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Legal Provisions on Voter Registration

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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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Page 1: Legal Provisions on Voter Registration
Page 2: 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 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.

Page 3: 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 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.

Page 4: 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 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.

Page 5: Legal Provisions on Voter Registration

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.

Page 6: Legal Provisions on Voter Registration

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”.

Page 7: Legal Provisions on Voter Registration

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.

Page 8: Legal Provisions on Voter Registration

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.

Page 9: Legal Provisions on Voter Registration

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

Page 10: Legal Provisions on Voter Registration

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.

Page 11: Legal Provisions on Voter Registration

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

Page 12: Legal Provisions on Voter Registration

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.

Page 13: Legal Provisions on Voter Registration

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.

Page 14: Legal Provisions on Voter Registration

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

Page 15: Legal Provisions on Voter Registration

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.

Page 16: Legal Provisions on Voter Registration

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:

Page 17: Legal Provisions on Voter Registration

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: