Deletion of Names from Electoral Rolls

A voter’s name may be deleted only by the Electoral Registration Officer (ERO) on grounds authorised by election law, not through an informal or automatic process. The principal authority is Section 22 of the Representation of the People Act, 1950, which requires verification and, in most cases, an opportunity to be heard.

Legal grounds for deletion

After an appropriate inquiry, the ERO may delete an entry when the person has died, has ceased to be ordinarily resident in the constituency, or is otherwise not entitled to be registered there.

• An entry may also be corrected or transposed if it is erroneous, defective, or affected by a change of ordinary residence within the constituency.
• A person is not entitled to registration if the statutory qualifications under Sections 16 and 19 are not met, such as citizenship, minimum age, ordinary residence, or absence of a legal disqualification.
• The law prevents registration in more than one constituency or more than once in the same constituency under Sections 17 and 18.

Initiation and procedure

Deletion may follow the ERO’s own verification or an objection or application submitted in prescribed Form 7 under the Registration of Electors Rules, 1960. The ERO must examine the relevant facts rather than delete a name merely because an objection has been filed.

• Before deletion for loss of ordinary residence or other ineligibility, the person concerned must receive a reasonable opportunity of being heard.
• Prior notice is not required where deletion is based on confirmed death.
• No deletion may be made after the last date for nominations and before completion of the election concerned.

Safeguards and remedies

An order under Section 22 is appealable under Section 24 of the Representation of the People Act, 1950, subject to the prescribed procedure. Constitutional equality also limits the deletion power.

• Under Article 325, no person may be excluded from an electoral roll solely on grounds of religion, race, caste or sex.
• Deletion must therefore rest on an established statutory ground and observance of the prescribed process.