For every constituency there shall be an electoral roll which shall be prepared in accordance with the provisions of this Act under the superintendence, direction and control of the Election Commission.
(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 1[***] practices and other offenses 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:-
2*[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 if such disqualification is, during the period such roll is in force, removed under any law authorizing such removal.]
1*[(1) A person shall not be deemed to be ordinarily resident in a constituency on the ground only that he owns, or is in possession of, a dwelling house therein.
(1A) A person absenting himself temporarily from his place of ordinary residence shall not by reason thereof cease to be ordinarily resident therein.
(1B) A member of Parliament or of the Legislature of a State 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 electoral the time of his election as such member, by reason of his absence from that constituency in connection with his duties as such member.]
(2) 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 be deemed to be ordinarily resident therein.
2*[(3) Any person having a service qualification shall be deemed to be ordinarily resident on any date in the constituency in which, but for his having such service qualification, he would have been ordinarily resident on that date.]
(4) Any person holding any office in India declared 3* by the President in consultation with the Election Commission to be an office to which the provisions of this sub-section apply, 4 [***] shall be deemed to be ordinarily resident 5 [***] on any date in the constituency in which, but for the holding of any such office 6 [***], he would have been ordinarily resident 7 [***] on that date.
(5) The statement of any such person as is referred to in sub-section (3)or subsection (4)made in the prescribed form and verified in the prescribed manner, that 8*[but for his having the service qualification] or but for his holding any such office 9[***] as is referred to in sub-section (4)he would have been ordinarily resident in a specified place 5 [***] on any date, shall, in the absence of evidence to the contrary, be 18[accepted as correct.]
(6) The wife of any such person as is referred to in sub-section (3)or sub-section (4)shall if she be ordinarily residing with such person 10[***] be deemed to be ordinarily resident on 11[***] in the constituency specified by such person under sub-section (5).
12*[(7) 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 facts of the case and to such rules as may be made in this behalf by the Central Government in consultation with the Election Commission.
(8) In sub-section (3)and (5)"service qualification" means-
(a) Being a member of the armed forces of the Union; or
(b) Being a member of a force to which the provisions of the Army Act, 1950 (46 of 1950) , have been made applicable whether with or without modifications; or
(c) Being a member of an armed police force of a Stale, who is serving outside that State; or
(d) Being a person who is employed under the Government of India, in a post outside India.
20A - Special provisions for citizens of India residing outside India
13*[(1) Notwithstanding anything contained in this Act, every citizen of India,-
(a) Whose name is not included in the electoral roll;
(b) Who has not acquired the citizenship of any other country; and
(c) Who is absenting from his place of ordinary residence in India owing to his employment, education or otherwise outside India (whether temporarily or not),shall be entitled to have his name registered in the electoral roll in the constituency in which his place of residence in India as mentioned in his passport is located.
(2) The time within which the name of persons referred to in sub-section (1) shall be registered in the electoral roll and the manner and procedure for registering of a person in the electoral roll under sub-section (1) shall be such as may be prescribed.
(3) Every person registered under this section shall, if otherwise eligible to exercise his franchise, be allowed to vote at an election in the constituency.]
(1) The electoral roll for each constituency 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*[(2) The said electoral roll-
(a) Shall, unless otherwise directed by the 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 the House of People or to the Legislative Assembly of a State; and
(ii) Before each bye-election to fill a casual vacancy in a seat allotted to the constituency; and
(b) Shall be revised in any year in the prescribed manner by reference to the qualifying date if such revision has been directed by 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 Election Commission may at any lime, 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.
1*[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-
(a) Is erroneous or defective in any particular,
(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 detected 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 direction, if any, as may be given by the Election Commission in this behalf, amend, transpose or delete the entry 2[after proper verification of facts in such manner as may be prescribed]:-
Provided that before taking any action on any ground under clause (a) or clause (b) or any action under clause (c) on the ground that the person concerned has ceased to be 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 2*[after proper verification of facts in such manner as may be prescribed].]
1*[(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, direct his name to be included therein 2*[after proper verification of facts in such manner as may be prescribed]:-
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 2*[after proper verification of facts in such manner as may be prescribed].
(3) No amendment, transposition or deletion of any entry shall be made under section 22 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 or in the parliamentary constituency within which that constituency is comprised and before the completion of that election.]
An appeal shall lie within such time and in such manner as may be prescribed.-
(a) To the 3*[magistrate or additional district magistrate or executive magistrate or district collector or an officer of equivalent rank], from any order of the electoral registration officer under section 22 or section 23
4*[(b) To the chief electoral officer, from any order of the district magistrate or the additional district magistrate under clause (a).]
1. Inserted by Act 40 of 1961, Section 3 (w.e.f. 20-9-1961). Former section 24 Inserted by Act 60 of 1956, Section 2 and was omitted by Act 58 of 1958, Section 10.
2. The word "and" and clause (b) omitted by Act 47 of 1966, Section 11 w.e.f. 14-12-1966.
3. Substituted by the Representation of the people (Amendment) Act, 2009 [Act No. 41 of 2009] to be effective from 01.02.2010 vide Notification No. S.O.225(E) dated 01.02.2010 previous text was:- "chief electoral officer"
4. Inserted by the Representation of the people (Amendment) Act, 2009 [Act No. 41 of 2009] to be effective from 01.02.2010 vide Notification No. S.O.225(E) dated 01.02.2010.
Every application under section 22 or section 23 and every appeal under section 24 shall be accompanied by the prescribed fee which shall, in no case, be refunded.
25A 1* Conditions of registration as elector in Sangha constituency in Sikkim
Notwithstanding anything contained in sections 15 and 19, for the Sangha constituency in the State of Sikkim, only the Sanghas belonging to monasteries, recognised for the purpose of the elections held in Sikkim in April, 1974, for forming the Assembly for Sikkim, shall be entitled to be registered in the electoral roll, and the said electoral roll shall, subject to the provisions of sections 21 to 25, be prepared or revised in such manner as may be directed by the Election Commission, in consultation with the Government of Sikkim.
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