REPRESENTATION OF THE PEOPLE ACT, 1950.
This Act contains 32 Sections in 5 Parts.
THE PARTS ARE AS FOLLOWS
Part I – (Sec. 1 and 2)
gives the title and definitions
Part II (Sec. 3 to 13)
provides for allocation of seats and delimitation
of Constituencies in the Lok Sabha and the State
Legislative Assemblies and Councils.
Part IIA (Sec.13A, 13AA, 13B, 13C and 13CC)
Details the officers connected with the
preparation of Electoral Rolls.
REPRESENTATION OF THE PEOPLE ACT, 1950.
This Act contains 32 Sections in 5 Parts.
THE PARTS ARE AS FOLLOWS
Part IIB (Sec. 13D)
provides for Electoral Rolls of Parliamentary
Constituencies
Part III (Sec. 14 to 25A)
provides for Electoral Rolls for Assembly
Constituencies
Part IV (Sec.27)
provides for Electoral Roll Council
Constituencies.
REPRESENTATION OF THE PEOPLE ACT, 1950.
This Act contains 32 Sections in 5 Parts.
THE PARTS ARE AS FOLLOWS
Part IVA (Sec.27A to 27K)
provides for the manner of filling seats in the
Council of States
Part V (Sec. 28 to 32)
gives general provisions with regard to the
jurisdiction of Civil Courts; making available staff
from local authorities, etc.
IMPORTANT SECTIONS
Section 2
defines “Election Commission”
as the Commission appointed by
the President under Article 324
of the Constitution of India.
Section 13A
provides for a Chief Electoral
Officer in each State.
Section 13AA
provides for the nomination by the
ECI of an officer to be the District
Election Officer.
Section 13B(1)
provides for designation or
nomination of ERO by ECI
Section 13B(2)
The ERO can employ various
persons for the preparation and
revision of the
Electoral Roll for the AC.
Section 13C
provides for appointment of one
or more AEROs to assist EROs.
AEROs are competent to perform
all or any of the functions of EROs
and are subject to the control
of EROs.
IMPORTANT SECTIONS
Section 13CC
CEO, DEO, ERO, AERO and all
other officers or staff employed for
preparation, revision and correction
of Electoral Rolls or conduct of
elections are deemed to be on
deputation to the ECI.
Section 18
No person can be registered
more than once in any Constituency.
Section 16
provides for reasons for
disqualification for registration in
Electoral Roll.
Section 19
gives the criteria for entitlement
for registration, i.e. 18 years of age
on qualifying date and ordinarily
resident in a Constituency.
Section 17
No person can register in more
than
one Constituency.
Section 20
gives the meaning of
“ordinarily resident”.
IMPORTANT SECTIONS
Section 21
gives the provisions for various
kinds of revision of Electoral Rolls.
Section 22
provides for the powers of
ERO/AERO for amending,
transposing or deleting
an entry in the Electoral Rolls.
Section 23
provides for the powers of the
ERO/AERO to include names in the
Electoral Rolls.
Section 29
provides for making available the staff
of local authorities to ERO for the
work related to the preparation and
revision of Electoral Rolls.
Section 30
provides for a bar on the jurisdiction
of Civil Courts to adjudicate upon the
question whether a person is or
is not entitled to be registered in the
Electoral Roll. The Civil Courts
cannot question the legality of any
action taken by or under the authority
of an ERO for the revision of any Roll.
Section 31
is a penal clause for making false
declarations.
Section 32
is the penal clause for being guilty of
any act or omission in breach of
official duty by ERO, AERO or any
other person required to perform any
official duty in connection with the
preparation or revision of an
Electoral Roll.
Registration of Electors Rule, 1960 (RER)
There are 6 Parts in RER containing 35 rules and 23 prescribed Forms.
THE PARTS ARE AS FOLLOWS
Part – I (Rules 1 and 2)
Preliminary:
deals with title and definitions.
Part –II (Rules 3-28)
Electoral Rolls for Assembly Constituencies:
deals with the preparation of
Electoral Rolls and its revision.
This is the most important part of RER.
Part – III (Rule 29)
Electoral Rolls for Parliamentary
Constituencies.
Registration of Electors Rule, 1960 (RER)
There are 6 Parts in RER containing 35 rules and 22 prescribed Forms.
THE PARTS ARE AS FOLLOWS
Part – IV (Rules 30 and 31)
Electoral Rolls for Council Constituencies:
gives provisions for registration in Electoral Roll
of legislative council constituencies
Part – V (Rules 32-34)
Preservation and disposal of Electoral Rolls.
Part – VI (Rule 35)
Miscellaneous.
IMPORTANT RULES
Rule 2(d)
defines “Registration Officer”
as the ERO of a Constituency and
includes AERO.
Rule 5
provides for the Electoral to be divided into
convenient parts and also the number of
names in any part should not exceed 2000.
It also provides for the service voters to be
registered in the last part of the Roll.
Rule 4
The ECI directs the form and
language in which the Roll of
each AC is to be prepared.
Rule 6
provides for names of electors to be
arranged according to House No.
beginning with Sr. No.1 in each Part.
However, ECI can instruct for arranging
in alphabetical order also.
Rule 8
The ERO/AERO can call for
information from the occupants of
dwelling houses in Form 4.
IMPORTANT RULES
Rule 8A
Provides for issuing public
notification by CEO for registration of
persons as Overseas electors.
Rule 8B
Prescribes FORM for claims of
overseas persons for registration
in Electoral Roll.
Rule 10
provides for publication of Roll in
Draft by making a copy of The Roll
available for inspection and displaying
a notice in Form 5.
Rule 9
The ERO and AERO shall have access
to birth/death registers and the
admission register of any Educational
institution.
Rule 11
provides for the ERO/AERO to exhibit
the Part Roll at places accessible to the
public and publicize in any other
manner as considered necessary.
IMPORTANT RULES
Rule 12
This rule provides for minimum 15 days
and maximum 30 days period for lodging
claims for inclusion of name in Roll and
objection to entry in the Roll after Draft
Roll is displayed.
Rule 13
provides for Forms for claims and
objections and clearly states the following:
All inclusion claims should be in Form 6 and signed by the Applicant
All objections should be in Form 7 and given only by a person whose name
is already included in that Roll. Modification can be done by an application in
Form 8 and only that person can apply to whom that entry relates.
Transposition of an entry can be applied for in Form 8A.
Rule 14
There are only 2 methods prescribed for
lodging claims and objections i.e. they
should either be presented To The ERO/
AERO/ an officer designated by ERO or
be sent by post to them.
IMPORTANT RULES
Rule 15
provides for functions and
Designated Officers and maintenance
of Forms 9, 10 and 11 in duplicate by
them.
Rule 16
provides for maintenance of lists of claims,
objections to inclusion and objections to
particulars in Forms 9, 10 and 11
respectively. Under this rule the ERO/AERO
is expected to exhibit these Forms on the
Notice Board of his office.
Rule 19
Applications not rejected under rule 17 or accepted under rule
18 have to be heard by the ERO/AERO before deciding.
Notice of hearing for -Form 6 applications is given in Form 12;
-Form 7 applications notice is given in Form 13 to the objector and
Form 14 to the person objected to; modification entries is given in
-Form 15 to the objector.
Rule 17
provides for the conditions under which
claims or objections can be rejected by
the ERO/AERO.
Rule 18
Certain claims and objections can be
accepted by ERO/AERO without inquiry.
IMPORTANT RULES
Rule 20
gives procedure for inclusion of those
names which may have been left out
due to inadvertence or error during
Roll preparation.
Rule 21(a)
provides for the procedure for deleting
names of death persons or those who
are not ordinarily resident or who are not
eligible to be registered in that Roll.
Rule 22
provides for final publication of Roll by making
a copy available for inspection and displaying
a notice in Form 16 after doing amendments
based on decisions taken under Rules 18, 20, 21
and 21(a). This rule also provides for
supplying free of cost, 2 copies of the Roll to every
political party which has been allotted a symbol
by the ECI.
Rule 23
provides for appeals from orders by the
ERO/AERO decision on claims and
objections during revision programme.
Rule 25
provides for the various types of
revision of Rolls.
IMPORTANT RULES
Rule 27
Provides for procedure for presenting appeal
of decision of ERO on claims and objections
and his Suo-moto decision of deletion and
correction during continuous revision.
Rule 28
EPICs are issued under this provision.
Rule 33
provides for making available attested
copies of the Electoral Rolls to applicants
and also permitting inspection.
Rule 32
provides for the preservation of Rolls until expiry of one year
after the completion of the next intensive revision of that
Roll. One complete copy of the Roll, statement submitted
under Rule 7 and under Rule 8, etc. are also to be kept
in the custody of the ERO.
The Forms prescribed under RER are as follows:
S.no.
Form
Rule
Description
1.
Form 1
Rule 7
Statement as to
Declared O ice
place of Ordinary Residence by a Person
holding a
2.
Form 2
Rule 7
Statement as to place of Ordinary Residence by a member of the Armed
Forces
3.
Form 2A
Rule 7
Statement as to place of Ordinary Residence by a member of an armed
police force of a State, who is serving outside that State
4
Form 3
Rule 7
Statement as to place of Ordinary Residence by a person employed under
the Government of India in a post outside India
5
Form 4
Rule 8
Letter of request
6
Form 5
Rule 10
Notice of publication of Electoral Roll in Draft
7
Form 6
Rule 13(1)
and 26
Application for inclusion of name in Electoral Roll
8
Form 6 A
Rule 8B
Application for inclusion of name in Electoral Roll by an oversea elector.
9
Form 7
Rule 13(2)
and 26
Application for objecting inclusion or seeking deletion of name in Electoral
Roll
10
Form 8
Rules 13(3)
and 26
Application for correction to particulars entered in Electoral Roll
11
Form 8A
Rules 13(4)
and 26
Application for transposition of entry in Electoral Roll
The Forms prescribed under RER are as follows:
S.no.
Form
Rule
Description
12
Form 8B
Rule 26
Application for deletion of entry in Electoral Roll
13
Form 9
Rules 15 and 16
List of applications for inclusion of names received in Form 6
14
Form 10
Rules 15 and 16
List of applications for objection to inclusion of names received in
Form 7
15
Form 11
Rules 15 and 16
List of applications for objection to particulars in entries in Electoral
Roll received in Form 8
16
Form 12
Rule 19(1)(b)(i)
Notice of hearing of a claim
17
Form 13
Rule 19(1)(b)(ii)
Notice to the objector
18
Form 14
Rule 19(1)(b)(ii)
Notice to the person in respect of whom objection has been made
19
Form 15
Rule 19(1)(b)(iii)
Notice of hearing of an objection to particulars in an entry
20
Form 16
Rule 22(1)
Notice of final publication of Electoral Roll
21
Form 17
Rule 30
Application for inclusion of name in the Electoral Roll for a local
authorities' Constituency
22
Form 18
Rule 31
Claim for inclusion of name in the Electoral Roll for a graduates'
Constituency
23
Form 19
Rule 31
Claim for inclusion of name in the Electoral Roll for a teachers'
Constituency