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Legal Provisions on Voter Registration

Overview of the key sections and rules related to voter registration in India

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Legal Provisions on Voter Registration

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  1. Legal Provisions on Voter Registration

  2. 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.

  3. 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.

  4. 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.

  5. Section 2 defines “Election Commission” as the Commission appointed by the President under Article 324 of the Constitution of India. Section 13B(1) provides for designation or nomination of ERO by ECI Section 13A provides for a Chief Electoral Officer in each State. Section 13B(2) The ERO can employ various persons for the preparation and revision of the Electoral Roll for the AC. Section 13AA provides for the nomination by the ECI of an officer to be the District Election Officer. 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

  6. 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 17 No person can register in more than one Constituency. Section 20 gives the meaning of “ordinarily resident”. IMPORTANT SECTIONS

  7. 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 31 is a penal clause for making false declarations. Section 23 provides for the powers of the ERO/AERO to include names in the 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. 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. IMPORTANT SECTIONS

  8. 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.

  9. Registration of Electors Rule, 1960 (RER) There are 6 Parts in RER containing 35 rules and 22 prescribed Forms. THE PARTS ARE AS FOLLOWS 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.

  10. IMPORTANT RULES Rule 2(d) defines “Registration Officer” as the ERO of a Constituency and includes AERO. Rule 4 The 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 arranging in alphabetical order also. Rule 8 The ERO/AERO can call for information from the occupants of dwelling houses in Form 4.

  11. IMPORTANT RULES Rule 8A Provides for issuing public notification by CEO for registration of persons as Overseas electors. 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 the public and publicize in any other manner as considered necessary.

  12. IMPORTANT RULES 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. 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 14 There 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.

  13. IMPORTANT RULES Rule 15 provides 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 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 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.

  14. IMPORTANT RULES 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 20 gives procedure for inclusion of those names which may have been left out due to inadvertence or error during Roll preparation. 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.

  15. 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 33 provides for making available attested copies of the Electoral Rolls to applicants and also permitting inspection. 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.

  16. The Forms prescribed under RER are as follows:

  17. The Forms prescribed under RER are as follows:

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