VOTER REGISTRATION 1 What is an Electoral

VOTER REGISTRATION 1

What is an Electoral Roll? ? As per Sec. 15 of RP Act, 1950, for every constituency there shall be an electoral roll which shall be prepared under the superintendence, direction and control of the Commission. 2

What is the importance of Voter Registration? ? For a free and fair election, quality of elector registration process and electoral rolls is the most important pre-requisite. Electoral malpractices like bogus voting and impersonation, in a large part, result from defective system of voter registration. 3

What is the importance of Voter Registration? ? The officials responsible for voter registration are required to be thorough in all relevant rules and laws. Any erroneous application of law will violate the accuracy of rolls and will affect the purity of election. 4

Registration Process in India The Constitution of India has entrusted the voter registration and preparation of electoral rolls (voters lists) to an independent authority, i. e. the Election Commission of India. The superintendence, direction and control of whole process of voter registration in Election Commission of India [Article 324 (1)] 5

Registration process In India The basic law governing voter registration in India is the Representation of People Act, 1950 passed by the Indian Parliament and the Registration of Electors Rules, 1960 ; made thereunder. The preparation and revision of Electoral Roll is carried out under this framework of law 6

Registration process In India Registration process in India is a continuous process. The electoral rolls are revised annually with reference to 1 st January of the year as qualifying date. Publication of draft of electoral roll for information of general public and inviting claims and objections. 7

Basically revision of electoral rolls in India are of two types- intensive and summary. The basic unit of revision process is part or polling station which has ordinarily 2000 persons. Part No. of electoral rolls and Sl. No. of polling station is to be same. 8

Polling Stations • Well defined and compact geographical areas in which a constituency is divided. • For each such area, a polling station is provided for polling by the electors of the part of Electoral Roll corresponding to each of the polling station. • Number and name of polling station indicated on title page of part of the Roll and part number of Roll and polling station number shall invariably be same. • A polling station should not be at a distance of more than 2 kilometers. • Each revenue village with more than 300 elector’s population should be provided with an independent polling station. • Independent polling station are identified for vulnerable sections. • In case of rural areas not more than 2 and in urban areas not more than 4 polling stations provided in a polling location. 9

Basically revision of electoral rolls in India are of two types- intensive and summary. The basic unit of revision process is part or polling station which has ordinarily 2000 persons. Part No. of electoral rolls and Sl. No. of polling station is to be same. 10

Electoral Rolls for Assembly and Parliamentary Constituency Electoral Rolls are prepared for Assembly Constituency (AC) under the provisions of RP Act 1950 No separate Electoral Roll for Parliamentary Constituency (PC) is maintained as that PC consists of Electoral Rolls for all its ACs Electoral Rolls are organized as geographically defined Parts which are further organized into Sections and households PC AC AC Parts Sections Each Part has an identified Polling Station where electors cast their votes on the poll day Locality Area Households 11

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Forms of Claims and Objections • Claims and Objections during Revision • For an accurate and error-free Electoral Roll, different types of claims and objections such as addition/deletion/ transposition/ correction, are cleared by ERO/DO/BLO • Forms of Claims, Objections and Corrections • The applicants applying for addition / deletion / correction / transposition should fill the following Forms • Form 6 – Inclusion of name (Service personnel to attach “Form of declaration”) • Form 6 A – Inclusion of name of overseas electors • Form 7 – Objection/seeking deletion of name • Form 8 – Correction to a particular entry • Form 8 A – Transfer of name from one Part to another Part in same AC 13

As per finally published roll the total electorate is 6676407 Essentially means that 505020 are yet to be enrolled

Important Documents Needed forms For Married Women applying for the first time • Along with form no. 6 - Age Proof - Nationality Proof (Copy of EPIC of parents) - Proof of ordinary residence before marriage and after marriage - Copy of proof of marriage (Marriage Registration Certificate) - Linkage of spouse (if he is an elector of concerned part) • Married Woman with no proof of marriage - it is a special case and thus E. R. O. will have to be convinced of the marriage - BLOs will have to conduct the local inquiry to ascertain the marriage 15

The persons falling in the age group of 18/19 years constitute the biggest block of eligible persons who are yet to be enrolled as elector. As against 4, 74, 369 persons (3. 70%) only 118, 562 (0. 92) persons have been enrolled in the electoral rolls. Therefore the enrollment of the persons falling in the age group of 18/19 is the biggest target group of our SVEEP plan.

Out of the total persons to be enrolled 355807 are in the age group of 18/19 years.

Layout and Structure of Electoral Roll is divided into convenient ‘Parts’ with identifiable geographical boundary having its individual title page under Sub-rule (1) of Rule 5, RER 1960 This title page is followed by a sketch map of Polling Station area in that Part Followed format by elector details in prescribed Summary sheet is provided at the end of Roll of a Part 18

Layout and Structure of Electoral Roll These Parts are further organized into Sections The electors details are arranged in 8 column format in ‘text Roll’ and with photo in ‘photo Roll’. Last Part of Roll, lists the details of Service Voters (SVs) in English Number of names added in any Part should not exceed 2000 under Rule 5 (4), RER 1960 19

Layout and Structure of Electoral Roll Title Page Sketch Map General Part Elector Details Summary Sheet Last Page Service Voters 20

Text and Photo Roll 45 electors a page Text Roll 30 electors a page Photo Roll 21

Language of Electoral Rolls Annexure 1. 6 Language of Electoral Rolls Table Under Rule 4 of RE Rules, Language of Electoral Roll should be: Published in both majority and minority language where more than 20% of electors speak different languages mentioned in Annexure 1. 6 22

Last Part What is a Last Part? Who is a Service Voter? What forms are to be filled to become as a Service Voter? Where does the Service Voter submit his form? Can a person with service qualification be registered as an ordinary elector? Who verifies the application submitted by a Service Voter? How are the names of Service Voters arranged in the Last Part of the Roll? From which polling station the Last Part is published? In which language list of Service Voters printed? 23

Last Part Service voter is a voter having service qualification as provided in sub-section 8 of Section 20 of the RP Act 1950 Service Qualification under sub Section (8) of Section 20, RPA, 1950 means: ◦ being a Member of armed Forces of Union ◦ being a Member of a force under provisions of Army Act, 1950 applicable with or without modification ◦ being a member of an Armed Police Force of a State serving outside that State ◦ being a person employed under Government of India posted outside the country • Service Voters can be enrolled at their native place even if they are residing at different place OR • They can be enrolled as general elector at the place of their posting where they are ordinarily resident for sufficient time by providing a declaration in the prescribed format (Annexure 5. 5) 24

Some key information If a wife of Service Voter is ordinarily residing with him then she can be enrolled as Service Voter by providing a declaration in Form 2 or 2 A This facility is only available for wife of male Service Voters and not to the husband of female Service Voter During intensive revision, a Service Voter and his wife cannot be enumerated as general electors for inclusion in the preliminary Roll Only those Service Voters who are ordinarily residing with the family for a long span of time at their place of posting, are enumerated as a general voter during enumeration (intensive revision) and through voluntary request made in Form 6 (summary revision) Those Service Voters who are not enrolled in the last Part of Roll of their native Constituency and remained in the place of their posting for sufficient time can be enrolled as general electors in general Part of the Electoral Roll 25

Forms of Claims and Objections • Claims and Objections during Revision • For an accurate and error-free Electoral Roll, different types of claims and objections such as addition/deletion/ transposition/ correction, are cleared by ERO/DO/BLO • Forms of Claims, Objections and Corrections • The applicants applying for addition / deletion / correction / transposition should fill the following Forms • Form 6 – Inclusion of name (Service personnel to attach “Form of declaration”) • Form 6 A – Inclusion of name of overseas electors • Form 7 – Objection/seeking deletion of name • Form 8 – Correction to a particular entry • Form 8 A – Transfer of name from one Part to another Part in same AC 26

List of supporting documents • As per the Commission’s instructions dated 7 th June, 2011, following documents shall be accepted as proof of date of birth : a) Birth certificate issued by a Municipal Authorities or district office of the Registrar of Births & Deaths or Baptism certificate ; or b) Birth certificate from the school (Govt. / Recognised) last attended by the applicant or any other recognised educational institution; or c) If a person is class 10 or more pass, he should give a copy of the marksheet of class 10, if it contains date of birth as a proof of date of birth; or d) Marksheet of class 8 if it contains date of birth; or e) Marksheet of class 5 if it contains date of birth; or f) A declaration in prescribed format given in Annexure-1 made by either of his parents if the person is not educated till class 10 (In those cases where parental declaration is given as proof of age, the applicant will have to be present himself for verification before BLO/ERO/AERO); or g) A certificate of his age given by a sarpanch of the concerned Gram Panchayat or by a member of the concerned Municipal Corporation / Municipal Committee, the person is not educated till class 10 and both the parents are not alive. h) Indian passport. 27

List of supporting documents • As per the Commission’s instructions dated 7 th June, 2011, following documents shall be accepted as proof of place of residence : a) Bank / Kisan / Post Office current Pass Book, or b) Applicant’s Ration Card / Passport / Driving License / Income Tax Return filed or Assessment Order, or c) Latest Water / Telephone / Electricity / Gas Connection Bill for that address, either in the name of the applicant or that of his / her immediate relation like parents etc. , or d) Postal department’s posts received / delivered in the applicant’s name at the given address. 28

Polling Stations • Well defined and compact geographical areas in which a constituency is divided. • For each such area, a polling station is provided for polling by the electors of the part of Electoral Roll corresponding to each of the polling station. • Number and name of polling station indicated on title page of part of the Roll and part number of Roll and polling station number shall invariably be same. • A polling station should not be at a distance of more than 2 kilometers. • Each revenue village with more than 300 elector’s population should be provided with an independent polling station. • Independent polling station are identified for vulnerable sections. • In case of rural areas not more than 2 and in urban areas not more than 4 polling stations provided in a polling location. 29

Points to be discussed Why house no. of an elector in Electoral Roll and that given by the Municipality is not the same? • What should be done if the name of the person, not ordinarily resident is included in the Roll? • Where can an elector checkup if his or her name is there or not in the Roll? • Case Studies 1. In one family their daughter-in-law, Sarita being a family member was a part of the electoral roll for that household. But she has been driven out of the house by the in-laws. Now to establish proof that Sarita does not stay in the household any more, her in-laws submit Form-7 for her. Sarita has not been legally divorced with her husband, nor the family produces and such document. Even the family is reluctant to give any information of her present residence. What can the BLO do in such a situation? 30

Case Studies 2. 3. A BLO visits an orphanage located in his Part, where ohphans are brought up and looked after from infancy. He finds that ‘A’ is eligible for enrolment as an elector. But ‘A’ is not in a position to give the names of either his father or mother. ‘B’ too is eligible for enrolment as an elector and he reveals the true name of his biological mother. What shall BLO enter in the column meant for father’s/mother’s/husband’s name for ‘A’ and ‘B’? And what shall BLO enter in the relationship column in such cases. In one ‘Ashram’ or ‘Akhada’ a ‘Sadhu’ or ‘Saint’ is eligible to be an elector. He does not reveal his worldly name but insists to be enrolled in his rechristened name with suffix of his Guru’s name instead of his father. What does BLO enter in the columns related to name of father/mother/husband in column related to relationship? 31

Case Studies 4. 5. An elector is enrolled in Part no. 35 of a particular AC. His name is in section-4, i. e. Satyam society. Now he has shifted to Riddhi. Siddhi colony which falls in section-2 of the same Part. What is required to be done by the BLO to update his entry in the electoral roll? The BLO reaches the house of Mr. X unknown to the BLO the son of Mr X, that is, Mr. Y is wanted in a criminal case. Mr. X fills Form-7 for the deletion of name of Mr. Y on the pretext that his son has shifted to another State. Next when the BLO visits the neighbor of Mr. X, the neighbor informs the BLO that Mr. Y still stays there and that he is hiding from the Police. Should the BLO delete the name of Mr. Y on the basis of Form-7 filled by his father? 32

Penal Provisions 1. 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. 2. 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

An African Saying The best time to plant trees was 20 years ago The next best time is now 34

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