General Principles of Voter Registration

1
General Principles of Voter Registration
2
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.

3
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

4
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.

5
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

6
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 re-inserted

7

• 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)

8
Penal Provisions

• 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