This is for the information of all electors that the Representation of People Act, 1950 and Registration of Electors Rules 1960, lays down the following rules under the respective Sections of the said Act and Rules.
(Extracts from the RP Act, 1950)
1. Sec. 17. No person to be registered in more than one constituency. - No person shall be entitled to be registered in the electoral roll for more than one constituency.
2. Sec. 18. No person to be registered more than once in any constituency. - No person shall be entitled to be registered in the electoral roll for any constituency more than once.
3. Sec. 19. Conditions of registration - Subject to the foregoing provisions of this part, every person who -
(a) is not less than (eighteen years) of age on the qualifying date, and
(b) is ordinarily resident in a constituency, shall be entitled to be registered in the electoral roll for that constituency.
4. Sec. 20. Meaning of 'Ordinarily resident".- [(1) A person shall not be deemed to be ordinarily resident in a constituency on the ground only that he owns, or is in possession of, a dwelling house therein.
(1A) A person absenting himself temporarily from his place of ordinary residence shall not by reason thereof cease to be ordinarily resident therein.
(1B) A member of Parliament or of the Legislature of a State shall not during the term of his office cease to be ordinarily resident in the constituency in the electoral roll of which he is registered as an elector at the time of his election as such member, by reason of his absence from that constituency in connection with his duties as such member.]
5. Sec. 23. Inclusion of names in electoral rolls: - (1) Any person whose names is not included in the electoral roll of a constituency may apply to the electoral registration officer for the inclusion of his name in that roll.
(2) The Electoral Registration Officer shall, if satisfied that the applicant is entitled to be registered in the electoral roll, direct his name to be included therein after proper verification of facts in such manner as may be prescribed.
6. Sec. 24. Appeals - An appeal shall lie within such time and in such manner as me be prescribed-
(a) to the district magistrate or additional district magistrate or executive magistrate or district collector or an officer of equivalent rank, from any order of the electoral registration officer under section 22 or section 23.
(b) to the Chief Electoral Officer, from any order of the district magistrate or the additional district magistrate under clause (a).
7. Sec. 30. Jurisdiction of civil courts barred - No civil shall have jurisdiction-
(a) to entertain or adjudicate upon any question whether any person is or is not entitled to be registered in an electoral roll for a constituency; or
(b) to question the legality of any action taken by or under the authority of an electoral registration officer, or of any decision given by any authority appointed under this Act.
8. Sec. [31. Making false declarations - If any person makes in connection with-
(a) The preparation, revision or correction of an electoral roll, or
(b) The inclusion or exclusion of any entry in or from an electoral roll. A statement or declaration in writing which is false and which he either knows or believes to be false or does not believe to be true, he shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both.]
9. Sec. 32 (1) Breach of official duty in connection with the preparation, etc, of electoral rolls - (1) If any Electoral Registration Officer, Assistant Electoral Registration Officer or other person required by or under this Act to perform any official duty in connection with the preparation, revision or correction of an electoral roll or the inclusion or exclusion of any entry in or from that roll, is without reasonable cause, guilty of any act or omission is breach of such official duty, he shall be punishable [with imprisonment for a term which shall not be less than three months but which may extend to two years and with fine.]
(2) No suit or other legal proceeding shall lie against any such officer or other person for damages in respect of any such act or omission as aforesaid.
(3) No court shall take cognizance of any offence punishable under sub-section (1) unless there is a complaint made by order of, or under authority from, the Election Commission or the Chief Electoral Officer of the State concerned.]
(DIPR)
