[1][THE KERALA PANCHAYAT RAJ (REGISTRATION OF ELECTORS)
RULES, 1994] (1)
These
rules may be called the Kerala Panchayat Raj (Registration of Electors) Rules,
1994. (2)
They
shall come into force at once. In these rules, unless the context otherwise
requires, (a)
"Act"
means the Kerala Panchayat Raj Act, 1994 (13 of 1994). (b)
"Assistant
Electoral Registration Officer" means the officer designated by the State
Election Commission under section 15 of the Act. (c)
"Form"
means a Form appended to these rules. (d)
"Registration
Officer" means the electoral registration officer designated or nominated
by the State Election Commission under section 14 of the Act. (e)
"roll"
means the electoral roll for a constituency. (f)
"section"
means a section of the Act. (g)
Words
and expressions used, but not defined in these rules, but defined in the Act
shall have the meanings respectively assigned to them in the Act. The roll for each constituency shall be
prepared in Form No. 1 either in Malayalam or in the regional language of the
locality. The roll for each constituency may be divided
into convenient parts which shall be numbered consecutively. (1)
The
names of electors in the roll or in each part of the roll, as the case may be,
shall be arranged according to house number. (2)
The
names of electors in each part of the roll shall be numbered, so for as
practicable, consecutively with a separate series of numbers beginning with the
number one. (1)
(1)The
registration officer may, for the purpose of preparing the roll, serve letters
of requests in Form 2 to the occupants of dwelling houses in the constituency
or any part thereof through his assistant who is authorized for the purpose and
every person receiving any such letter shall furnish the information called for
therein to the best of his ability to the person serving the letter who will
call for it. (2)
In
case any question arises as to whether a person is ordinarily resident at a
place at a relevant time, the instructions prescribed in Form No. 2 of these
Rules may also be considered by the State Election Commission for the
determination of a person's ordinary residence. (3)
The
Heads of Departments, Heads of Offices and Local Authorities shall provide on
request from the Electoral Registration Officer, the services of as many
teachers and the employees of the Government Including teachers of aided
schools and employees of Local Authorities as the case may be for working as
Enumerators and Supervisors. The Enumerators and Supervisors may be allowed to
work part time or whole time, so long as they complete the work within the
prescribed period. 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. 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 3 at his
office and in places as specified in sub-section (2) of section 16 of the Act. 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 3 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 3 as the State Election Commission
may specify; and (c)
supply
free of cost two copies of each separate part of the roll to every political
party for which a symbol has been exclusively reserved in the State by the
Election Commission of India. Every claim for the inclusion of a name in
the roll and every objection to entry therein shall be lodged within a period
of fifteen days from the date of publication of the roll in draft under rule 8
: Provided that the State Election Commission
may, by notification in the Gazette, extend the period in respect of the
constituency as a whole or in respect of any part thereof. (1)
Every
claim shall be- (a)
in
Form 4; (b)
signed
by the person desiring his name to be included in the roll, and (c)
countersigned
by another person whose name is already included in the roll in which the claimant
desires his name to be included. (2)
Every
objections to the inclusion of a name in the roll shall be- (a)
in
Form 5; (b)
preferred
only by a person whose name is already included in that roll; and (c)
countersigned
by another person whose name is already included in the roll in which the name
objected to appears. (3)
Every
objection to a particular or particulars in an entry in the roll shall be- (a)
in
Form 6; and (b)
preferred
only by the person to whom that entry relates. Every claim or objection shall- (a)
either
be presented to the registration officer or to such other officer as may be
designated in this behalf; or (b)
be
sent by post to the registration officer. (1)
Every
officer designated for the purpose shall- (a)
maintain
in duplicate a list of claims in Form 9, a list of objections to the inclusion
of names in Form 10 and a list of objections to particulars in Form 11; and (b)
keep
exhibited one copy of each such list on a notice board in his office. (2)
Where
a claim or objection 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. The registration officer also shall- (a)
maintain
in duplicate the three lists in Forms 9, 10 and 11 entering thereon the
particulars of every claim or objection as and when it is received by him
whether directly under Rule 12 or on being forwarded under Rule 13; and (b)
keep
exhibited one copy of each such list on a notice board in his office. 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. If the registration officer is satisfied as
to the validity of any claim or objection, he 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 14: 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. (1)
Where
a claim or objection is not disposed of under rule 15 or rule 16, the
registration officer shall (a)
specify
in the list exhibited by him under clause (b) of rule 14 the date, time and
place of the 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, to the
objector in Form 15. (2)
A
notice under this rule may be given either personally or through a person duly
authorized in this behalf or by registered post or by affixing it to the
person's residence or last known residence within the constituency. (1)
The
registration officer shall hold a summary inquiry into every claim or objection
in respect of which notice has been given under rule 17 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. If it appears to the registration officer
that owing to inadvertence or error during preparation, the names if 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. 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 in his office 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 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 endeavor
to give him a reasonable opportunity to show cause why the action proposed
should not be taken in relation to him. (1)
The
registration officer shall thereafter - (a)
prepare
a list of amendments to carry out his decisions under rules 16, 18, 19 and 20
and to correct any clerical or printing errors or other inaccuracies
subsequently discovered in the roll; (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; and (c)
subject
to such general or special directions as may be given by the State 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 of India. (2)
On
such publication, the roll together with the list of amendments shall be the
electoral roll of the constituency. (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 State Election Commission in this behalf, the list in to the basic roll by
incorporating inclusion of names, amendments, transportation or deletion of
entries 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. (1)
An
appeal shall lie from any decision of the registration officer under rule 18,
rule 19 or rule 20 to such officer of Government as the State 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 accompanied by a copy of
the order appealed against and a fee of Rs.2 (Rupees two) to be paid (i)
by
means of non-judicial stamps, or (ii)
in
such other manner as may be directed by the State Election Commission, 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 21. (4)
Every
decision of the appellate officer shall be final, but insofar 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. (1)
If
any constituency is delimited anew in accordance with law and it is necessary
urgently to prepare the roll for such constituency, the State 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 21 and
shall, on such publication be the electoral roll for the new constituency. (1)
The
roll for every constituency shall be revised under sub-section (2) of section
22 of the Act either intensively or summarily or partly intensively and partly
summarily as the State 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 3 to 22 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 drafts;
and the provisions of rules 7 to 22 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 21 any names have been directed to be
included in the roll for the time being in force under section 24 of the Act,
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. (1)
Every
application under section 23 or sub-section (1) of section 24 of the Act shall
be made in duplicate in such one of the Forms 4, 6, 7 and 8 as may be
appropriate and shall be accompanied by a fee of two rupees. (2)
Every
such application as is referred to in sub-rule (1) shall be presented to the
registration officer in such manner as the State Election Commission may
direct. (3)
Every
application for inclusion presented in pursuance of sub-rule (2) shall be
countersigned, where necessary, by another person whose name is already
included in the roll in which the claimant desires his name to be included. (4)
The
fee specified in sub-rule (1) shall be- (a)
paid
by means of non-judicial stamps; or (b)
paid
in such other manner as may be directed by the State Election Commission. (5)
The
registration officer shall, immediately on receipt of such application, direct
that one copy thereof be displayed in some conspicuous place in his office
together with a notice inviting objection to such application within a period
of seven days from the date of such display. (6)
The
registration officer, shall, as soon as may be after the expiry of the period
specified in sub-rule (5), 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. (1)
Every
appeal under section 25 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 against and a fee of ten rupees to be. (i)
paid
by means of non-judicial stamps; or (ii)
paid
in such other manner as may be directed by the State Election Commission; and (c)
presented
to the District Election Officer within a period of fifteen days from the date
of the order appealed against or sent by registered post so as to reach him
within that period. Provided that the District Election Officer
may condone the delay in the presentation of the appeal to him, if he is
satisfied that the appellant had sufficient cause for not presenting it within
the time prescribed. (2)
For
the purpose of sub-rule (1) an appeal shall be deemed to have been presented to
the District Election Officer, when the memorandum of appeal is delivered by,
or on behalf of, the appellant the District Election Officer himself. (1)
After
the roll for a constituency has been finally published, the following papers
shall be kept in the office of the registration officer or at such other place
as the District Election officer may by order specify until the expiration of
one year after the completion of the next intensive revision of that roll (a)
one
complete copy of the roll; (b)
statements
submitted to the registration officer under rule 6; (c)
register
of enumeration forms; (d)
application
in regard to the preparation of the roll; (e)
manuscript
parts prepared by enumerating agencies and used for compiling the roll; (f)
papers
relating to claims and objections; (g)
papers
relating to appeals under rule 22; and, (h)
applications
under sections 24 and 25 of the Act. (2)
One
complete copy of the roll for each constituency duly authenticated by the
registration officer shall also be kept in such place as the District Election
Officer may specify, as permanent record. (1)
Every
person shall have the right to inspect the papers relating to electoral roll
referred to in rule 27 and to get attested copies thereof on payment of such
fee as may be fixed by the District Election Officer. (1)
The
papers referred to in rule 27 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 State Election Commission in this behalf, be disposed of in such
manner as the District Election Officer may direct. (2)
Copies
of the electoral roll for any constituency in excess of the number required for
deposit under rule 27 and for any other public purpose shall be disposed of at
such time and in such manner as the State Election Commission may direct and
until such disposal shall be made available for sale to the public. 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. THE KERALA PANCHAYAT RAJ (REGISTRATION OF ELECTORS)
RULES, 1994