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

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Legal Provisions on Voter Registration

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Legal provisions on voter registration

Legal Provisions on Voter Registration


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.


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.


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.


Legal provisions on voter registration

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


Legal provisions on voter registration

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


Legal provisions on voter registration

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


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.


Legal provisions on voter registration

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.


Legal provisions on voter registration

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.


Legal provisions on voter registration

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.


Legal provisions on voter registration

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.


Legal provisions on voter registration

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.


Legal provisions on voter registration

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.


Legal provisions on voter registration

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.


Legal provisions on voter registration

The Forms prescribed under RER are as follows:


Legal provisions on voter registration

The Forms prescribed under RER are as follows:


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