[1][HYDERABAD CONSTITUENT ASSEMBLY
(REVISION AND PUBLICATION OF ELECTORAL ROLLS) REGULATION, 1358 Fasli] Whereas it is expedient to provide for the preliminary
publication, revision, final publication and duration of electoral rolls for
constituencies of the Hyderabad Constituent Assembly; Now, therefore, in exercise of the authority vested
in me for the administration of the Hyderabad State and of all other powers
enabling me in that behalf I hereby make the following Regulation: (1) This Regulation may be called the
Hyderabad Constituent Assembly (Revision and Publication of Electoral Rolls)
Regulation, 1358 Fasli, and shall come into force from the date of its
publication in the Jarida. (2) It extends to the whole of the
Hyderabad State. (1) In this Regulation (a) The expressions " District
" and " Registering Officer" shall have the meanings
respectively assigned to them in the Hyderabad Constituent Assembly Electoral
(Preparation of Electoral Rolls) Rules, 1358 Fasli; (b) " Form " means a form
appended to this Regulation; (c) "Returning Officer"
means such person as the Election Commissioner may by notification in the
Jarida appoint to be the Returning Officer for a constituency and includes any
person who may be, for the time being, appointed by the Returning Officer to be
in charge of his duties; (d) " Revising Authority"
means the District Judge having Jurisdiction in the area comprised in the
constituency concerned; (e) " Rules " means the
Hyderabad Constituent Assembly Electoral (Preparation of Electoral Rolls)
Rules, 1358 Fasli; (2) If any question arises as to the interpretation
of this Regulation, the question shall be referred for the decision of the
Government of Hyderabad and its decision shall be final. (1) Notwithstanding anything
contained in the Hyderabad Constituent Assembly (Preparation of Electoral
Rolls) Regulation, 1358 Fasli, the Military Governor shall by notification in
the Jarida delimit the constituencies by which representatives shall be returned
to the Hyderabad Constituent Assembly and shall by a like notification appoint
a place to be the headquarters of each constituency so delimited. (2) The preliminary electoral roll
for every constituency delimited under sub-section (1) shall be compiled from
the electoral roll or rolls prepared under the rules for such electoral unit or
units constituted thereunder as include areas included in the constituency. (3) Any person entitled under the
Rules to be included in the electoral roll for an electoral unit, and no person
not so entitled, shall be entitled to be included in the electoral roll for a
constituency: Provided that for the purpose of determining the
title of a person to be included in the electoral roll for a constituency rule
7 of the Rules shall have effect as if references therein to an electoral unit
were references to a constituency. (1) On or before such date as the
Election Commissioner may by notification in the Jarida appoint in this behalf,
the preliminary electoral roll for every constituency delimited under Section 3
shall be published at the headquarters of the constituency and at the office of (a) the Civil Administrator of every
district, (b) the Deputy Civil Administrator of
every division, and (c) every Tahsil, in which any part
of the constituency is situate. (2) So much of the electoral roll for
every constituency as relates to a town, village, municipal area, or cantonment
shall also be published in the town, or village, or in the office of the
municipal committee or cantonment authority, as the case may be, and where so
much of the electoral roll as relates to a municipal area has been prepared by
wards so much of the roll as relates to a ward shall be published separately in
such ward. (3) The electoral for every
constituency shall be published at the office of the Election Commissioner. (4) The language or languages in
which an electoral roll or part thereof is published under this section shall
be the language or languages in which that roll or part was prepared under rule
10 of the Rules. (5) An electoral roll or part thereof
published under this section shall remain open for inspection during the
period Hereinafter provided for the lodging of claims and objections and
copies thereof may be made available for sale to the public. (1) Whenever an electoral roll or
part thereof is published under Section 4, there shall be published along
therewith in every place in which such roll or part is published a notice in
Form I calling upon persons entered in the roll to lodge in the manner herein
prescribed any objection they may have to make to any entry in the roll as
published and upon persons not entered but claiming to be entered in the roll
to lodge their claim in the manner herein prescribed. A claim or objection may
be lodged on behalf of the Registering Authority in the manner herein
prescribed in respect of any entry or omission in the roll (2) Every claim or objection (a) shall be delivered (personally or
by post) to the Revising Authority and if delivered personally shall be so
delivered by the claimant or objector or in the case of a claim, by an agent
authorised in writing by the claimant; (b) shall be in Form II or III, as
the case may be, with the entries in such form duly completed, and shall be
signed by the claimant or objector, as the case may be, or, in the case of a
claim, by an agent authorised in writing by the claimant; (c) shall be accompanied by three
copies of the claim or objection. (3) Every claim or objection shall be
lodged on a day not later than the thirtieth day from the date on which the
electoral roll to which it relates was published and not later than 3 p.m. on
that day. Explanation. For the purposes of this sub-section a
claim shall be deemed to be lodged when it is delivered personally to the
Revising Authority or, as the case may be, when the postal cover containing the
claim or objection is delivered to the Revising Authority. (4) The Registering Authority shall
maintain a register of all claims and objections and shall, as soon as
conveniently may be after the expiry of the time within which claims and
objections are by sub-section (3) required to be lodged, publish (in Form IV)
lists of claims and objections by causing them to be posted for not less than
seven days in a conspicuous manner at his Office. (1) The Election Commissioner shall
appoint a period within which all claims and objections duly lodged under Section
5 shall be decided and shall communicate that period to the Revising Authority
who, if in his opinion it would be impossible for him to decide all such claims
and objections within the period so appointed, may transfer any such claim or
objection for hearing and decision by any Munsiff of the First Class subject to
his civil appellate jurisdiction or by a practising pleader of at least 12
years' standing appointed by him for the purpose. (2) The Revising Authority on receipt
of a claim or objection duly lodged under Section 5 shall fix a date and place
for hearing the same and shall give notice in Form V of such date and place to
the claimant or objector. The Registering Officer who prepared the electoral
roll shall be made a party to such claim or objection, if not already a party
thereto, and shall be supplied with a copy of the claim or objection and with
notice of the date and place fixed for hearing. Where objection is taken to the
entry of any person on the roll, a copy of the objection with notice of the
date and place fixed for hearing shall be served on such person in Form VI. A
copy of the claim or objection with notice of the date and place fixed for
hearing shall be placed on the notice board of the Revising Authority. (3) Where any copy or notice is to be
sent under sub-section (3) such copy or notice shall be sent by post to or
served personally on (a) a claimant or objector, at the
address given in the claim or objection; and (b) a person to the entry of whose
name objection is taken, at the address given in the objection as verified by
reference to the electoral roll. A copy of any notice sent by post shall be
deemed to have been duly served. (4) On the date fixed for the
hearing, the parties shall produce before the Revising Authority the evidence
on which they rely. (5) The Revising Authority, after
hearing the evidence, if any, adduced on behalf of the parties and after such
further inquiries, if any, as he may deem necessary shall pass an order on the
claim or objection and shall forthwith send a copy of his order to the
Registering Officer. (6) The order passed by the Revising
Authority under sub-section (6) shall be final and shall not be questioned in
any court or otherwise. (7) References in sub-sections (2) to
(6) to the Revising Authority shall be read as including references to a
Munsiff or pleader to whom a claim or objection has been transferred under
sub-section (1). (1) The Registering Officer shall
make such cancellations in, and shall prepare a list of such additions to, the
electoral roll for each constituency as may be required in accordance with the
orders passed under Section 6 and where he is not the Returning Officer for the
constituency shall forward copies of the amended electoral roll and of the list
of additions to the Returning Officer in time to allow of the amended electoral
roll being published on the appointed date in the manner prescribed in this
section. (2) The list shall be prepared in the
same manner and form as the original roll. (3) The amended electoral roll and
the list of additions shall be published in the manner prescribed for the
publication of electoral rolls in section 4, and shall be available for sale to
the public on or before such date as the Election commissioner may by
notification in the Jarida appoint in this behalf and such publication shall,
for the purposes of this Regulation, be deemed to be the final publication of
the electoral roll. The roll as finally so published shall remain open to
inspection by the public till the date of polling in the constituency
concerned. (1) The electoral roll shall come
into force from the date of its final publication and shall continue in force
for a period of five years after the expiration of which period, a fresh
electoral roll shall be prepared: Provided that the Government may, by notification
in the Jarida, direct the preparation of a fresh electoral roll at any time
before the expiration of the said period. (2) If any constituency is called
upon to elect a member after an electoral roll has ceased to have force and
before the completion of the new electoral roll, the old electoral roll shall,
for the purpose of that election, continue to operate as the electoral roll for
the constituency. (1) Notwithstanding any thing
hereinbefore contained, any person may apply to the Registering Officer for the
amendment of any electoral roll for the time being in force. Such application
shall be forwarded to the Election Commissioner, who may, in his discretion, at
any time thereafter and for reasons to be recorded by him in writing, direct
the Registering Officer to prepare a list of amendments and thereupon all the
provisions of this Regulation shall apply in the case of any such list in like
manner as they apply in the case of electoral rolls: Provided that where such application is made for
the correction of an existing entry in the electoral roll and the Registering
Officer is satisfied after such enquiry as he thinks fit that the entry relates
to the applicant and is erroneous or defective in any particular and as to the
manner in which such entry should be corrected, he may amend the electoral roll
or cause it to be amended accordingly: Provided further that where such application is
made for the entry of the applicant's name in the electoral roll as an elector,
the Registering Officer shall, on payment by the applicant of a fee of Rs. 10
make, subject to the general or special order of the Election Commissioner,
such inquiry as he thinks fit and shall, if satisfied as to the validity of the
applicant's claim, amend the electoral roll accordingly. (2) Notwithstanding anything
hereinbefore contained, the Returning Officer may, at any time, of his own
motion or on the application of any person, correct any clerical, printing or
like error in an electoral roll affecting only the particulars relating to a
person whose name is included therein. But nothing in this sub-section shall
be deemed to empower the Returning Officer to include in the roll a person not
included therein or to exclude from a roll a person included therein. (3) Upon the final publication of any
list of amendments under sub-section (1) of this section read with sub-section
(3) of Section 7 and upon the making of any correction or amendment under a
proviso to sub-section (1) or under sub-section (2) of this section, the
electoral roll to which such list of correction or amendment relates shall be
deemed to have been amended accordingly. The electoral roll for any constituency as for the
time being in force, that is to say, the roll as finally published under
sub-section (3) of Section 7 or, as the case may be, as so finally published
and as deemed under sub-section (3) of Section 9 to have been amended, shall be
conclusive proof for the purpose of determining whether any person is an
elector in such constituency. (1) The papers mentioned in column 1
of the schedule here to annexed shall be kept by the Officers mentioned in the
second column for the period specified in the third column thereof. SCHEDULE Description of document or record. By whom kept. Period for which kept. 1. Preliminary electoral rolls. Election Commissioner or such other officer as
may be authorised by the Government in this behalf. One year from the date of publication. 2. Claims and objections to registration under
Section 5 and the order of the Revising Authority thereon. The Revising Authority. One year from the date of the order. 3. Applications to the Registering Officer under
Section 9. The Registering Officer concerned. One year from the date of disposal. 4. Final electoral rolls (three copies of each
electoral roll). The Election Commissioner or such other officer
as may be authorised by the Government in this behalf. Until the final publication of a fresh electoral
roll. (2) Any member of the public shall
have a right to inspect any of the papers specified in the preceding subsection
on payment of a fee of Rs. 2 and to obtain a certified and attested copy
thereof on payment of the same fees as are prescribed for copies of Revenue
records. If any difficulty arises as to the preparation or
publication of any electoral roll or of any list of amendments to any such
electoral roll under the Rules and this Regulation, the Election Commissioner
may do anything not inconsistent with the Rules and this Regulation which
appears to him to be necessary for the preparation or publication of the
electoral roll or the list of amendments.HYDERABAD
CONSTITUENT ASSEMBLY (REVISION AND PUBLICATION OF ELECTORAL ROLLS) REGULATION,
1358 Fasli
PREAMBLE