Electoral Process and Election Commission in India

1. The Representation of the People Act, 1950 1

2. Constitution of India Article 324- The superintendence, direction and control of the preparation of the electoral rolls for, and the conduct of, all elections to Parliament and to the Legislature of every State and of elections to the offices of President and Vice- President held under this Constitution shall be vested in a Commission. Article 325- There shall be one general electoral roll for every territorial constituency for election to either House of Parliament or to the House or either House of the Legislature of a State and no person shall be ineligible for inclusion in any such roll or claim to be included in any special electoral roll for any such constituency on grounds only of religion, race, caste, sex or any of them.

3. Constitution of India- Article 326- The elections to the House of the People and to the Legislative Assembly of every State shall be on the basis of adult suffrage; that is to say, every person who is a citizen of India and who is not less than 18 [eighteen years] of age on such date as may be fixed in that behalf by or under any law made by the appropriate Legislature and is not otherwise disqualified under this Constitution or any law made by the appropriate Legislature on the ground of non-residence, unsoundness of mind, crime or corrupt or illegal practice, shall be entitled to be registered as a voter at any such election. 3

4. The Representation of the People Act,1950 Defines Election Commission as the Section Commission appointed by the President under Article 324 of the Constitution of India. 2- Section 3- Allocation of seats in the House of People- Allocation of seats and number of seats ,if any to be reserved for the scheduled castes and scheduled tribes of each state shall be made as per First Schedule. Section 4 - Filling of seats in the House of the People and Parliamentary constituencies-To be filled by persons chosen by direct election –single member constituency.

5. 7-Total number of seats in Legislative Section Assemblies and Assembly Constituencies-To be filled by persons chosen by direct election and number of seats to be reserved for the scheduled castes and scheduled tribes of the state-single member constituency. Section 9- Power of Election Commission to maintain Delimitation Order up to date – The Election Commission may from time to time , by notification published in the Gazette of India and in the Official Gazette of the State concerned correct any printing mistake or error arising therein. Every notification under this section shall be laid before the House of People and the Legislative Assembly of the state concerned.

6. Section 13A – Provides for a Chief Electoral Officer for every state , in consultation with the State Government, who will supervise the preparation, revision, correction of all electoral rolls in the state, subject to the superintendence, direction and control of the Election Commission. Section -13AA – Provides that for each district in a state, the Election Commission shall , in consultation with the Government of the State, designate or nominate a District Election Officer who shall be an officer of the Government.

7. The Election Commission may also designate more than one such officer when the Commission is satisfied that the function of the office cannot be performed satisfactorily by one officer. While making such nomination, specification of area in respect of which each such officer shall exercise jurisdiction should be met. The District Election Officer shall co-ordinate and supervise all work in the district in preparation and revision of electoral superintendence, direction and control of the Chief Electoral Officer. roll subject to the

8. Section 13B – Electoral Registration Officer - The Electoral Roll shall be prepared and revised by an Electoral Registration Officer who shall be an officer of the Government or of a local authority as the Election Commission may, in consultation with the Government of the State, designate or nominate in its behalf. Section 13B(2) – An Electoral Registration Officer may, subject to any prescribed restrictions, employ such persons for the preparation and revision of electoral rolls for the constituency(Like BLO).

9. Section 13C – Assistant Electoral Registration Officer – The Election Commission may appoint one or more persons as Assistant Electoral Registration Officer to Registration Officer in the performance of his functions. He shall be competent to perform all or any of the functions of the Electoral Registration Officer. assist any Electoral

10. Section 13CC – Chief Electoral Officer, District Election Officer, – Electoral Registration Officer, Assistant Electoral Registration Officer or any officer or staff shall be deemed to be on deputation to the Election Commission for the period during which they are so employed and shall be subject to control, superintendence and discipline of the Election Commission. Section parliamentary constituency shall consist of the electoral roll for all the assembly constituencies, comprised within that parliamentary constituency (except Jammu & Kashmir or an UT not having Legislative Assembly). 13D – The electoral roll for any

11. Section 14(2)- Defines ‘qualifying date ’as the 1st January of the year in which roll is so prepared or revised. For every constituency , there shall be an electoral roll which shall be prepared in accordance with the provisions of this act under the superintendence, direction and control of the Election Commission. Section 15- For every constituency there shall be an electoral roll prepared under SDC( Superintendence, direction and control) of the Commission. 11

12. Section 16(1) Electoral Roll: a) Not being citizen of India b) Being of unsound mind and stands so declared by a competent court. c) Disqualified for the time being from voting for corrupt practices and other offences in connection with elections Disqualification for registration in Section 16(2) disqualified. Reinstatement of names on removal of disqualification under 16(1)(c) Name to be struck off on being

13. Section 17 -No person can register in more than one constituency . Section 18 -No person can be registered more than once in any Constituency. Section 19- Conditions for registration- Every person is entitled for registration if he – (a) is not less than 18 yrs on qualifying date (b) is ordinarily resident in that constituency. 13

14. Section 20 --Deals with the term resident”. It does not define the term but explains as,  A person shall not be deemed to be ‘ordinarily resident’(OD) in the constituency on the ground only that he owns or is in possession of a dwelling unit therein. A person absenting himself temporarily from his place of ordinary residence shall not for this reason cease to be OD therein. “ordinarily  Exception to OD are sitting MPs/MLAs, persons undergoing treatment in a mental hospital or detained in prison or other legal custody shall not be treated as OD in that hospital or prison or place of legal custody . 14

15. Declared office holders, persons with service qualifications wife of a declared office holder/ person with service qualification. They are deemed to be ordinarily resident in the constituency even though they may be absent from their place , in connection with their duty or otherwise. Service qualification’ means- being a member of armed forces, being a member of a force to which the Army Act 1950 applies, persons employed by GOI outside India and member of armed police force of a State posted outside the State.  If a question arises as to whether or not a person is ordinarily resident of a place , it is QUESTION OF FACT, to be decided by the ERO on the basis of facts/evidences, with due application of mind. 15

16. Section 20 A has been inserted for Overseas electors. Section 21-Preparation and revision of electoral rolls;  The roll of each constituency shall be prepared in the prescribed manner by reference to the qualifying date and shall come into force immediately after final publication. Roll shall be revised , unless otherwise directed by the ECI for reasons to be recorded in writing, before every general /bye election,  Even if the roll is not revised the validity and continued operation of the existing roll shall not be affected.  Election Commission may , order , for reasons to be recorded, special revision of a constituency or a part thereof, in the manner prescribed by the law.. 16

17. Section 22- Correction of entries in electoral rolls Electoral Registration Officer , on an application or own motion, can amend/transpose/delete an entry on the ground of erroneous or defective entry, transposition of the elector due to his changed place of ordinary residence within the constituency ,being dead ,ceasation of being an ordinary residence in the constituency or if not entitled to be registered in the roll. In all such cases, ,a reasonable opportunity of being heard be given. 17

18. Section 23- Inclusion of names in electoral rolls Electoral Registration Officer, if satisfied, can include a person’s name in the electoral roll , on receipt of an application . If an applicant is already registered in any other constituency, the ERO shall inform the ERO of that constituency who shall strike off the name of such person from that roll. No inclusion can be effected after last date of the nomination and till completion of the election.

19. Section 24 –Appeal against the order of the Electoral Registration Officer u/s 22 or 23 will lie before the DM/ADM/Executive Magistrate/District Collector. A further appeal against the order of the DM/Collector will lie before the Chief Electoral Officer of the state. Section 28-Power to make rules- The Central Govt, after consulting the Election Commission by notification in official gazette make rules for carrying out the purpose of this Act. Section 29- Every local authority shall make available to Electoral Registration Officer such staff as necessary for preparation and verification of the electoral roll. 19

20. Section 30- Jurisdiction of civil courts barred on decisions taken by an Electoral Registration Officer on question of registration in the roll. Section 31- Making false declaration in connection with preparation , revision or correction of electoral roll is punishable with imprisonment up to one year or fine or both. Section 32- Breach of official duty in connection with preparation etc of the electoral roll- offence punishable with imprisonment up to 2 years and fine . No suit for damages can be filed . No court to take cognizance of such offence unless there is a complaint made under the orders of ECI or the CEO of the state. Thanks

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