Procedure for disposal of Claims and Objections

1. Procedure for disposal of Claims and Objections

2. General Introduction to Roll Revision Roll Revision For free and fair election different types of Roll revisions are very important pre-requisite ERO Role towards Roll revision process: To conduct the Roll Revision process as per Law and direction of ECI. ERO has to notify the Roll revision program in Form 5 (appended in RER, 1960) publicize widely through advertisements, CEO's website etc. provide minimum 15 and maximum 30 days for filing claims and objections (under rule 12 RER, 1960) not accept any application after the last date/specified time period announced inquire the claims of all Forms 6,7,8,8A (under Rule 20 of RER,1960) look into the applications for modification of the Draft Roll like addition, deletion etc. by calling claims and objections ERO can suo-motu include/delete names which may have been inadvertently deleted/added respectively, in the Draft Roll during revision process (except during Continuous Updation), after following due procedure

3. Claims and Objections during Revision For an accurate and error-free Electoral Roll claims and objections are made for addition/deletion/ transposition/ correction of entries in the electoral rolls Forms of Claims, Objections and Corrections The applicants applying for addition/deletion/correction/transposition should fill the following Forms Form 6 – Inclusion of name (Service personnel to attach “Form of declaration”) Form 6A – Inclusion of name of overseas electors Form 7 – Objection to addition/seeking deletion of name Form 8 – Correction to a particular entry Form 8A – Transposition of name from one Part to another Part in same AC Form 8B - Deletion Forms of Claims and Objections

4. During summary revision - No Forms of claims or objection are to be accepted after the prescribed last day of filling Forms. During continuous updation period forms can be received any time Forms can be received by ERO/AERO or any officer designated by ERO under Rule 14(a), RER, 1960 like DO/BLO. During summary revision designated officers sit at polling stations to receive forms. ERO can make other arrangements to receive forms such as on-line applications, drop boxes, common service centers etc. Forms can also be sent by post directly to the concerned ERO DEOs/EROs prescribe the holidays and non working days and non working hours as duty period for teachers appointed as DO/BLOs Form 6 Form 7 Form 8 Form 8A Receipt of Forms of Claims and Objections

5. Non teaching staff as BLOs remain on-duty throughout the prescribed period (irrespective different working hours and if institution is closed) Only individual applications are to be accepted, except for an individual presenting the applications of the same households Lists of Forms received shall be displayed at DEO's notice board, ERO’s notice board, Polling Station notice board, Website of CEO Form 6 Form 7 Form 8 Form 8A Receipt of Forms of Claims and Objections

6. BLO/DO/AERO/ERO should not receive Forms ‘in bulks’ Bulk application – applications that are submitted by one person on behalf of many persons not belonging to the same family After proper verification, acknowledgement/receipt should be given to the applicant It should be noted that Form is not submitted as Part of bulk or in bulk Form is not unsigned or without thumb impression (rule 17 of RER, 1960) No column in the Form is left blank Preliminary Checking of Forms

7. Applicants shifting residence in the same Constituency should be guided to file application in Form 8A and not Form 6 for transposition of entry Details of the immediate family members (father, mother, husband, siblings) already enrolled in the current Rolls should be indicated for applicants applying for the first time on attaining age 18 years. Date of birth and age should be indicated. Where age is not known, approximate age as on qualifying date should be written For applicants between age 18-25 years, name and relation should be checked with respect to the applicant’s family members already enrolled Underage applicant should not get enrolled EPIC details should also be reflected in the Form Non EPIC holders of 25+ age-group should give a declaration in the Form as given in Annexure 5.7 Preliminary Checking of Form 6

8. Preliminary Checking of Form 6 Annexure 5.7 – For an Elector of 25 + age group not having an EPIC

9. Part II of Form 6 –complete address ordinary residence address with proof should be checked. The proof can be any of the following documents – Bank/Kisan/Post Office/Pass Book/ Ration card/Driving license/Passport/ Gas connection/Telephone/Electricity/Water bill etc. If an applicant has been staying at an address for one year or more but not enrolled, then the circumstances why s/he has not applied should be ascertained and recoded on the application Form Applicants should be advised to fill in the details like Part no., serial no. and EPIC no. of their immediate family members in Part III of Form 6 The applicant must fill Part IV related to the full details of previous enrollment especially the address The declaration of Part IV, at the end of Form 6 should be complete in all respect Check that a declaration of non-inclusion of name, should be attached by Service personnel along with Form 6 Preliminary Checking of Form 6

10. Form 7 Form should not be received without details of the objector and person objected to. The Form without complete details may be rejected under rule 17 Form 8 Forms should have the exact details of the entries to be corrected in Part IV The applicant must attach the supporting documents wherever needed Preliminary Checking of Form 7 and 8

11. Every DO and BLO should prepare list of the entries in duplicate for claims in Form 9 objection to the inclusion of names in Form 10 objection to particular details in Form 11 applications for transposition in Form 11A DO/BLO should display the copies of these Forms on notice board at DO's office of the area The DO should maintain the lists under Rule 15 of RER, 1960 EROs should also maintain the 4 lists of Forms under rule 16 of RER, 1960 and enter the entries directly received from AERO / DO/BLO ERO should keep the exhibited list on notice board till the disposal of claims and objections ERO should get all forms computerized in ERMS as soon as they are received so that they become visible on the CEO website and can be tracked by the applicant on the website and by SMS Further action on forms is taken only after they become visible on CEO website Handling the Forms Received

12. EROs should ensure that all the applications received are disposed in accordance with law and direction All Form 6 without particulars of previous EPIC and more than 25 years of age should be checked and confirmed that they are not enrolled in some other area All Forms 6 with previous EPIC details should be enrolled by informing the ERO of the previous area to delete the entry from that area and transfer the photo that concerned elector ERO may refer applications (Form 6,7,8,8A) to the AERO for disposal in accordance with law and both ERO and AERO can get the details locally verified by the verifying officers ERO can reject the claims/objections not received during the period mentioned, under rule 17 of RER, 1960 ERO may directly allow the entry in the Roll under rule 18 of RER, 1960, if he/she is satisfied with the details or may verify in case if doubt Disposal of Claims and Objections

13. ERO may ask the verifying Officer (Designated Officer, BLO etc.) to verify facts and receive entries with remarks in small batches either daily, weekly or whenever the number of applications exceed 50 An individual notice with date and time of hearing should be sent to the applicants in case of inquiry. The ERO has to give notice of hearing In case of a claim to the claimant – in Form 12 (annexure 5.12) appended to RER, 1960. In case of an objection to the inclusion of name, notice to objector – in Form 13 (annexure 5.13) In case of an objection to the, notice to the person objected to – Form 13 (Annexure 5.13) In case of objection to a particular or an entry – Form 15 (annexure 5.15) Disposal of Claims and Objections

14. Disposal of Claims and Objections Form 12 (Annexure 5.12)

15. Disposal of Claims and Objections Form 13 (Annexure 5.13)

16. Disposal of Claims and Objections Form 14 (Annexure 5.14)

17. Disposal of Claims and Objections Form 15 (Annexure 5.15)

18. Under clause (b) of Rule 16 RER 1960, ERO should draw up the program of hearing within a period of 7 clear days from the date when he received applications in his office. The ERO has power to require any claimant, objector, person objected to, to appear in person before him for clarification and sub-rule (3) of rule 20 of RER, 1960, ERO can ask the information on oath / affidavit. ERO should record the decisions with the reasons and should enter the decision just below the entries in the respective Forms 9,10,11, 11A List of applications accepted and rejected should be displayed on the notice board for any claim or objections Form 6, 7, 8 and 8A ERO should insist on the presence of the claimant ERO should get the facts verified by the verification officer where the verifying officer should submit full particulars of verification like date of visit, if the person was physically present etc Disposal of Claims and Objections

19. If the ERO is not satisfied of the age proof of the applicant even after the verification, he/she may take the evidence on oath of applicant as well as any member of family Form 7 should be carefully scrutinized as they are not used to delete names of genuine electors In doubtful cases, in absence of the persons at home during verification, ERO should send an individual notice with a date and time of hearing either before ERO or AERO In case of inconvenience in traveling hearing could be held at the village/taluka/zonal offices Disposal of Claims and Objections

20. The ERO should ensure that all the entries made are fully eligible for conditions of registration Citizen of India being one condition should be verified completely Important points Officer inquiring the details of the applicant must consider all the evidence, documentary, otherwise submitted by the applicant to decide Officer concerned will bear in mind the Constitution and Citizenship Act, 1955 and all other provisions related to the citizenship before passing the order If the citizenship of any person is suspected , the ERO should go through the entire procedure of inclusion of elector before taking the decision Though the onus of proof of citizenship lie on applicant, the ERO must be satisfied with all the proofs which can be any of the following - National Register of Citizens (NRC) - Citizenship certificate issued by competent authority - Valid passport by Government of India - Birth Certificate etc. If still not satisfied the ERO should refer the matter to the competent authority under the relevant law Determination of citizenship

21. Documentary Proof of Age • No documentary proof of age is required if the age is obviously more that the age of eligibility. Documentary proof may be asked for only when age is borderline and can not be assessed by visual inspection of the applicant • Certificate or mark-sheet of class 12, 10, 8 or 5; certificate of a sarpanch, councillor, ward member etc. are accepted as age proof

22. Documentary proof of residence • Documentary proof of residence may not be insisted if it is not available specially in case of homeless persons, tenants who have disputes with landlords, sex workers etc. • In such cases the BLO or some other officers can verify by visiting the place of residence mentioned in the application form that the applicant actually lives there

23. Supervision and Checks Chief Electoral Officer Superintendence, direction and Control of Elections Under sub-Section (3) of Section 13 AA of RPA 1950 DEO Coordinate and Supervise all work related to Elections ERO • Test checks quality of disposal of Forms 6,7,8, and 8A • 10% of Forms disposed by AEROs AERO • Randomly field verifies 1% of • entries in Roll Supervisor • Verify 5% of each of BLOs work BLO • Proper verification of Forms 6,7,8, and 8A

24. Suo- Motu Action by ERO after Draft Publication ERO may direct the inclusion of names of electors in Roll if statements are received after Draft publication (Form 1 – Rule 7 of RER 1960) ERO will check the enumeration slips for intensive revision and claim application/ manuscript for summary revision, to ensure the addition/deletion/ NBW (non-bail able warrant) of all the respective entries under the title ERO will prepare the list of entries for inclusion, deletion and display on the notice board with time and place where actions would be taken Unexecuted non-bailable warrant (NBW) cases Person who is unexecuted for a period of 6 months or more is not considered as the ordinary resident of the address mentioned ERO may take suo-motu action of deleting the name after giving due notice with date and time of hearing

25. Appeal Against ERO's Decision ERO's decision can be appealed to Appellate Officer in Form of a memorandum under rule 23 of RER, 1960 Appeal can be for the decisions under rule 20, 21 and 21A of RER only The appeal cannot be considered if he has not availed himself of the right to be heard or make representation to the EROs On receiving an appeal, the Appellate Officer would - check if the appeal is received in time. Time-barred appeals would be rejected - call for the records of the concerned ERO - give opportunity to ERO to be heard shall take the necessary actions and dispose the appeal in maximum 3 weeks The changes made shall be considered from the date of decision taken ERO to make the changes after the decision taken