Electors and Electoral Rolls

(1) For each of the wards or constituencies into which the area of a Panchayati Raj Institution is divided under this Act, there shall be prepared and maintained in the prescribed manner by or under the supervision of the State Election Commission an electoral roll thereof.

(2)Subject to the provisions of Sub-sec. (3) to (6), every person who -

a) is not less than eighteen years of age on the qualifying date, and

b) is ordinarily resident in a ward or constituency of the Panchayati Raj Institution concerned

shall be entitled to be registered in the electoral roll for the ward of constituency.

Exlplanation - (i) "Qualifying date", in relation to the preparation or revision of every electoral roll under this Act, means the 1st day of January of the year in which it is so prepared or revised. . (ii) A person shall not be deemed to be ordinarily resident in a ward or constituency on the on the ground only that he owns, or is in possession of, a dwelling house therein.

(iii) A person absenting himself temporarily from his place of ordinary residence shall not, by reason thereof, cease to be ordinarily resident therein.

(iv) A member of Parliament or of the State Legislature shall not, during the term of his office, cease to be ordinarily resident in the ward or constituency in the electoral roll of which he is registered as an elector at the time of his election as such member, by reason only of his absence from that ward or constituency in connection with his duties as such member.

(v) A person who is a patient in any establishment maintained wholly or mainly for the treatment of persons suffering from mental illness or any other illness involving long treatment or who is detained in prison or in legal custody at any other place, or is residing in a hostel for study or is residing in a hotel etc., as a casual visitor shall not, by reason thereof, be deemed to be ordinarily resident therein.

(vi) If in any case a question arises as to where a person is ordinarily resident at any relevant time, the question shall be determined with reference to all the relevant facts of the case and in accordance with such rules as may be made in this behalf.

(3)A person shall be disqualified for registration in the electoral roll for the ward or constituency if he-

a) is not a citizen of India; or

b) is of unsound mind and stands so declared by a competent Court; or (i) "Qualifying date", in relation to the preparation or revision of every electoral roll under this Act, means the 1st day of January of the year in which it is so prepared or revised.

(ii) A person shall not be deemed to be ordinarily resident in a ward or constituency on the on the ground only that he owns, or is in possession of, a dwelling house therein.

(iii) A person absenting himself temporarily from his place of ordinary residence shall not, by reason thereof, cease to be ordinarily resident therein.

(iv) A member of Parliament or of the State Legislature shall not, during the term of his office, cease to be ordinarily resident in the ward or constituency in the electoral roll of which he is registered as an elector at the time of his election as such member, by reason only of his absence from that ward or constituency in connection with his duties as such member.

(v) A person who is a patient in any establishment maintained wholly or mainly for the treatment of persons suffering from mental illness or any other illness involving long treatment or who is detained in prison or in legal custody at any other place, or is residing in a hostel for study or is residing in a hotel etc., as a casual visitor shall not, by reason thereof, be deemed to be ordinarily resident therein.

(vi) If in any case a question arises as to where a person is ordinarily resident at any relevant time, the question shall be determined with reference to all the relevant facts of the case and in accordance with such rules as may be made in this behalf.

(3) A person shall be disqualified for registration in the electoral roll for the ward or constituency 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 prectices and other offences in connection with elections.

(4) The name of any person, who becomes so disqualified after registration shall forthwith be struck off the electoral roll prepared under this Act:

Provided that the name of any person struck off the electoral roll of a ward or constituency by reason of a disqualification under Clause (c) of Sub-sec. (3) shall forthwith be re- entered in that roll, if such disqualification is, during the period such roll is in force, removed under any law authorizing such removal.

(5) No person shall be entitled to be registered in the electoral roll for more than one ward or constituency of any Panchayati Raj Institution in the State.

(6) No person shall be entitled to be registered in the electoral roll of a ward or constituency more than once.