Chapter VI PREPARATION OF ELECTORAL ROLLS

(1) For every constituency in a village panchayat there shall be prepared an electoral roll in accordance with the provisions of this act. (2)The draft electoral roll shall be published in the 22[respective] panchayat office, the village office and 23[................] at the headquarters of the block and the taluk office, for facilitating the voters to verify the same and the final list shall be published after taking decisions on the objections and the applications. (3)The electoral rolls for the constituencies of block panchayats and district panchayats shall consist of the electoral rolls for all the constituencies of the village panchayat comprised within the constituencies of the block panchayat or, as the case may be, of the district panchayat and it shall not be necessary to prepare or revise separate electoral rolls for such constituencies.

22[respective] panchayat office, the village office and

23[................] at the headquarters of the block and the taluk office, for facilitating the voters to verify the same and the final list shall be published after taking decisions on the objections and the applications. (3)The electoral rolls for the constituencies of block panchayats and district panchayats shall consist of the electoral rolls for all the constituencies of the village panchayat comprised within the constituencies of the block panchayat or, as the case may be, of the district panchayat and it shall not be necessary to prepare or revise separate electoral rolls for such constituencies.

(1) A person shall be disqualified for registration in an electoral roll if he, - (a)is not a citizen of India; or (b)is of unsound mind and stands so declared by a competent court; or (c)is for the time being disqualified from voting under the provisions of any law relating to corrupt practices and other offences in connection with elections. (2) The name of any person who becomes so disqualified after registration shall forthwith be struck off the electoral roll in which it is included. Provided that the name of any person struck off the electoral roll of a constituency by reason of a disqualification under clause (c) of sub-section (1) shall forthwith be reinstated in that roll it such disqualification is during the period such roll is in force, removed under any law authorising such removal.

1. (2) The name of any person who becomes so disqualified after registration shall forthwith be struck off the electoral roll in which it is included. Provided that the name of any person struck off the electoral roll of a constituency by reason of a disqualification under clause (c) of sub-section (1) shall forthwith be reinstated in that roll it such disqualification is during the period such roll is in force, removed under any law authorising such removal.

No persons shall be entitled to be registered in the electoral roll for more than one constituency.

No person shall be entitled to be registered in the electoral roll, for any constituency more than once.

Subject to the foregoing, provisions of this chapter, every person who: - (a)is not less than eighteen years of age on the qualifying date; and (b)is ordinarily resident in a constituency, shall be entitled to be registered in the electoral roll for that constituency. Substituted by Act 7 of 1995. Omitted by I bid

Substituted by

Act 7 of 1995. Omitted by I bid

resident in a constituency on the ground only that he owns, or is in possession of, a dwelling house therein. (2)A person absenting himself temporarily from his place of ordinary residence shall not by reason thereof cease to be ordinarily resident therein. (3)A member of Parliament or of the State Legislature or President or Vice-President of a Panchayat at any level shall not during the term of his office cease to be ordinarily resident in the constituency, in the electoral roll of which he is registered as an elector, at the time of his election as such member, or President or Vice President by reason only of his absence from that constituency in connection with his duties as such member or President or Vice-President, as the case may be. (4)A person who is a patient in any establishment maintained wholly or mainly for the reception and treatment of persons suffering from mental illness or mental defectiveness, or who is detained in prison or other legal custody at any place, shall not by reason thereof only be deemed to be ordinarily resident therein. (5)If in any case a question arises as to whether a person is ordinarily resident at a place at any relevant time, the question shall be determined by the Election Commission with reference to all the facts of the case and to such rules as may be made in this behalf.

(1) The electoral roll for each constituency in a village panchayat shall be prepared in the prescribed manner by reference to the qualifying date and shall come into force immediately upon its final publication in accordance with the rules made under this Act. (2)The said electoral roll - (a)shall, unless otherwise directed by the State Election Commission for reasons to be recorded in writing, be revised in the prescribed manner by reference to the qualifying date - (i)before each general election to a panchayat at any level; and (ii)before each bye-lection to fill a casual vacancy in a seat allotted to the constituency. (b)shall be revised in any year in the prescribed manner by reference to the qualifying date if such revision has been directed by the State Election Commission: Provided that if the electoral roll is not revised as aforesaid, the validity or continued operation of the said electoral roll shall not thereby be affected. (3)Notwithstanding anything contained in sub-section (2) the State Election Commission may at any time, for reasons to be recorded, direct a special revision of the electoral roll for any constituency or part of a constituency in such manner as it may think fit: Provided that subject to the other provisions of this Act, the electoral roll for the constituency, as in force at the time of the issue of any such direction, shall continue to be in force until the completion of the special revision so directed.

Provided that subject to the other provisions of this Act, the electoral roll for the constituency, as in force at the time of the issue of any such direction, shall continue to be in force until the completion of the special revision so directed.

If the electoral registration officer for a constituency, on application made to him or on his own motion, is satisfied, after such inquiry as he thinks fit, that any entry in the electoral roll of the constituency, of a panchayat, - (a)is erroneous of defective in any particular; or (b)should be transposed to another place in the roll on the ground that the person concerned has changed his place of ordinary residence within the constituency; or (c)should be deleted on the ground that the person concerned is dead or has ceased to be ordinarily resident in the constituency or is otherwise not entitled to be registered in that roll, the electoral registration officer shall, subject to such general, or special directions, if any, given by the State Election Commission in this behalf, amend, transpose or delete the entry: Provided that before taking any action in any ground under clause (a) or clause (b) or any action under clause (c) on the ground that the person concerned has ceased to the ordinarily resident in the constituency or that he is otherwise not entitled to be registered in the electoral roll of that constituency, the electoral registration officer shall give the person concerned a reasonable opportunity of being heard in respect of the action proposed to be taken in relation to him.

(1) Any person whose name is not included in the electoral roll of a constituency may apply to the electoral registration officer for the inclusion of his name in that roll. (2)The electoral registration officer shall, if satisfied that the applicant is entitled to be registered in the electoral roll of that constituency, direct in writing that his name be included therein: Provided that if the applicant is registered in the electoral roll of any other constituency, the electoral registration officer shall inform the electoral registration officer of that other constituency and that officer shall, on receipt of the information, strike off the applicant’s name from that roll: (3)No amendment, transposition or decision of any entry shall be made under section 23 and no direction for the inclusion of a name in the electoral roll of a constituency shall be given under this section after the last date for making nominations for an election in that constituency and before the completion of that election.

An appeal shall be within such time and in such manner, as may be prescribed, to the district election officer from any order of the electoral registration officer under section 23 or section 24.

24 and every appeal under section 25 shall be accompanied by the prescribed fee which shall, in no case, be refunded.

(a)the preparation, revision or correction of an electoral roll; or (b)the inclusion or exclusion of any entry in or from an electoral roll, a statement or declaration in writing which is false and which he either, known or believes to be false or does not believe to be true, he shall be punishable with imprisonment for a term which may extend to two years or with fine which may extend to five thousand rupees or with both.

(1)If any electoral registration officer, assistant electoral registration officer or other person required by or under this Act to perform any official duty in connection with the preparation, revision or correction of an electoral roll or the inclusion or exclusion of any entry in or from that roll, is without, reasonable cause, guilty, of any act or omission in breach of such official duty he shall be punishable with fine which shall not be less than one thousand rupees. (2)No suit or other legal proceeding shall lie against any such officer or other person for damages in respect of any such act or omission is aforesaid. (3)No court shall take cognizance of any offence punishable under sub-section (1) unless there is a complaint made by order of or under authority from, the State Election Commission. Added by Act 13 of 1999.