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Legal Provisions on Voter Registration. 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 - PowerPoint PPT Presentation
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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.
REPRESENTATION OF THE PEOPLE ACT, 1950.This Act contains 32 Sections in 5 Parts.THE PARTS ARE AS FOLLOWS
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.
REPRESENTATION OF THE PEOPLE ACT, 1950.This Act contains 32 Sections in 5 Parts.THE PARTS ARE AS FOLLOWS
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 SECTIONS
Section 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”.
IMPORTANT SECTIONS
Section 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 19 Applications not rejected under rule 17 or accepted under rule
18 have to be heard by the ERO/AERO before deciding. Notice of hearing for -Form 6 applications is given in Form 12;
-Form 7 applications notice is given in Form 13 to the objector and Form 14 to the person objected to; modification entries is given in
-Form 15 to the objector.
Rule 20 gives procedure for inclusion of those names which may have been left out due to inadvertence or error during
Roll preparation.
Rule 21(a) 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 21(a). 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.
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 26
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
The Forms prescribed under RER are as follows:
S.no. Form Rule Description
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
The Forms prescribed under RER are as follows: