Registration of Electors Rules, 1960

Registration of Electors Rules, 1960[1]

[10th November, 1960]

Part I PRELIMINARY

Rule - 1. Short title and commencement.

(1)     These rules may be called the Registration of Electors Rules, 1960

(2)     They shall come into force on the 1st day of January, 1961

Rule - 2. Definitions and interpretation.

(1)     In these rules, unless the context otherwise requires,—

(a)      “Act” means the Representation of the People Act, 1950 (43 of 1950);

(b)      “declared office” means an office declared by the President to be an office to which the provisions of sub-section (4) of Section 20 apply;

[2][(bb) “Electronic Gazette” shall have the same meaning as assigned to it in clause (s) of sub-section (1) of Section 2 of the Information Technology Act, 2000 (21 of 2000)]

[3][(c) “Form” means a form appended to these rules and in respect of any constituency, includes a translation thereof in the language or any of the languages in which the electoral roll for that constituency is prepared;]

[4][(cc) “overseas elector” means a citizen of India referred to in Section 20-A and who is not less than eighteen years of age on the qualifying date.]

(c)      “registration officer” means the electoral registration officer of a constituency and includes an assistant electoral registration officer thereof;

(d)      “roll” means the electoral roll for a constituency;

(e)      “section” means a section of the Act;

[5][* * *]

(2)     The General Clauses Act, 1897 (10 of 1897), shall apply for the interpretation of these rules as it applies for the interpretation of an Act of Parliament.

Part II ELECTORAL ROLLS FOR ASSEMBLY CONSTITUENCIES

Rule - 3. Meaning of constituency.

In this Part “constituency” means an Assembly constituency.

Rule - 4. Form and languages of roll.

The roll for each constituency shall be prepared in such form and in such language or languages as the Election Commission may direct.

Rule - 5. Preparation of roll in parts.

(1)     The roll shall be divided into convenient parts which shall be numbered consecutively.

(2)     The last part of the roll shall contain the names of every person having a service qualification and of [6][his or her spouse], if any, who are entitled to be included in that roll by virtue of a statement made under Rule 7.

(3)     The names of any person holding a declared office and of [7][his or her spouse], if any, who are entitled to be included in the roll by virtue of a statement made under Rule 7 shall be included in the part of the roll, pertaining to the locality in which they would, according to that statement, have been ordinarily resident.

[8][(3-A) The name of every overseas elector who is entitled to be included in the roll under Section 20-A, shall be included in the part of the roll pertaining to the locality in which his place of residence in India as mentioned in his passport is located.]

(4)     The number of names included in any part of the roll shall not ordinarily exceed two thousand.

Rule - 6. Order of names.

(1)     The names of electors in each part of the roll shall be arranged according to house number, unless the chief electoral officer, subject to any general or special instructions issued by the Election Commission, determines in respect of any part that the alphabetical order is more convenient or that the name shall be arranged partly in one way and partly in the other.

(2)     The names of electors in each part of the roll shall be numbered, so far as practicable, consecutively with a separate series of numbers beginning with the number one.

Rule - 7. Statement under Section 20.

(1)     Every person who holds a declared office or has a service qualification and desires to be registered in the roll for the constituency in which, but for holding such office or having such qualification, he would have been ordinarily resident, shall submit to the [9][registration officer of the constituency], a statement in such one of the [Forms 1, 2, 2-A and 3] as may be appropriate.

(2)     Every statement submitted under sub-rule (1) shall be verified in the manner specified in the Form.

(3)     Every such statement shall cease to be valid when the person making it ceases to hold a declared office or, as the case may be, have a service qualification.

Rule - 8. Information to be supplied by occupants of dwelling houses.

The registration officer may, for the purpose of preparing the roll, send letters of request in Form 4 to the occupants of dwelling houses in the constituency or any part thereof; and every person receiving any such letter shall furnish the information called for therein to the best of his ability.

Rule - 8-A. [Manner of giving notice for registration of persons as overseas electors.

On the commencement of the Representation of the People (Amendment) Act, 2010 (36 of 2010) and at such other times as the Election Commission may direct, the Chief Electoral Officer may, for the purpose of inclusion of names of overseas electors in the roll, make a public notification requesting every person entitled to be registered as an overseas elector under Section 20 A and a copy of such notification shall be forwarded to all foreign missions of the Central Government and also make such further publicity as he may consider expedient and necessary.

Rule - 8-B. Inclusion of names of overseas electors in the rolls.

(1)     Every overseas elector, who is not otherwise disqualified for registration and is desirous of being registered in the roll for the constituency pertaining to the locality in which his place of residence in India as mentioned in his passport is located, may make an application in Form 6A to the concerned registration officer directly or [10][electronically or] send the application to him by post.

(2)     The provisions of sub-rules (2), (3) and (4) of Rule 13 shall mutatis mutandis apply for filing of claims or objections to the inclusion of name or to any particulars of an entry or for transposition of any entry from one place to another in the roll as an overseas elector.

(3)     Every application in Form 6A sent by post shall be accompanied by copies of all the documents mentioned in the said Form [11][duly self-attested].

(4)     Every application in Form 6A presented in person to the registration officer shall be accompanied by photocopies of all the documents mentioned in the said Form along with originals thereof for verification by the registration officer.

(5)     Where a personal hearing is necessary in respect of any claim for inclusion or objection to the inclusion of name in the roll as an overseas elector, the registration officer may, if considered necessary, designate an official in the Indian Mission in the concerned country for the purpose.][12]

Rule - 9. Access to certain registers.

For the purpose of preparing any roll or deciding any claim or objection to a roll, any registration officer and any person employed by him shall have access to any register of births and deaths and to the admission register of any educational institution, and it shall be the duty of every person in charge of any such register to give to the said officer or person such information and such extracts from the said register as he may require.

Rule - 10. Publication of roll in draft.

As soon as the roll for a constituency is ready, the registration officer shall publish it in draft by making a copy thereof available for inspection and displaying a notice in Form 5—

(a)      at his office, if it is within the constituency, and

(b)      at such place in the constituency as may be specified by him for the purpose, if his office is outside the constituency:

[13][Provided that where such draft contains names of overseas electors, the copies of such rolls shall also be published in the Electronic Gazette [14][or in the official website of the Chief Electoral Officer of the concerned State].]

Rule - 11. Further publicity to the roll and notice.

The registration officer shall also—

(a)      make a copy of each separate part of the roll, together with a copy of the notice in Form 5 available for inspection at a specified place accessible to the public and in or near the area to which that part relates;

(b)      give such further publicity to the notice in Form 5 as he may consider necessary; and

(c)      supply free of cost two copies of each separate part of the roll to every political party

[15][for which a symbol has been exclusively reserved in the State] by the Election Commission.

Rule - 12. [Period for lodging claims and objections.

Every claim for the inclusion of a name in the roll and every objection to an entry therein shall be lodged within a period of thirty days from the date of publication of the roll in draft under Rule 10, or such shorter period of not less than fifteen days as may be fixed by the Election Commission in this behalf:

Provided that the Election Commission may, by notification in the Official Gazette, extend the period in respect of the constituency as a whole or in respect of any part thereof.][16]

Rule - 13. [Form for claims and objections.

(1)     Every claim for inclusion of name in the roll as new elector shall be in Form 6 and signed by the applicant.

(2)     Every objection to the proposed inclusion of name or application for deletion of name in existing roll shall be in Form 7 and preferred by a person whose name is in such roll.

(3)     Every objection to a particular or particulars in any entry in the roll or application for shifting of residence within the constituency or outside the constituency or application for correction or updation of entries shall be in Form 8 and shall be preferred by the person to whom that entry relates.][17]

Rule - 14. Manner of lodging claims and objections[18][or application[19][for correction of entries in existing electoral roll or application for shifting of residence within the constituency or outside the constituency]].

Every claim or objection shall—

(a)      either be presented to the registration officer [20][of the constituency in which the applicant is ordinarily residing] or to such other officer as may be designated by him in this behalf; or

(b)      be sent by [21][* * *] [22][post to the registration officer; or]

[23][(c) be submitted electronically to the registration officer.]

Rule - 15. Procedure of designated officers.

(1)     Every officer designated under Rule 14 shall—

[24][(a) maintain in duplicate a list of claims in Form 9, a list of objections to the inclusion of names in Form 10, a list of objections to entries in the existing electoral roll or application for corrections or updation of entries in Form 11 and a list of applications for shifting of residence within the constituency in Form 11A and a list of application for shifting of residence outside the constituency in Form 11B; and]

(b)   Keep exhibited one copy of each such list on a notice board in his office.

(2)     Where a claim or objection [25][or application for correction of [26][entries in existing electoral roll or application for correction or updation of entries or application for shifting of residence within the constituency or outside the constituency]] is presented to him, he shall, after complying with the requirements of sub-rule (1) forward it with such remarks, if any, as he considers proper to the registration officer.

Rule - 16. Procedure of registration officer.

The registration officer also shall—

[27][(a) maintain in duplicate the five lists in Forms 9, 10, 11, 11-A and 11-B, entering thereon the particulars of every claim or objection or application for correction of entries in existing electoral roll or application for correction or updation of entries or application for shifting of residence within the constituency or outside the constituency as and when it is received by him whether directly under Rule 14 or on being forwarded under Rule 15; and]

(b)   Keep exhibited one copy of each such list on a notice board in his office:

[28][Provided that where any claim or objection relates to registration of a person as an overseas elector, a list of such claim or objection shall be exhibited on the notice board in his office and shall also be published in the Electronic Gazette [29][or in the official website of the Chief Electoral Officer of the concerned State] in such form as the Election Commission may direct.]

Rule - 17. Rejection of certain claims and objections.

Any claim or objection which is not lodged within the period, or in the form and manner, herein specified, shall be rejected by the registration officer.

Rule - 18. Acceptance of claims and objections without inquiry.

If the registration officer is satisfied as to the validity of any claim or objection, he may allow it without further inquiry after the expiry of one week from the date on which it is entered in the list exhibited by him under clause (b) of Rule 16:

Provided that where before any such claim or objection has been allowed, a demand for inquiry has been made in writing to the registration officer by any person, it shall not be allowed without further inquiry.

Rule - 19. Notice of hearing claims and objections.

(1)     Where a claim or objection is not disposed of under Rule 17 or Rule 18, the registration officer shall—

(a)      specify in the list exhibited by him under clause (b) of Rule 16 the date, time and place of hearing of the claim or objection; and

(b)      give notice of the hearing—

(i)       in the case of a claim to the claimant in Form 12

(ii)      in the case of an objection to the inclusion of a name, to the objector in Form 13 and to the person objected to in Form 14; and

(iii)     in the case of an objection to a particular or particulars in an entry, the objector in Form 15.

(2)     A notice under this rule may be given either personally or by registered post or by affixing it to the person's residence or last known residence within the constituency.

Rule - 20. Inquiry into claims and objections.

(1)     The registration officer shall hold a summary inquiry into every claim or objection in respect of which notice has been given under Rule 19 and shall record his decision thereon.

(2)     At the hearing, the claimant or as the case may be, the objector and the person objected to and any other person who, in the opinion of the registration officer, is likely to be of assistance to him, shall be entitled to appear and be heard.

(3)     The registration officer may in his discretion—

(a)      require any claimant, objector or person objected to, to appear in person before him;

(b)      require that the evidence tendered by any person shall be given on oath and administer an oath for the purpose.

Rule - 21. Inclusion of names inadvertently omitted.

[30][(1)] If it appears to the registration officer that owing [31][* * *] to inadvertence or error during preparation, the names of any electors have been left out of the roll and that remedial action should be taken under this rule, the registration officer shall—

(a)      prepare a list of the names and other details of such electors:

(b)      exhibit on the notice board of his office a copy of the list together with a notice as to the time and place at which the inclusion of these names in the roll will be considered, and also publish the list and the notice in such other manner as he may think fit; and

(c)      after considering any verbal or written objections that may be preferred, decide whether all or any of the names should be included in the roll.

[32][(2) If any statements under Rule 7 are received after the publication of the roll in draft under Rule 10, the registration officer shall direct the inclusion of the names of the electors covered by the statements in the appropriate parts of the roll.]

Rule - 21-A. [Deletion of names.

(1)     If it appears to the registration officer at any time before the final publication of the roll that owing to inadvertence or error or otherwise, the names of dead persons or of persons who have ceased to be, or are not, ordinarily residents in the constituency or of persons who are otherwise not entitled to be registered in that roll, have been included in the roll and that remedial action should be taken under this rule, the registration officer, shall—

(a)      prepare a list of the names and other details of such electors;

(b)      exhibit on the notice board of his office a copy of the list together with a notice as to the time and place at which the question of deletion of these names from the roll will be considered, and also publish the list and the notice in such other manner as he may think fit; and

(c)      after considering any verbal or written objections that may be preferred, decide whether all or any of the names should be deleted from the roll:

Provided that before taking any action under this rule in respect of any person on the ground that he has ceased to be, or is not, ordinarily resident in the constituency, or is otherwise not entitled to be registered in that roll, the registration officer shall make every endeavour to give him a reasonable opportunity to show cause why the action proposed should not be taken in relation to him.][33]

Rule - 22. Final publication of roll.

(1)     The registration officer shall thereafter—

(a)      Prepare a list of amendments to carry out his decisions under Rules 18, 20, [34][21 and 21-A] and to correct any clerical or printing errors or other inaccuracies subsequently discovered in the roll;[35][* * *]

(b)      publish the roll, together with the list of amendments, by making a complete copy thereof available for inspection and displaying a notice in Form 16 at his office:

[36][Provided that where the roll contains the name of any overseas elector the same shall also be published in the Electronic Gazette] [37][or in the official website of the Chief Electoral Officer of the concerned State] [38][and]

[39][(c) subject to such general or special directions as may be given by the Election Commission supply, free of cost, two copies of the roll, as finally published, with the list of amendments, if any, to every political party for which a symbol has been exclusively reserved by the Election Commission.]

(2)     On such publication, the roll together with the list of amendments shall be the electoral roll of the constituency.

[40][(3) Where the roll (hereafter in this sub-rule referred to as the basic roll), together with the list of amendments, becomes the electoral roll for a constituency under sub-rule (2), the registration officer may, for the convenience of all concerned, integrate, subject to any general or special directions issued by the Election Commission in this behalf the list into the basic roll by [41][incorporating inclusion of names, amendment, transposition or deletion of entries in the relevant parts of the basic roll itself] in the relevant parts of the basic roll itself, so however that no change shall be made in the process of such integration in the name of any elector or in any particulars relating to any elector as given in the list of amendments.]

Rule - 23. Appeals from orders deciding claims and objections.

(1)     An appeal shall lie from any decision of the registration officer under 20, [42][Rule 21 or Rule 21-A] to such officer of Government as the Election Commission may designate in this behalf (hereinafter referred to as the appellate officer):

Provided that an appeal shall not lie where the person desiring to appeal has not availed himself of his right to be heard by, or to make representations to, the registration officer on the matter which is the subject of appeal.

(2)     Every appeal under sub-rule (1) shall be—

(a)      in the form of a memorandum signed by the appellant, and

(b)      presented to the appellate officer within a period of fifteen days from the date of announcement of the decision or sent to that officer by registered post so as to reach him within that period

(3)     The presentation of an appeal under this rule shall not have the effect of staying or postponing any action to be taken by the registration officer under Rule 22.

(4)     Every decision of the appellate officer shall be final, but in so far as it reverses or modifies a decision of the registration officer, shall take effect only from the date of the decision in appeal.

(5)     The registration officer shall cause such amendments to be made in the roll as may be necessary to give effect to the decisions of the appellate officer under this rule.

Rule - 24. Special provision for preparation of rolls on redelimitation of constituencies.

(1)     If any constituency is delimited anew in accordance with law and it is necessary urgently to prepare the roll for such constituency, the Election Commission may direct that it shall be prepared—

(a)      by putting together the rolls of such of the existing constituencies or parts thereof as are comprised within the new constituency; and

(b)      by making appropriate alterations in the arrangement, serial numbering and headings of the rolls so compiled.

(2)     the roll so prepared shall be published in the manner specified in Rule 22 and shall, on such publication, be the electoral roll for the new constituency.

Rule - 24-A. [Special provision for preparation of rolls of pre-delimited constituencies.

(1)     Notwithstanding anything contained in Rule 24, if the electoral roll of any constituency prior to the last delimitation is required to be prepared urgently, the Election Commission may direct that it shall be prepared—

(a)      by putting together the rolls of the new delimited constituencies or relevant parts thereof corresponding to the areas as were comprised within the pre-delimited constituency; and

(b)      by making appropriate alterations in the arrangement, serial numbering, headings, etc., of the roll so prepared.

(2)     The roll so prepared shall be published in the manner specified in Rule 22, and shall, on such publication, be the roll for pre-delimited constituency concerned.][43]

Rule - 25.[Revision of rolls][44].

(1)     The roll for every constituency shall be revised under sub-section (2) of Section 21 either intensively or summarily or partly intensively and partly summarily, as the Election Commission may direct.

(2)     Where the roll or any part thereof is to be revised intensively in any year, it shall be prepared afresh and Rules 4 to 23 shall apply in relation to such revision as they apply in relation to the first preparation of a roll.

(3)     When the roll or any part thereof is to be revised summarily in any year, the registration officer shall cause to be prepared a list of amendments to the relevant parts of the roll on the basis of such information as may be readily available and publish the roll together with the list of amendments in draft; and the provisions of rules [45][8-A] to 23 shall apply in relation to such revision as they apply in relation to the first preparation of a roll.

(4)     Where at any time between the publication in draft of the revised roll under sub-rule (2) or of the roll and list of amendments under sub-rule (3) and the final publication of the same under Rule 22, any names have been directed to be included in the roll for the time being in force under Section 23 the registration officer shall cause the names to be included also in the revised roll unless there is, in his opinion, any valid objection to such inclusion.

Rule - 26.[Correction of entries and inclusion of names in electoral rolls][46].

[47][(1) Every application under Section 22 or sub-section (1) of Section 23 shall be made in duplicate in such one of the Forms [48][6, 6-A, 7 and 8] as may be appropriate [49][* * *]

[50][Provided that the statements in Forms 2, 2-A and 3, from persons having service qualifications, received after the final publication of the electoral roll shall be deemed to be the applications under Sections 22 and 23 [* * *]

[51][(1-A) Every such application as is referred to in sub-rule (1), with reference to qualifying dates, that is to say the 1st day of January, the 1st day of April, the 1st day of July and the 1st day of October of the year, shall be presented to the registration officer in such manner as the Election Commission may direct.]

[52][* * *]

(2)   [* * *]

(3)   The [53][* * *] registration officer shall immediately on receipt of such application, direct that one copy thereof be posted in some conspicuous place in his office together with a notice inviting objections to such application within a period of seven days from the date of such posting.

[54][(4) The registration officer shall, as soon as may be after the expiry of the period specified in sub-rule (3), consider the application and objections thereto, if any, received by him and shall, if satisfied direct the inclusion, deletion, correction or transposition of entries in the roll, as may be necessary:

Provided that when an application is rejected by the registration officer, he shall record in writing a brief statement of his reasons for such rejection.]

Rule - 26-A. [Merger and integration of list of amendments.

The list of amendments prepared with reference to the qualifying dates as specified in sub-rule (1-A), shall be merged and integrated with the last finally published roll and published as draft roll under Rule 10, before every election and bye-election and shall be put in public domain with reference to the qualifying date, proximate to the said election, as the Election Commission may direct.

Rule - 26-B. Special provision for providing Aadhaar number by existing electors.

Every person whose name is listed in the roll may intimate his Aadhaar number to the registration officer in Form 6-B in accordance with sub-section (5) of Section 23 of the Act.][55]

Rule - 27. [Appeals under Section 24 of the Act.

(1)     Every appeal under clause—

(a)      of Section 24 of the Act shall be—(a) in the form of a memorandum signed by the appellant;

(b)      accompanied by a copy of the order appealed from; and

(c)      presented to the district magistrate, or additional district magistrate or executive magistrate or district collector or an officer of equivalent rank as may be notified in the Official Gazette by the Election Commission, within the period of fifteen days of the order appealed from or sent by registered post so as to reach him within that period:

Provided that such magistrate, collector or officer may condone the delay in presentation of the appeal to him, if he is satisfied that the appellant had sufficient cause for not presenting it within the specified time.

(2)     Every appeal under clause (b) of Section 24 of the Act shall be—

(a)      in the form of a memorandum signed by the appellant;

(b)      accompanied by a copy of the order appealed from; and

(c)      presented to the chief electoral officer within a period of thirty days from the date of the order appealed from or sent by registered post so as to reach him within that period:

Provided that the chief electoral officer may condone the delay in presentation of the appeal to him, if he is satisfied that the appellant had sufficient cause for not presenting it within the specified time.

(3)     For the purposes of sub-rule (1) and sub-rule (2), an appeal shall be deemed to have been presented when the memorandum of appeal is delivered by, or on behalf of, the appellant to the concerned magistrate, collector, officer or, as the case may be, the concerned chief electoral officer, or to any other officer appointed by him in this behalf.][56]

Rule - 28. Identity cards for electors in notified constituencies [* * *][57].

(1)     The Election Commission may, with a view to preventing impersonation of electors and facilitating their identification at the time of poll, by notification in the Official gazette of the State, direct that the provision of this rule shall apply to [58][any such constituency or part thereof] as may be specified in the notification.

(2)     The registration officer for such notified constituency shall, as soon as may be, after the issue of the notification under sub-rule (1), arrange for the issue to every elector of an identity card prepared in accordance with the provisions of this rule.

(3)     The identity card shall—

(a)      be prepared in duplicate;

(b)      contain the name, age, residence and such other particulars of the elector as may be specified by the Election Commission;

(c)      have affixed to it a photograph of the elector which shall be taken at the expense of the Government; and

(d)      bear the facsimile signature of the registration officer:

Provided that if the elector refuses or evades to have his photograph taken, or cannot be found at his residence by the official photographer in spite of repeated attempts, no such identity card shall be prepared for the elector and a note of such refusal or evasion or that the elector could not be found at his residence in spite of repeated attempts shall be made in the copy of the roll maintained by the registration officer.

(4)     One copy of the identity card prepared under sub-rule (3) shall be retained by the registration officer and the other copy shall be delivered to the elector to be kept by him for production at the time of poll.

[59][Part III ELECTORAL ROLLS FOR PARLIAMENTARY CONSTITUENCIES IN THE UNION TERRITORY OF DELHI

Rule - 29. Rolls for the parliamentary constituencies in the Union territory of Delhi.

The provisions of Part II shall apply in relation to parliamentary constituencies in the Union territory of Delhi as they apply in relation to assembly constituencies.]

Part IV ELECTORAL ROLLS FOR COUNCIL CONSTITUENCIES

Rule - 30. Rolls for local authorities' constituencies.

(1)     The roll for every local authorities' constituency shall be prepared and maintained in such form, manner and language or languages as the Election Commission may direct.

(2)     The provisions of [60][Rule 26 except sub-rules (3) and (4) thereof and Rule 27] shall apply in relation to local authorities' constituencies as they apply in relation to assembly constituencies:

Provided that an application for the inclusion of a name shall be made in Form 17:

[61][Provided further that where an application referred to in sub-rule (1) of Rule 26 is received by the electoral registration officer, he shall refer such application to the chief executive officer of the local authority concerned and on receipt of information in relation thereto from the chief executive officer the electoral registration officer shall act in accordance with clause (d) of sub-section (2) of Section 27.]

Rule - 31. Rolls for graduates' and teachers' constituencies.

(1)     The roll for every graduates' or teachers' constituency shall be prepared in such form, manner and language, or languages as the Election Commission may direct.

(2)     The roll shall be divided into convenient parts which shall be numbered consecutively.

(3)     For the purpose of preparing the roll the registration officers shall, on or before the 1st [62][October], issue a pubic notice calling upon every person entitled to be registered in that roll to send to, or deliver at his office before the 7th day of [November] next following an application in Form 18 or Form 19, as the case may be, for inclusion of his name:

[63][Provided that for the purpose of preparing the roll for the first time for the Legislative Council, of the State of Madhya Pradesh, the references to the 1st October and the 7th day of November shall be construed as references to the 31st December, 1966 and the 7th day of February, 1967, respectively.]

(4)     The said notice shall be published in two newspapers having circulation in the constituency and republished in them once on or about the 15th [October] and again on or about the 25th [October]:

[Provided that in relation to the preparation of the roll for the first time for the Legislative Council of the State of Madhya Pradesh, the references to the 15th October and the 25th October shall be construed as references to the 15th January and 25th January, 1967, respectively.]

[64][(4-A) The provisions of sub-rule (3) and sub-rule (4) shall apply in relation to revision of the roll for every graduates' of teachers' constituency under sub-section (2)(a)(ii) of Section 21 of the Act as they apply in relation to preparation of such roll subject to the modification that references to the 1st October and the 7 day of November in sub-rule (3) and references to the 15th October and 25th October in sub-rule (4) shall be construed respectively as references to such dates, as may be specified by the Election Commission in relation to each such revision.]

(5)     The provisions of Rules 10 to 27 except clause (c) of sub-rule (1) and clause (c) of sub-rule (2) of Rule 13 shall apply in relation to graduates' and teachers' constituencies as they apply in relation to assembly constituencies:

Provided that a claim or an application for the inclusion of a name shall be made in Form 18 or Form 19 as may be appropriate.

[65][* * *]

Part V PRESERVATION AND DISPOSAL OF ELECTORAL ROLLS

Rule - 32. [Custody and preservation of rolls and connected papers.

After final publication of a roll on its revision,—

(a)      one authenticated printed copy of the roll shall be retained with the registration officer till at least one year after such final publication of roll after the next intensive revision, or summary revision, as the case may be;

(b)      one authenticated printed copy of the roll shall be retained with the district election officer as a permanent record;

(c)      one copy of the roll in electronic form shall be retained in the office of the district election officer as a permanent electronic record;

(d)      extra copies of the roll may be disposed of, with the prior approval of the Election Commission, as soon as may be, after the next revision is completed;

(e)      all other papers relating to revision of the roll, such as the enumeration pads, copies of the roll used for house-to-house verification, manuscripts prepared on the basis thereof, claims and objections and applications for correction of entries and transposition of entries (Forms 6, 6-A, 7, 8 and 8-A), and all papers connected with their disposal, shall be retained at least for three years after the completion of the next intensive revision or summary revision, as the case may be.

Explanation.—For the purposes of this rule, the expression “electronic form” and “electronic records” shall have the same meaning assigned to them, respectively, in clauses (r) and (t) of Section 2 of the Information Technology Act, 2000 (21 of 2000).][66]

Rule - 33. Inspection of electoral rolls and connected papers.

Every person shall have the right to inspect the election papers referred to in Rule 32 and to get attested copies thereof on payment of such fee as may be fixed by the chief electoral officer.

Rule - 34. Disposal of electoral rolls and connected papers.

(1)     The papers referred to in Rule 32 shall, on the expiry of the period specified therein, and subject to such general or special directions, if any as may be given by the Election Commission in this behalf, be disposed of in such manner as the chief electoral officer may direct.

[67][* * *]

[68][Part VI MISCELLANEOUS

Rule - 35. Use of old Forms.

If, at any time, during a period of six months from the date on which any amendment to a form for making any claim, objection or other application to the registration officer under these rules takes effect, a person makes, such claim, objection or, as the case may be, other application in the Form as it stood before such amendment, the registration officer shall deal with such claim, objection or other application and he may, for this purpose, require such person, by notice in writing, to furnish such additional information (being the information which would have been furnished if the amended Forms had been used) within such reasonable time as may be specified in the notice.]

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Form 4

(See Rule 8)

Letter of request

Place………………………

Date………………………

To

The occupant of ………………………………………………………………………………………

Sir/Madam,

The preparation of the electoral roll for the Assembly Constituency in which you are residing has been taken in hand. It will greatly facilitate my work if you will kindly complete the statement below after reading the attached instruction and hand it over to my assistant who will call for it.

Electoral Registration Officer of the…………………

………………………………………………………

Assembly Constituency

Statement

Names and particular, of adult citizens ordinarily residing in the above premises

Instructions

(1)     Enter the names of all persons who have completed [18 years of age on or before the 1st of January/April] of this year and who are ordinarily residing in the premises.

(2)     Only the names of those who are citizens of India should be entered.

(3)     Enter against Serial No. 1 in the first column, the name of the head or other senior member of the family, provided he or she has the qualifications mentioned in Paragraphs 1 and 2 above.

(4)     “Ordinarily residing” does not mean that the person should be actually in the house when you are filling in the form. The persons who normally live in the house should be included even though they may be temporarily absent, e.g., on a journey or on business or in hospital. On the other hand, a guest or visitor, who normally lives elsewhere but happens to be in the house at the time should not be included.

(5)     All ordinary residents of the house should be included, whether they are members of the family or not. But do not enter the name of any person who is a member of the Armed Forces of India or is employed under the Government of India in a post outside India or the name of such person's wife if she ordinarily resides with him.

(6)     In the case of every male citizen, enter in the second column the name of his father preceded by the words “son of”

(7)     In the case of every female citizen, enter in the second column—

(i)       the name of the husband preceded by the words “wife of”, if she be married;

(ii)      the name of the late husband preceded by the words “widow of”, if she be a widow; and

(iii)     the name of the [Father of Mother] preceded by the words “daughter of”, if she be unmarried.

(8)     In the third column, enter the age of the citizen as accurately as possible, giving only the number of complete years and ignoring the months.

[Note: For preparation/revision of rolls in 1989, omit “January” and retain “April”. For preparation/revision of rolls in any other year, omit “April” and retain “January”].

[72]Form 5

(See Rule 10)

Notice of publication of electoral roll in draft

To

The Electors of the…………………………………………………………………………………… constituency.

Notice is hereby given that the electoral roll has been prepared in accordance with the Registration of Electors Rules, 1960, and a copy thereof is available for inspection at my office, and at…………… during office hours.

The qualifying date for the preparation of the electoral roll is…………………………………………

If, with reference to the abovesaid qualifying date, there be any claim for the inclusion of a name in the roll or any objection at the inclusion of name or any objection to particulars in any entry, it should be lodged on or before the…………………… 19…………………, in Form 6, 7 or 8 as may be appropriate.

Every such claim or objection should either be presented in my office or to………………………… or sent by post to the address given below so as to reach me not later than the aforesaid date.

………………………………

Electoral Registration Officer,

(Address)……………………]

Date……………………………

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To be appended to Form-6

(The fields marked with * are mandatory)

GUIDELINES FOR FILLING UP THE APPLICATION

FORM-6

1. General Instructions:-

(a)      The application will be addressed to the Electoral Registration Officer (ERO) of the Assembly Constituency (AC)/Parliamentary Constituency (PC) in which the applicant is ordinarily residing. In case the applicant does not know or has any doubt about number and name of Assembly Constituency/Parliamentary Constituency, assistance may be extended by the Electoral Registration Officer and the application will not be rejected on the ground of not mentioning of number and name of Assembly Constituency/Parliamentary Constituency.

(b)      The applicant can fill entries of the application either in English or official language of the state and this will not be a ground for rejection of application.

(c)      A service personnel, applying for enrolment as general elector in the electoral roll at his place of posting at a peace station, should ensure that he is not already enrolled as service elector or general elector in some other constituency.

*(d) Photograph: A recent good quality passport size unsigned colour photograph (4.5cm × 3.5cm) with transparent background should be pasted in the space provided. Eyes must be open and both edges of face must be clearly visible.

(e)   Elector's Photo Identity Card (EPIC): EPIC will be delivered at given postal address after enrolment, free of cost through speed post under proper acknowledgement.

2. Item (1) *(Name):

The exact name and spelling should be furnished in both official language of the State and English. If filled in only one language, system will transliterate automatically in other language which may lead to spelling mistakes.

3. Item (2a) & (2b) (Name and Surname of Relative):

In case of a married female applicant, name of husband may preferably be mentioned. (Strike off the inapplicable options in the column).

4. Item (5) Aadhaar Details:

Aadhaar Number should be furnished for the purpose of authentication of entries. If the applicant does not have Aadhaar number, the same may be mentioned in box at item 5 (b).

5. Item (6) (Gender):

*(a) Gender in the appropriate box provided for ‘Male’/‘Female’/‘Third Gender’ should clearly be tick marked.

(b)   Applicants belonging to Third Gender may indicate their sex as ‘Male’ or as ‘Female’ or as ‘Third Gender’.

6. Item 7(a)(b) (Date of Birth):

*(a) A self-attested copy of one of the documents mentioned in the form can be attached as age proof. Submission of a document mentioned in the form will ensure speedy registration and delivery of services.

(b)   If none of the documents mentioned in the form is available, the applicant should enclose some other document in support of age proof; and name of the said document should be mentioned in item 7(ii) and item (iv) of ‘DECLARATION’ part in Form. In such case, the applicant will have to appear personally before Electoral Registration Officer or any other officer designated by him for verification.

7. Item 8 (Present Ordinary Residence):

*(a) Complete postal address with PIN code should be mentioned along with a self-attested copy of any of the mentioned documents in name of applicant/parents/spouse as proof of ordinary residence.

(b)   Necessary field verification shall be made in cases of Homeless Indian Citizens living in sheds/pavements and sex workers having no documentary proof of ordinary residence, provided they are otherwise eligible for enrollment.

(c)   Students, who are eligible for enrollment, can be enrolled either at their parent's place or at the hostel/mess where they are ordinarily residing.

8. *DECLARATION:

All entries in “DECLARATION” portion should be completed in all respects. Please note that giving any false statement made in the DECLARATION portion is a punishable offence under Section 31 of the Representation of the People Act, 1950 (43 of 1950) with imprisonment with a term which may extend to one year or with fine or with both.]

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To be appended to Form-7

GUIDELINES FOR FILLING UP THE APPLICATION

FORM-7

1. General Instruction:—

(a)      The application can be made by an elector registered in the existing electoral roll of the constituency,

(b)      The application can be an objection in respect of a registered elector/an objection to the proposed inclusion of an entry in the electoral roll of the constituency, in which the applicant himself is registered OR a request for deletion of the applicant's own name from electoral roll.

2. Item No. 1 (Name of the applicant)-

The applicant shall mention his name, EPIC no. and mobile number of self ‘or’ relative (father/mother/husband/legal guardian).

3. Item No. 2 (Option of objection/application of deletion):—

The applicant has to tick any one option for which he intends to make the application. He must also tick any one of the reasons mentioned below the option, as to why according to him, the person against whom the objection has been made, is not qualified for inclusion in the electoral roll viz. due to death, under age, absent/permanently shifted, already enrolled in the electoral roll at the same place or some other place, not an Indian citizen etc. The onus of proof to substantiate the reason given for objection or removal of name lies with the applicant.

4. Item No. 3 (Details of the person in respect of whom objection has been made):

The applicant has to fill up the name, surname, EPIC number and address of the person whose entry is objected to for inclusion or sought to be deleted.

5. DECLARATION:-

The applicant must give a ‘DECLARATION’ that the facts and particulars mentioned in the application are true to the best of his/her knowledge and belief.

Please note that giving any false statement made in the DECLARATION portion is a punishable offence under Section 31 of the Representation of the People Act, 1950 (43 of1950) with imprisonment with a term which may extend to one year or with fine or with both.

To be appended to Form-8

GUIDELINES FOR FILLING UP THE APPLICATION

FORM-8

1. General Instruction:—

(a)      The application can be made by a registered/enrolled elector for shifting of residence, or for correction of entries or for issue of replacement EPIC or for marking as PwD.

(b)      In case of approval of application by Electoral Registration Officer (ERO) for shifting of residence, correction of entries and issue of replacement EPIC without correction, a new replacement EPIC will be issued to the applicant and he has to return his old EPIC to the Electoral Registration Officer immediately.

2. Item No. I (Name of the applicant)-

The applicant shall mention his name, EPIC no., Aadhaar number, mobile number and email id of self or relative mentioned therein. Aadhaar Number should be furnished for the purpose of authentication of entries. If the applicant does not have Aadhaar number, the same may be mentioned in box at item I (b).

3. Item No. II (Option for application)-

The applicant has to tick any one of the options for making application and fill the details in the relevant section of the application. All other sections which are not relevant should be struck off.

4. Application for shifting of residence-

(a)      The application has to be made to the Electoral Registration Officer of the constituency in which the new address of the applicant is located.

(b)      The applicant has to mention his new address, where he has shifted to and presently staying and attach a self-attested copy of any one of the mentioned documents as address proof in his own name or in name of his parents/spouse. He has to tick the mentioned document which he has given as address proof. Mentioned document will ensure speedy delivery of services. If he does not possess any of the mentioned documents, he has to mention name of the other document given for address proof in the blank space.

5. Application for correction of entries in existing roll-

(a)      If an applicant intends to get any existing entry relating to him in the electoral roll corrected, he has to tick in the appropriate box and attach the document in the support of his claim. The name of the document must be mentioned in the blank space given.

(b)      In case, the applicant desires to change his photograph, he has to paste a recent good quality passport size unsigned colour photograph (4.5 cm × 3.5 cm) with transparent background, in the box meant for it.

6. Application for replacement EPIC without correction-

The applicant shall put a tick in appropriate box seeking for a replacement EPIC. He shall return his mutilated/old EPIC or submit a copy of FIR/Police report for lost EPIC.

7. DECLARATION-

The applicant must give a ‘DECLARATION’ that the facts and particulars mentioned in the application are true to the best of his/her knowledge and belief.

Please note that giving any false statement made in the DECLARATION portion is a punishable offence under Section 31 of the Representation of the People Act, 1950 (43 of 1950) with imprisonment with a term which may extend to one year or with fine or with both.]

Form 8-A[76]

Form 8-B[77]

Form 9

(See Rules 15 and 16)

Designated location identity

(where applications have been received)

List of applications for inclusion of names received in Form 6

Revision identity

Constituency (Assembly/Parliamentary[78] Constituency):

(1)     List number[79] …………………………………………………………………………………………

(2)     Period of receipt of applications (covered in this list) …………………………………………………

From date …………………………………………………………………………………………………

To date ……………………………………………………………………………………………………

(3)     Place of hearing[80] ………………………………………………………………………………………

Date of exhibition at designated location under Rule 15(b) ………………………………………………

Date of exhibition at Electoral Registration Officer's Office under Rule 16(b) ……………………………

Form 10

(See Rules 15 and 16)

Designated location identity

(where applications have been received)

List of applications for objection to inclusion of names received in Form 7

Constituency (Assembly/Parliamentary[85] Constituency):

(1)     List number[86] : …………………………………………………………………………………………

(2)     Period of receipt of applications (covered in this list) ……………………………………………………

From date ……………………………………………………………………………………………………

To date …………………………………………………………………………………………………………

(3)     Place of hearing[87] : ……………………………………………………………………………………

Date of exhibition at designated location under Rule 15(b) …………………………………………………

Date of exhibition at Electoral Registration Officer's Office under Rule 16(b) …………………………

[91][Form 11

[See Rules 15 and 16]

LIST OF OBJECTIONS/APPLICATION FOR CORRECTION OF ENTRIES/REPLACEMENT OF

EPIC/MAKING OF PWD RECEIVED IN FORM 8

Form 11-A

[See Rules 15 and 16]

LIST OF APPLICATIONS FOR SHIFTING OF ADDRESS WITHIN THE CONSTITUENCY

RECEIVED IN FORM 8

Form 11-B

[See Rules 15 and 16]

LIST OF APPLICATIONS FOR SHIFTING OF ADDRESS OUTSIDE THE CONSTITUENCY

RECEIVED IN FORM 8

Form 12

[See Rules 19(1)(b)(ii)]

Notice to the objector

Duplicate

…………………………………

(Office Copy)

To

(Full name …………………………………………………………………………………………………………………………………….

and address ……………………………………………………………………………………………………………………………………

of objector) ……………………………………………………………………………………………………………………………………

Reference:—Objection No. ……………………………………………………………………………………………….

Take notice that your objection to the inclusion of the name of—

……………………………………………………………………………………………………………

……………………………………………………………………………………………………………

……………………………………………………………………………………………………………

will be heard at………………………………… (place) at………………………………… O'clock on the……………………… day of…………………………………………….19 . Your are directed to be present at the hearing with such evidence as you/may like to adduce:

Place……………………

Date………………………

…………………………………………………………………

Form 13

[See Rules 19(1)(b)(ii)]

Notice to the objector

Original

…………………………………

(To be served on the objector)

To

(Full name …………………………………………………………………………………………………………………………………….

and address ……………………………………………………………………………………………………………………………………

of objector) ……………………………………………………………………………………………………………………………………

Reference:—Objection No. ……………………………………………………………………………………………….

Take notice that your objection to the inclusion of the name of—

………………………………………………………………………………………………………………

………………………………………………………………………………………………………………

………………………………………………………………………………………………………………

will be heard at………………………………. (place) at…………………………………………………………………O'clock on the……………………… day of…………………………………………….19 . You are directed to be present at the hearing with such evidence as you may like to adduce:

Place……………….

Date…………………

…………………………………………………………………

Electoral Registration Officer.

Certificate of Service of notice

Received notice of the date of hearing

Date………………………………………………….

…………………………………………………………………

Objector

Certified that the notice on the objector has been duly served by me this………………………………………….day of……………………… on (name)…………………………………………… personally/by affixation on residence.

Place………………………

Date………………………

………………………………………………

Serving Officer.

N.B.—If this notice is served by post, attach the receipt here.

Form 14

[See Rules 19(1)(b)(ii)]

[92][Notice to the person in respect of whom objection has been made]

Duplicate

…………………………………

(Office Copy)

To

(Full name ………………………………………………………………………………………………………………………

and address of person …………………………………………. objected of) ……………………………………………………

Reference:—Objection No. ……………………………………………………………………………………………

Take notice that objection to the inclusion of your name at Serial No. ….……………………………… in Part………………………………………………of the electoral roll for…………………………………………………………… constituency filed by

(Full name …………………………………………………………………………………………………………………………………

and address of ………………………………………………………………………………………………………………………….

objected) ………………………………………………will be heard at……………………………………. (place) at……………………………………. O'clock on the……………………… day of…………………………………………….19 . You are directed to be present at the hearing with such evidence as you/may like to adduce. The grounds of objection (in brief)

(a)

(b)

(c)

Place…………………………………………………

Date………………………………………………….

……………………………………………………

Electoral Registration Officer.

Form 14

[See Rules 19(1)(b)(ii)]

[Notice to the person in respect of whomobjection has been made]

Original

…………………………………………

(To be served on the person objected to)

To

(Full name ………………………………………………………………………………………………………………………

and address of person ………………………………………………………………………………………………………………………

objected of) ………………………………………………………………………………………………………………………

Reference:—Objection No. ………………………………………………………………………………………………

Take notice that the objection to the inclusion of your name at Serial No. …………………………in Part………………………………………… of the electoral roll for…………………………………………………………… constituency filed by

(Full name …………………………………………………………………………………………………………………………………

and address of ……………………………………………………………………………………………………………………………

objected) …………………………………………………………………………………………………………………………………

will be heard at……………………………………. (place) at……………………………………. O'clock on the……………………… day of…………………………………………….19 . You are directed to be present at the hearing with such evidence as you/may like to adduce. The grounds of objection (in brief) are:—

(a)

(b)

(c)

Place…………………………………………………

Date………………………………………………….

…………………………………………………………………

Electoral Registration Officer.

Certificate of Service of notice

Received notice of the date of hearing

Date………………………………………………….

…………………………………………………………………

Person objected to

Certified that the notice on the person, the entry relating to whose name has been objector to, has been duly served by me this………………………………………………. day of………………………………………………… on (name)……………………………………………….personally/by affixation on residence.

Place…………………………………………………….

Date………………………………………………………

………………………………………………

Serving Officer.

N.B.—If this notice is served by post, attach the receipt here.

Form 15

[See Rules 19(1)(b)(iii)]

Notice of hearing of an objection to particulars in an entry

Duplicate

…………………………………

(Office Copy)

To

(Full name …………………………………………………………………………………………………………………………………

and address of ……………………………………………………………………………………………………………………………

objector) …………………………………………………………………………………………………………………………………

Reference:—Objection No. ………………………………………………………………………………………………

Take notice that your objection to certain particulars in the entry relating to you will be heard at …………………………….(place) at ……………………O'clock on the ……………………………day of …………………………………………19 . You are directed to be present at the hearing with such evidence as you may like to adduce.

Place…………………………………………………

Date………………………………………………….

…………………………………………………………………

Electoral Registration Officer.

Form 15

[See Rules 19(1)(b)(iii)]

Notice of hearing of an objection to particulars in an entry

Original

…………………………………

(To be served on the objector)

To

(Full name …………………………………………………………………………………………………………………………………

and address of ……………………………………………………………………………………………………………………………

objector) …………………………………………………………………………………………………………………………………

Reference:—Objection No. ………………………………………………………………………………………………

Take notice that your objection to certain particulars in the entry relating to you will be heard at …………………………….(place) at ………………………O'clock on the ……………………………day of …………………………………………19 . You are directed to be present at the hearing with such evidence as you may like to adduce.

Place…………………………………………………

Date………………………………………………….

…………………………………………………………………

Electoral Registration Officer.

Certificate of Service of notice

Received notice of the date of hearing

Date………………………………………………….

…………………………………………………………………

Objector

Certified that the notice on the objector has been duly served by me this……………………………………….day of…………………………………………………on (name)…………………………………….personally/by affixation on residence.

Place…………………………………………………….

Date………………………………………………………

………………………………………………

Serving Officer.

N.B.—If this notice is served by post, attach the receipt here.

[93][Form 16

[See Rule 22(1)]

Notice of final publication of electoral roll

It is hereby notified for public information that the list of amendments to the draft electoral roll for the…………………………… constituency has been prepared with reference to……………………………………………as the qualifying date and in accordance with the Registration of Electors Rules, 1960. A copy of the said roll together with the said list of amendments has been published and will be available for inspection at my office.

Place………………………………………………………

Date………………………………………………………

(Address)……………………………………………….

………………………………………………………]

…………………………………………………………………….

Electoral Registration Officer

Form 17

[See Rule 30]

Application for inclusion of name in the electoral roll for a local authorities' constituency

To

The Electoral Registration Officer,

…………………………………………………………… (Local Authorities) Constituency.

Sir,

I am a member of……………………………………………………which is a constituent local authority exercising jurisdiction within the limits of the……………………………………….local authorities' constituency. I am therefore entitled to be registered as an elector in the said constituency, and request that my name be included in the electoral roll thereof.

My address is:…………………………………

…………………………………………………………

…………………………………………………………

…………………………………………………………………….

Yours faithfully

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