Electoral Roll Registration under the RPA, 1950

An electoral roll is the official list of electors registered for a constituency. The Representation of the People Act, 1950 governs eligibility, ordinary residence, preparation and revision of rolls, and correction or deletion of entries. Articles 325 and 326 require general electoral rolls without specified discrimination and elections based on adult suffrage.

Eligibility for registration

• Under Section 19, a person must be at least 18 years old on a qualifying date and ordinarily resident in the constituency. The qualifying dates are 1 January, 1 April, 1 July and 1 October.
• Under Section 16, non-citizens, persons declared of unsound mind by a competent court, and persons disqualified from voting under election law cannot be registered.
• Sections 17 and 18 prohibit registration in more than one constituency or more than once in the same constituency.

Ordinary residence

Under Section 20, owning a dwelling does not by itself establish ordinary residence, while temporary absence does not necessarily end it. Special deeming rules cover persons with a service qualification and eligible spouses ordinarily residing with them.

• Under Section 20A, an Indian citizen living abroad because of employment, education or otherwise, who has not acquired foreign citizenship, may register against the Indian residence shown in the passport.

Objections, correction and deletion

During revision of a roll under Section 21, an objection to the inclusion of a name is lodged in Form 7 within the prescribed claims and objections period. Under the Registration of Electors Rules, 1960, the electoral registration officer publishes lists of objections, may reject non-compliant objections, and otherwise gives notice to the objector and the person objected to before conducting a summary inquiry and deciding the matter.

• Under Section 22, after an appropriate inquiry, the electoral registration officer may correct or transpose an erroneous or defective entry, or delete an entry where the elector has died, ceased to be ordinarily resident, or is otherwise not entitled to registration.
• Deletion is subject to Election Commission directions. Except where deletion is based on death, the elector must receive a reasonable opportunity of being heard.
• Under Section 24, an order under Section 22 may be appealed to the designated appellate authority, with a further appeal to the Chief Electoral Officer.
• Under Section 23(3), no amendment, transposition or deletion may be made after the last date for nominations and before completion of the election in that constituency.