Claims & Objections - Handout

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Procedure for disposal of Claims and
Objections
General Introduction to Roll Revision
Roll Revision
For free and fair election different types of Roll revisions are very important prerequisite
ERO Role towards Roll revision process:
To conduct the Roll Revision process as per Law and direction of ECI.
ERO has to
notify the Roll revision
program in Form 5
(appended in RER,
1960)
publicize widely
through
advertisements, CEO's
website etc.
provide minimum 15 and
maximum 30 days for filing
claims and objections (under
rule 12 RER, 1960)
not accept any
application after the
last date/specified time
period announced
inquire the claims of all
Forms 6,7,8,8A (under
Rule 20 of RER,1960)
look into the applications for
modification of the Draft Roll
like addition, deletion etc. by
calling claims and objections
ERO can suo-motu include/delete names which may have been inadvertently
deleted/added respectively, in the Draft Roll during revision process (except during
Continuous Updation), after following due procedure
Forms of Claims and Objections
•Claims and Objections during Revision
•For an accurate and error-free Electoral Roll claims and objections are made for
addition/deletion/ transposition/ correction of entries in the electoral rolls
•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 6A – Inclusion of name of overseas electors
•Form 7 – Objection to addition/seeking deletion of name
•Form 8 – Correction to a particular entry
•Form 8A – Transposition of name from one Part to another Part in same AC
•Form 8B - Deletion
Receipt of Forms of Claims and Objections
• During summary revision - No Forms of claims or
•
•
•
objection are to be accepted after the prescribed
last day of filling Forms. During continuous
updation period forms can be received any time
Forms can be received by ERO/AERO or any
officer designated by ERO under Rule 14(a),
RER, 1960 like DO/BLO. During summary
revision designated officers sit at polling stations
to receive forms. ERO can make other
arrangements to receive forms such as on-line
applications, drop boxes, common service centers
etc.
Forms can also be sent by post directly to the
concerned ERO
DEOs/EROs prescribe the holidays and non
working days and non working hours as duty
period for teachers appointed as DO/BLOs
Form 6
Form 7
Form 8
Form 8A
Receipt of Forms of Claims and Objections
•
•
•
Non teaching staff as BLOs remain onduty throughout the prescribed period
(irrespective different working hours and
if institution is closed)
Only individual applications are to be
accepted, except for an individual
presenting the applications of the same
households
Lists of Forms received shall be displayed
at DEO's notice board, ERO’s notice
board, Polling Station notice board,
Website of CEO
Form 6
Form 7
Form 8
Form 8A
Preliminary Checking of Forms
•
BLO/DO/AERO/ERO should not receive Forms ‘in
bulks’
• Bulk application – applications that are submitted by
one person on behalf of many persons not belonging to
the same family
• After proper verification, acknowledgement/receipt
should be given to the applicant
• It should be noted that
• Form is not submitted as Part of bulk or in bulk
• Form is not unsigned or without thumb impression
(rule 17 of RER, 1960)
• No column in the Form is left blank
Preliminary Checking of Form 6
• Applicants shifting residence in the same Constituency should be
guided to file application in Form 8A and not Form 6 for
transposition of entry
• Details of the immediate family members (father, mother,
husband, siblings) already enrolled in the current Rolls should be
indicated for applicants applying for the first time on attaining age
18 years.
• Date of birth and age should be indicated. Where age is not
known, approximate age as on qualifying date should be written
• For applicants between age 18-25 years, name and relation should
be checked with respect to the applicant’s family members already
enrolled
• Underage applicant should not get enrolled
• EPIC details should also be reflected in the Form
• Non EPIC holders of 25+ age-group should give a declaration in
the Form as given in Annexure 5.7
Preliminary Checking of Form 6
Annexure 5.7 – For an Elector of 25 + age group not having an EPIC
Preliminary Checking of Form 6
• Part II of Form 6 –complete address ordinary residence address with proof should
be checked. The proof can be any of the following documents – Bank/Kisan/Post
Office/Pass Book/ Ration card/Driving license/Passport/ Gas
connection/Telephone/Electricity/Water bill etc.
• If an applicant has been staying at an address for one year or more but not
enrolled, then the circumstances why s/he has not applied should be ascertained
and recoded on the application Form
• Applicants should be advised to fill in the details like Part no., serial no. and EPIC
no. of their immediate family members in Part III of Form 6
• The applicant must fill Part IV related to the full details of previous enrollment
especially the address
• The declaration of Part IV, at the end of Form 6 should be complete in all
respect
• Check that a declaration of non-inclusion of name, should be attached by Service
personnel along with Form 6
Preliminary Checking of Form 7 and 8
• Form 7
• Form should not be received without details of the objector and person
objected to.
• The Form without complete details may be rejected under rule 17
• Form 8
• Forms should have the exact details of the entries to be corrected in Part
IV
• The applicant must attach the supporting documents wherever needed
Handling the Forms Received
• Every DO and BLO should prepare list of the entries in duplicate for
• claims in Form 9
• objection to the inclusion of names in Form 10
• objection to particular details in Form 11
• applications for transposition in Form 11A
• DO/BLO should display the copies of these Forms on notice board at DO's office
of the area
• The DO should maintain the lists under Rule 15 of RER, 1960
• EROs should also maintain the 4 lists of Forms under rule 16 of RER, 1960 and
enter the entries directly received from AERO / DO/BLO
• ERO should keep the exhibited list on notice board till the disposal of claims and
objections
• ERO should get all forms computerized in ERMS as soon as they are received so
that they become visible on the CEO website and can be tracked by the applicant
on the website and by SMS
• Further action on forms is taken only after they become visible on CEO website
Disposal of Claims and Objections
• EROs should ensure that all the applications received are disposed in accordance
with law and direction
• All Form 6 without particulars of previous EPIC and more than 25 years of age
should be checked and confirmed that they are not enrolled in some other area
• All Forms 6 with previous EPIC details should be enrolled by informing the ERO
of the previous area to delete the entry from that area and transfer the photo that
concerned elector
• ERO may refer applications (Form 6,7,8,8A) to the AERO for disposal in
accordance with law and both ERO and AERO can get the details locally verified
by the verifying officers
• ERO can reject the claims/objections not received during the period mentioned,
under rule 17 of RER, 1960
• ERO may directly allow the entry in the Roll under rule 18 of RER, 1960, if
he/she is satisfied with the details or may verify in case if doubt
Disposal of Claims and Objections
• ERO may ask the verifying Officer (Designated Officer, BLO etc.) to verify facts
and receive entries with remarks in small batches either daily, weekly or whenever
the number of applications exceed 50
• An individual notice with date and time of hearing should be sent to the applicants
in case of inquiry. The ERO has to give notice of hearing
• In case of a claim to the claimant – in Form 12 (annexure 5.12) appended to
RER, 1960.
• In case of an objection to the inclusion of name, notice to objector – in Form
13 (annexure 5.13)
• In case of an objection to the, notice to the person objected to – Form 13
(Annexure 5.13)
• In case of objection to a particular or an entry – Form 15 (annexure 5.15)
Disposal of Claims and Objections
Form 12 (Annexure 5.12)
Disposal of Claims and Objections
Form 13 (Annexure 5.13)
Disposal of Claims and Objections
Form 14 (Annexure 5.14)
Disposal of Claims and Objections
Form 15 (Annexure 5.15)
Disposal of Claims and Objections
• Under clause (b) of Rule 16 RER 1960, ERO should draw up the program of
hearing within a period of 7 clear days from the date when he received
applications in his office.
• The ERO has power to require any claimant, objector, person objected to, to
appear in person before him for clarification and sub-rule (3) of rule 20 of RER,
1960, ERO can ask the information on oath / affidavit.
• ERO should record the decisions with the reasons and should enter the decision
just below the entries in the respective Forms 9,10,11, 11A
• List of applications accepted and rejected should be displayed on the notice board
for any claim or objections Form 6, 7, 8 and 8A
• ERO should insist on the presence of the claimant
• ERO should get the facts verified by the verification officer where the verifying
officer should submit full particulars of verification like date of visit, if the person
was physically present etc
Disposal of Claims and Objections
• If the ERO is not satisfied of the age proof of the applicant even after the
verification, he/she may take the evidence on oath of applicant as well as any
member of family
• Form 7 should be carefully scrutinized as they are not used to delete names of
genuine electors
• In doubtful cases, in absence of the persons at home during verification, ERO
should send an individual notice with a date and time of hearing either before
ERO or AERO
• In case of inconvenience in traveling hearing could be held at the
village/taluka/zonal offices
Determination of citizenship
• The ERO should ensure that all the entries made are fully eligible for conditions
of registration
• Citizen of India being one condition should be verified completely
•
•
•
•
• Important points
Officer inquiring the details of the applicant must consider all the evidence,
documentary, otherwise submitted by the applicant to decide
Officer concerned will bear in mind the Constitution and Citizenship Act, 1955
and all other provisions related to the citizenship before passing the order
If the citizenship of any person is suspected , the ERO should go through the
entire procedure of inclusion of elector before taking the decision
Though the onus of proof of citizenship lie on applicant, the ERO must be
satisfied with all the proofs which can be any of the following
• - National Register of Citizens (NRC)
• - Citizenship certificate issued by competent authority
• - Valid passport by Government of India
• - Birth Certificate etc.
• If still not satisfied the ERO should refer the matter to the
competent authority under the relevant law
Documentary Proof of Age
• No documentary proof of age is required if
the age is obviously more that the age of
eligibility. Documentary proof may be
asked for only when age is borderline and
can not be assessed by visual inspection of
the applicant
• Certificate or mark-sheet of class 12, 10, 8
or 5; certificate of a sarpanch, councillor,
ward member etc. are accepted as age proof
Documentary proof of residence
• Documentary proof of residence may not be
insisted if it is not available specially in
case of homeless persons, tenants who have
disputes with landlords, sex workers etc.
• In such cases the BLO or some other
officers can verify by visiting the place of
residence mentioned in the application form
that the applicant actually lives there
Supervision and Checks
Chief Electoral Officer
Superintendence, direction and Control of Elections
Under sub-Section (3) of Section 13 AA of RPA 1950
DEO
Coordinate and Supervise all work related to Elections
ERO
• Test checks quality of disposal of Forms
6,7,8, and 8A
• 10% of Forms disposed by AEROs
AERO
• Randomly field
verifies 1% of
entries in Roll
Supervisor
• Verify 5% of
each of BLOs
work
BLO
• Proper
verification of
Forms 6,7,8,
and 8A
Suo- Motu Action by ERO after Draft Publication
•
ERO may direct the inclusion of names of electors in Roll if statements are
received after Draft publication (Form 1 – Rule 7 of RER 1960)
•
ERO will check the enumeration slips for intensive revision and claim
application/ manuscript for summary revision, to ensure the addition/deletion/
NBW (non-bail able warrant) of all the respective entries under the title
•
ERO will prepare the list of entries for inclusion, deletion and display on the
notice board with time and place where actions would be taken
•
Unexecuted non-bailable warrant (NBW) cases
• Person who is unexecuted for a period of 6 months or more is not
considered as the ordinary resident of the address mentioned
• ERO may take suo-motu action of deleting the name after giving due
notice with date and time of hearing
Appeal Against ERO's Decision
•
ERO's decision can be appealed to Appellate Officer in Form of a memorandum
under rule 23 of RER, 1960
•
Appeal can be for the decisions under rule 20, 21 and 21A of RER only
•
The appeal cannot be considered if he has not availed himself of the right to be
heard or make representation to the EROs
•
On receiving an appeal, the Appellate Officer would
• - check if the appeal is received in time. Time-barred appeals would be
rejected
• - call for the records of the concerned ERO
• - give opportunity to ERO to be heard
- shall take the necessary actions and dispose the appeal in maximum 3
weeks
•
The changes made shall be considered from the date of decision taken
•
ERO to make the changes after the decision taken
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