 7

15 Form 11 Rules 15 and 16 List of applications for objection to particulars in entries in Electoral Roll received in Form 8

16 Form 12 Rule 19(1)(b)(i) Notice of hearing of a claim

17 Form 13 Rule 19(1)(b)(ii) Notice to the objector

18 Form 14 Rule 19(1)(b)(ii) Notice to the person in respect of whom objection has been made19 Form 15 Rule 19(1)(b)(iii) Notice of hearing of an objection to particulars in an entry20 Form 16 Rule 22(1) Notice of final publication of Electoral Roll21 Form 17 Rule 30 Application for inclusion of name in the Electoral Roll for a local

authorities' Constituency22 Form 18 Rule 31 Claim for inclusion of name in the Electoral Roll for a graduates'

Constituency23 Form 19 Rule 31 Claim for inclusion of name in the Electoral Roll for a teachers'

Constituency

The Forms prescribed under RER are as follows:

QUIZ CARDS FOR THE LEGAL PROVISIONS QUIZ ON ELECTORAL ROLLS

Question – Where does the Election Commission derive its powers from

Answer – This power is given by Article 324 (1) of the Constitution which reads as –324. (1) The superintendence, direction and controlof the preparation of the electoral rolls for, and theconduct of, all elections to Parliament and to theLegislature of every State and of elections to the officesof President and Vice-President held under thisConstitution 1*** shall be vested in a Commission(referred to in this Constitution as the ElectionCommission).

Question – Which provision of the Constitution prohibits ineligibility for enrollment only on the ground of religion, race, caste or sex

Answer – Article 325, which reads as under–

325. 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 of a State and no person shall be ineligiblefor inclusion in any such roll or claim to be included in any special electoral roll for any such constituency on grounds only of religion, race, caste, sex or any of them.

Question – Which provision of which law provides for universal adult suffrage in IndiaAnswer – Article 326 of the Constitution, which reads as under–

326. The elections to the House of the People and to the Legislative Assembly of every State shall be on the basis of adult suffrage; that is to say, every person who is a citizen of India and who is not less than 2[eighteen years] of age on such date as may be fixed in that behalf by or under any law made by the appropriate Legislature and is not otherwise disqualified under this Constitution or any law made by the appropriate Legislature on the ground of non-residence, unsoundness of mind, crime or corrupt or illegal practice, shall be entitled to be registered as a voter at any such election.

Question – Can Parliament make laws for management of Electoral Rolls?

Answer – Yes, Article 327 of the Constitution provides that power and reads as under–327. Subject to the provisions of this Constitution, Parliament may from time to time by law make provision with respect to all matters relating to, or in connection with, elections to either House of Parliament or to the House or either House of the Legislature of a State including the preparation of electoral rolls, the delimitation of constituencies and all other matters necessary for securing the due constitution of such House or Houses. Parliament has passed Representation of the Peoples Act 1950 for this purpose

Question – Can States make make laws for management of Electoral Rolls?

Answer – Yes, Article 328 of the Constitution provides that power in so far as provision in this behalf is not made by Parliament and reads as under–328. Subject to the provisions of this Constitution and in so far as provision in that behalf is not made by Parliament, the Legislature of a State may from time to time by law make provision with respect to all matters relating to, or in connection with, the elections to the House or either House of the Legislature of the State including the preparation of electoral rolls and all other matters necessary for securing the due constitution of such House or Houses.

Question – What is a Chief Electoral Officer and how is he appointed?

Answer – CEO is provided in Section 13A of ROP Act 1950 which reads as under–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, thechief electoral officer shall supervise the preparation, revision and correction of all electoral rolls in the State under this Act.

Question – How is District Election Officer appointed?

Answer – DEO is an officer of the State Government and is appointed by the Commission in consultation with the State Government under Section 13AA of ROP Act 1950 which reads as under–13AA. District election officers.—(1) For each district in a State, 9[***], the Election Commission shall, in consultation with the Government of the State, designate or nominate a district election officer who shall be an officer ofGovernment

Question – Can there be more than one DEO for a district?

Answer – Proviso under Section 13AA of ROP Act 1950 provides for it and reads as under –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.

Question – What are the different types of Electoral Registration Officers?

Answer – ERO can be appointed for Assembly Constituency or Council Constituency or Parliamentary Constituency as provided in Section 13B of ROP Act 1950 provides for it and reads as under –13B. Electoral registration officers.—(1) The electoral roll 1[2[for each parliamentary 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 prepared and revised by an electoral registration officer who 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.

Question – Under What provision of law are Booth Level Officers appointed?

Answer – ERO can employ BLOs under the provisions of subsection (2) of section 13B of ROP Act 1950 and instructions of the Commission. Section 13B(2) reads as under –13B. (2) An electoral registration officer may, subject to any prescribed restrictions, employ such persons as he thinks fit for the preparation and revision of the electoral roll for the constituency.

Question – What are the powers of Assistant Electoral Registration Officers?

Answer – AERO can perform all the functions of EROs according to section 13C of ROP Act 1950, which reads as under –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.

Question – What is the control of ECI on the officers relating to Electoral Registration?

Answer – Section 13CC of ROP Act 1950, which reads as under –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.

Question – How are Electoral Rolls of Parliamentary Constituencies prepared?

Answer – Section 13D of ROP Act 1950, which reads as under –13D. Electoral rolls for parliamentary constituencies.— (1) The electoral roll for every parliamentary constituency, other than a parliamentary constituency in the State of Jammu and Kashmir or in a Union territory not having a Legislative Assembly, shall consist of the electoral rolls for all the assembly constituencies comprised within that parliamentary constituency; and it shall not be necessary to prepare or revise separately the electoral roll for any such parliamentary constituency:

Provided that for the period referred to in clause (2) of article 371A, it shall be necessary to prepare and revise separately the electoral roll for that part of the parliamentary constituency of Nagaland which comprises the Tuensang district and the provisions of Part III shall apply in relation to the preparation and revision of the electoral roll of the said part as they apply in relation to an assembly constituency.

((2) Notwithstanding anything in this Constitution, for a period of ten years from the date of the formation of the State of Nagaland or for such further period as the Governor may, on the recommendation of the regional council, by public notification specify in this behalf)

(2) The provisions of Part III shall apply in relation to every parliamentary constituency in the State of Jammu and Kashmir or in a Union territory not having a Legislative Assembly as they apply in relation to an assembly constituency.]

Question – A person has his 18th birthday on 10th February 2012. Can he get enrolled in the electoral roll of 2012?

Answer – No. A person must be 18 years old on the qualifying date –(b) "qualifying date", in relation to the preparation or revision of every electoral roll under this Part, means [the 1st day of January] of the year in which it is so prepared or revised

Question – What are the disqualifications for enrollment?

Answer – Section 16 of ROP Act 1950 -

16. Disqualifications for registration in an electoral roll.—(1) A person shall be disqualified for registration in an electoral roll if he—(a) is not a citizen of India; or(b) is of unsound mind and stands so declared by a competent court; or(c) is for the time being disqualified from voting under the provisions of any law relating to corrupt 6* * * practices and other offences in connection with elections.

(2) The name of any person who becomes so disqualified after registration shall forthwith be struck off the electoral roll in which it is included:

[Provided that the name of any person struck off the electoral roll of a constituency by reason of a disqualification under clause (c) of sub-section (1) shall forthwith be re-instated in that roll if such disqualification is, during the period such roll is in force, removed under any law authorising such removal.]

Question – Which provisions of law provide that no person can be enrolled twice?

Answer – Section 17 and 18 of ROP Act 1950 -

17. No person to be registered in more than one constituency.—No person shall be entitled to be registered in the electoral roll for more than one constituency 1* * *.

18. No Person to be registered more than once in any constituency. —No person shall be entitled to be registered in the electoral roll for any constituency more than once.

Question – in which Constituency and in which part can a person be enrolled?

Answer – According to Section 19 of ROP Act 1950 a person is entitled to be enrolled in the electoral roll of a constituency where he is ordinarily resident

Question – What is the meaning of ordinarily resident?

Answer – Ordinarily resident has not been defined in the law. Section 20 of ROP Act has some provisions for certain special conditions. These are –

1. A person shall not be deemed ordinary resident only because he owns or is in possession of a dwelling house in that area

2. A person shall not cease to be ordinary resident –a) If he absents himself temporarilyb) MP of MLA or MLC absenting himself from constituency in connection with

his duties as such MP, MLA or MLC3. An inmate of mental hospital or prison shall not be deemed ordinarily resident there4. A person with a service qualification or his wife shall be deemed ordinarily resident

in the constituency where he would have been otherwise resident5. Persons holding designated office shall be deemed to be ordinarily resident in a

place where they would have been but for holding such office6. Question of ordinary residence shall be decided with reference of all the facts of the

case

Question – What are the special conditions for enrollment in Sangha Constituency of Sikkim?Answer – Section 25A of ROP Act 1950 -

25A. Conditions of registration as elector in Sangha constituency in Sikkim.—Notwithstanding anything contained in sections 15 and 19, for the Sangha constituency in the State of Sikkim, only the Sanghas belonging to monasteries, recognised for the purpose of the elections held in Sikkim in April, 1974, for forming the Assembly for Sikkim, shall be entitled to be registered in the electoral roll, and the said electoral roll shall, subject to the provisions of sections 21 to 25, be prepared or revised in such manner as may be directed by the Election Commission, in consultation with the Government of Sikkim.]

Question – What should the ERO do if he receives an application for inclusion of name from a person who is already enrolled in another constituency?

Answer – Section 23 of ROP Act 1950 –

2[23. Inclusion of names in electoral rolls.— (1) Any person whose name is not included in the electoral roll of a constituency may apply to the electoral registration officer for the inclusion of his name in that roll.

(2) The electoral registration officer shall, if satisfied that the applicant is entitled to be registered in the electoral roll, direct his name to be included therein:

Provided that if the applicant is registered in the electoral roll of any other constituency, the electoral registration officer shall inform the electoral registration officer of that other constituency and that officer shall, on receipt of the information, strike off the applicant's name from that roll.

(3) No amendment, transposition or deletion of any entry shall be made under section 22 and no direction for the inclusion of a name in the electoral roll of a constituency shall be given under this section, after the last date for making nominations for an election in that constituency or in the parliamentary constituency within which that constituency is comprised and before the completion of that election.]

Question – Can civil Courts interfere in the enrollment of electors?


30. Jurisdiction of civil courts barred.—No civil court shall have jurisdiction—(a) to entertain or adjudicate upon any question whether any person is or is not entitled to be registered in an electoral roll for a constituency; or

(b) to question the legality of any action taken by or under the authority of an electoral registration officer, or of any decision given by any authority appointed under this Act for the revision of any such roll.

Question – What are the penalties for false declaration?


31. Making false declarations.—If any person makes in connection with—(a) the preparation, revision or correction of an electoral roll, or(b) the inclusion or exclusion of any entry in or from an electoral roll,

a statement or declaration in writing which is false and which he either knows or believes to be false or does not believe to be true, he shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both.

Question – What are the penalties for breach of official duty?


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 reparation, 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 3[with imprisonment for a term which shall not be less than three months but which may extend 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 cognisance 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.]

Question – How long can be the period of filing claims and objections?

Answer – Rule 12 of Registration of Electors Rules, 1960–

2[12. Period for lodging claims and objections.—Every claim for the inclusion of a name in the roll and every objection to an entry therein shall be lodged within a period of thirty days from the date of publication of the roll in draft under rule 10, or such shorter period of not less than fifteen days as may be fixed by the Election Commission in this behalf:

Provided that the Election Commission may, by notification in the Official Gazette, extend the period in respect of the constituency as a whole or in respect of any part thereof.]

Question – What are the forms 1, 2, 2A, 3, 4, 5, 6, 7, 7A, 8 and 8A under the Registration of Electors Rules, 1960?


1. Form 1 Rule 7 Statement as to place of Ordinary Residence by a Person holding a Declared O ice

2. Form 2 Rule 7 Statement as to place of Ordinary Residence by a member of the Armed Forces

3. Form 2A Rule 7 Statement as to place of Ordinary Residence by a member of an armed police force of a State, who is serving outside that State

4 Form 3 Rule 7 Statement as to place of Ordinary Residence by a person employed under the Government of India in a post outside India

5 Form 4 Rule 8 Letter of request

6 Form 5 Rule 10 Notice of publication of Electoral Roll in Draft


Application for inclusion of name in Electoral Roll

8 Form 6 A Rule 8B Application for inclusion of name in Electoral Roll by an oversea elector.


Application for objecting inclusion or seeking deletion of name in Electoral Roll

10 Form 8 Rules 13(3) and 26

Application for correction to particulars entered in Electoral Roll

11 Form 8A Rules 13(4) and 26

Application for transposition of entry in Electoral Roll

Question – What are the forms 8B, 9, 10, 11,12, 13, 14, 15, 16, 17, 18, 19 under the Registration of Electors Rules, 1960?


12 Form 8B Rule 26 Application for deletion of entry in Electoral Roll

13 Form 9 Rules 15 and 16 List of applications for inclusion of names received in Form 6

14 Form 10 Rules 15 and 16 List of applications for objection to inclusion of names received in Form 7

15 Form 11 Rules 15 and 16 List of applications for objection to particulars in entries in Electoral Roll received in Form 8

16 Form 12 Rule 19(1)(b)(i) Notice of hearing of a claim

17 Form 13 Rule 19(1)(b)(ii) Notice to the objector

18 Form 14 Rule 19(1)(b)(ii) Notice to the person in respect of whom objection has been made

19 Form 15 Rule 19(1)(b)(iii) Notice of hearing of an objection to particulars in an entry

20 Form 16 Rule 22(1) Notice of final publication of Electoral Roll

21 Form 17 Rule 30 Application for inclusion of name in the Electoral Roll for a local authorities' Constituency

22 Form 18 Rule 31 Claim for inclusion of name in the Electoral Roll for a graduates' Constituency

23 Form 19 Rule 31 Claim for inclusion of name in the Electoral Roll for a teachers' Constituency

Question – How can a person file claims and objections?


14. Manner of lodging claims and objections.—Every claim or objection shall—

(a) either be presented to the registration officer or to such other officer as may be designated by him in this behalf; or

(b) be sent by 6*** post to the registration officer.

Question – What procedure does the designated officer follow when a claim or objection is filed?Answer – Rule 15 of Registration of Electors Rules, 1960–

15. Procedure of designated officers.—(1) Every officer designated under rule 14 shall—

(a) maintain in duplicate a list of claims in Form 9, a list of objections to the inclusion of names in Form 10 and a list of objections to particulars in Form 11; and

(b) keep exhibited one copy of each such list on a notice board in his office.

(2) Where a claim or objection is presented to him, he shall, after complying with the requirements of sub-rule (1), forward it with such remarks, if any, as he considers proper to the registration officer.

Question – How does ERO publish claims and objections?


16. Procedure of registration officer.—The registration officer also shall—

(a) maintain in duplicate the three lists in Forms 9, 10 and 11, entering thereon the particulars of every claim or objection as and when it is received by him whether directly under rule 14 or on being forwarded under rule 15; and

(b) keep exhibited one copy of each such list on a notice board in his office.

Question – When can the ERO accept a claim or objection without inquiry?


18. Acceptance of claims and objections without inquiry.—If the registration officer is satisfied as to the validity of any claim or objection, he may allow it without further inquiry after the expiry of one week from the date on which it is entered in the list exhibited by him under clause (b) of rule 16:

Provided that where before any such claim or objection has been allowed, a demand for inquiry has been made in writing to the registration officer by any person, it shall not be allowed without further inquiry.

Question – How is a notice for hearing given?


19. Notice of hearing claims and objections.—(1) Where a claim or objection is not disposed of under rule 17 or rule 18, the registration officer shall—

(a) specify in the list exhibited by him under clause (b) of rule 16, the date, time and place of hearing of the claim or objection; and

(b) give notice of the hearing—

(i) in the case of a claim to the claimant in Form 12;(ii) in the case of an objection to the inclusion of a name, to the objector in Form 13 and to the person objected to in Form 14; and(iii) in the case of an objection to a particular or particulars in an entry, to the objector in Form 15.

(2) A notice under this rule may be given either personally or by registered post or by affixing it to the person's residence or last known residence within the constituency.

Question – What are the provisions for preparation of roll in case of re-delimitation of constituencies?Answer – Rule 14 of Registration of Electors Rules, 1960–

24. Special provision for preparation of rolls on re-delimitation of constituencies.—(1) If any constituency is delimited a new in accordance with law and it is necessary urgently to prepare the roll for such constituency, the Election Commission may direct that it shall be prepared—

(a) by putting together the rolls of such of the existing constituencies or parts thereof as are comprised within the new constituency; and(b) by making appropriate alterations in the arrangement, serial numbering and headings of the rolls so compiled.

(2) The roll so prepared shall be published in the manner specified in rule 22 and shall, on such publication, be the electoral roll for the new constituency.

Question – What appeals are provided against the order of ERO?

Answer – Rules 23 and 27 of Registration of Electors Rules, 1960–

Rule 23 – Appeal to DEO during process of revision;Rule 27 – Appeals during process of continuous updation:

1. First appeal to the District Magistrate and Second Appeal to the Chief Electoral Officer

2. Within 15 days of the order3. Presentation of Appeal will not have the effect of staying

the order of ERO

Question – Under which provision of law are EPICs issued?


28. Identity cards for electors in notified constituencies 11***.—(1) The Election Commission may, with a view to preventing impersonation of electors and facilitating their identification at the time of poll, by notification in the Official Gazette of the State, direct that the provision of this rule shall apply to 12[any such constituency or part thereof] as may be specified in the notification.

(2) The registration officer for such notified constituency shall, as soon as may be, after the issue of thenotification under sub-rule (1), arrange for the issue to every elector of an identity card prepared in accordance with the provisions of this rule.

(3) The identity card shall—(a) be prepared in duplicate;(b) contain the name, age, residence and such other particulars of the elector as may be specified by theElection Commission;(c) have affixed to it a photograph of the elector which shall be taken at the expense of the Government;and(d) bear the facsimile signature of the registration officer:

Provided that if the elector refuses or evades to have his photograph taken, or cannot be found at his residence by the official photographer in spite of repeated attempts, no such identity card shall be prepared for the elector and a note of such refusal or evasion or that the elector could not be found at his residence in spite of repeated attempts shall be made in the copy of the roll maintained by the registration officer.

(4) One copy of the identity card prepared under sub-rule (3) shall be retained by the registration officer and theother copy shall be delivered to the elector to be kept by him for production at the time of poll.

Question – How long are the documents to be preserved?

Answer – Rule 32 of Registration of Electors Rules, 1960–32. Custody and preservation of rolls and connected papers.—(1) After the roll for a constituency has been finally published, the following papers shall be kept in the office of the registration officer or at such other place as the chief electoral officer may by order specify until the expiration of one year after the completion of the next intensive revision of that roll:—(a) one complete copy of the roll;(b) statements submitted to the chief electoral officer under rule 7;(c) statements submitted to the registration officer under rule 8;(d) register of enumeration forms;(e) applications in regard to the preparation of the roll;(f) manuscript parts prepared by enumerating agencies and used for compiling the roll;(g) papers relating to claims and objections;(h) papers relating to appeals under rule 23; and(i) applications under sections 22 and 23.

(2) One complete copy of the roll for each constituency duly authenticated by the registration officer shall also be kept in such place as the chief electoral officer may specify 1[as permanent board].

Question – What are the provisions with respect to inspection of rolls and connected papers?Answer – Rule 33 of Registration of Electors Rules, 1960–

33. Inspection of electoral rolls and connected papers.—Every person shall have the right to inspect the election papers referred to in rule 32 and to get attested copies thereof on payment of such fee as may be fixed by the chief electoral officer.

Session 1 Legal and Administrative Framework for Voter Registration

Documents

electoral roll ero

display of electoral

preparation of electoral

decision of ero

electoral roll employs

decision of appellant

control of ero

functions of ero