Why Registration

General Principles of Voter Registration

Why to Register? • RP Act 1951 allows only those to vote whose names are in the current electoral rolls of the constituency. • The fairness of an election is directly related to correctness of the electoral roll. • The representative form of government requires inclusiveness of all eligible persons as electors.

Who can be Registered ? • Every person can be registered in an Electoral Roll of the Constituency who is – a citizen of India – not less than 18 years of age on the qualifying date – is ordinarily resident in the Constituency Who is ‘Ordinarily Resident’ ? No definition is given under RP Act,1950, however a person is considered ordinarily resident if: • s/he uses that place for sleeping • her/his temporary absence from that place due to employment or pleasure does not disqualify from being considered • s/he possesses the ability and intention to return to that place

Exceptions to General Principles of Ordinary Residence • Members of Parliament and State Legislatures can be registered in their home Constituencies even if that is not their normal place of residence • Inmates of jails and other legal custody, hospitals, beggar homes etc. are not included in the Electoral Roll of that Constituency • Eligible students living in hostel or mess can either be registered as ordinarily resident in the place where hostel or mess is located or at their residence with their parents.

Exceptions to General Principles of Ordinary Residence • Service voters i.e. members of armed forces can be registered at their native place. Native place could be same or different from place of posting (Detailed discussions in later slides). • Persons holding declared offices i.e. President, Ministers etc. (see paragraph 10 chapter 3 of Handbook of EROs) can be registered in the Constituency where they would be ordinarily resident were they not holding the said office, if they have given statement in Form 1 of RER, 1960

Disqualification for Registration in an Electoral Roll • Under Section 16 of RPA 1950, a person is disqualified for registration if: – Not a citizen of India – Of unsound mind, only if declared so by the competent court – Temporarily disqualified from voting under any law relating to corrupt practices and other electoral offence – If already registered, name is struck off the roll, if disqualification removed under any law, name is reinserted

– A person is disqualified for voting at any election if: • Convicted an offence punishable under Section 171E or 171F of IPC or Section 135/136(2) (a) of RPA, 1951 for 6 years • Disqualified by a decision of the President under Section 8(A) of RPA, 1951 for the period specified by the President. • Person can only be registered only once in an Electoral Roll of only one Constituency under Section 17 & 18 of RPA, 1950 (name can be registered only at one place, but it can be transposed from one place to another)

Penal Provisions 1.

2.

Breach of Official Duty: – ERO or AERO are punishable under Section 32 of RPA,1950 if found guilty of any act or omission related to the preparation, revision and correction of an Electoral Roll. – Court takes action against such offence only if the complaint is lodged by ECI or CEO of the State – Punishable with imprisonment of minimum three months, maximum two years and fine – No suit or other legal proceedings can take place against such officer. Making False Declaration: – Any person is punishable under Section 31 of RPA 1950 if he makes any false written statement which he believes to be false in relation to preparation, revision and correction of Electoral Roll – Offence is non-cognizable, bailable under Section 31 of RPA,1950 and is based on a written complaint by aggrieved person – Period of limitation starts on the date of the order passed by ERO