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Electoral roll for each territorial constituency

§9

Summary

12 [ 9. (1) For each territorial constituency of a 11[ Gram Panchayat ], an electoral roll shall be prepared, in accordance with the provisions of this Act, 13 [ and the rule made there ] under the superintendents, direction and control of the State Election Commission 14 [(1-A) Subject to the superintendence, direction and control of the State Election Commission, the Mukhya Nirvachan Adhikari (Panchayat) shall supervise and perform all function relating to the preparation, revision and correction of the electoral roll in the State in accordance with this Act and the rules made thereunder. (I-B) The preparation revision and correction of the electoral rolls shall be done by such persons, and in such manner, as may be prescribed.]1 (2) The electoral roll referred to in sub-section (1) shall be published in the prescribed manner and upon its publication it shall, subject to any alteration, addition or modification made 2 in accordance with this Act, and the rule made there under be the electoral roll for that territorial constituency prepared in accordance with the provisions of this Act. (3) Subject to the provisions of sub-sections (4), (5), (6) and (7) every person who has attained the age of 18 years on the first day of January of the year in which the electoral roll is prepared or revised and who is ordinarily resident in the territorial constituency of a Gram Panchayat shall be entitled to be registered in the electoral roll for that territorial constituency.. Explanation (i) A person shall not be deemed to be ordinarily resident in the territorial constituency on the ground ony that be owns, or is in possession of, a dwelling house therein. (ii) A person absenting himself temporarily from his place of ordinary residence shall not by reason thereof cease to be ordinarily resident therein. (iii) A member of Parliament or of the Legislature of the State shall not, during the term of his office, cease to be ordinarily resident in the territorial constituency merely by reason of his absence from that area in connection with his duties as such member. (iv) Any other factor that may be prescribed shall be taken into consideration for deciding as to what persons may or may not be deemed to be ordinarily residents of a particular area at any relevant time. (v) If in any case a question arises as to where a person is ordinarily resident at any relevant time, the question shall be determined with reference to all the facts of the case. (4) A person shall be disqualified for registration in an electoral roll, if he (a) is not a citizen of India ; or (b) is of unsound mind and stands so declared by a competent court ; or (c) is for the time being disqualified from voting under the provisions of any law relating to corrupt practices and other offences in connection with elections. (5) The name of any person who becomes disqualified under sub-section (4) after registration shall forthwith be struck off the electoral roll in which it is included : Provided that the name of any person struck off the electoral roll by reason of any such disqualification shall forthwith be reinstated in that roll, if such disqualification is, during the period such roll is in force, removed under any law authorising such removal. (6) No person shall be entitled to be registered in the electoral roll for more than one territorial constituency or more than once in the electoral roll for the same territorial constituency. (7) No person shall be entitled to be registered in the electoral roll for any territorial constituency if his name is entered in any electoral roll pertaining to any city, municipality or cantonment unless he shows that his name has been struck off such electoral roll. (8) Where the 1 [Electoral Registration Officer or Assistant Electoral Registration Officer ] is satisfied after making such inquiry as it may deem fit, whether on an application made to it or on its own motion, that any entry in the electoral roll should be corrected or deleted or that the name of any person entitled to be registered should be added in the electoral roll, it shall, subject to the provisions of this Act and rules and orders made thereunder, correct, delete or add the entry, as the case may be : Provided that no such correction, deletion or addition shall be made after the last date for making nominations for an election in the Gram Panchayat and before the completion of that election : Provided further that no deletion or correction of any entry in respect of any person affecting his interest adversely shall be made without giving him reasonable opportunity of being heard in respect of the action proposed to be taken in relation to him. (9) The State Election Commission may, if it thinks it necessary so to do for the purposes of a general or by-election, direct a special revision of the electoral roll for any territorial constituency of a Gram Panchayat in such manner as it may think fit : Provided that subject to the other provisions of this Act, the electoral roll for the territorial constituency, as in force at the time of issue of any such direction, shall continue to be in force until the completion of the special revision so directed. (10) 2[In so far as provision is not made by this Act or the rules the State Election Commission] may by order, make provisions in respect of the following matters concerning the electoral roll, namely– (a) the date on which the electoral roll prepared under this Act shall come into force and its period of operation; (b) the correction of any existing entry in the electoral roll on the application of the elector concerned; (c) the correction of electoral or printing errors in electoral roll ; (d) the inclusion in the electoral roll of the name of any person– (i) whose name in included in the Assembly electoral roll for the area relatable to the territorial constituency but is not inclued in the electoral roll for that territorial constituency or whose name has been wrongly included in the electoral roll for some other territorial constituency, or (ii) whose name is not an included in the Assembly electoral roll but who is otherwise qualified to be registered in the electoral roll for the territorial constituency; (e) the custody and preservation of the electoral roll ; (f) fees payable on applications for inclusion or exclusion of names ; (g) generally all matters relating to the preparation and publication of the electoral roll. (11) Notwithstanding anything contained in the foregoing sub sections, the State Election Commission may, for the purposes of preparation of the electoral roll for a territorial Constituency adopt the electoral roll for the Assembly constituency prepared under the Representation of the People Act, 1950 for the time being in force so far as it relates to the area of that territorial constituency : Provided that the electoral roll for such territorial constituency shall not include any amendment, alteration or correction made after the last date for making nomination for the election of such constituency and before the completion of such election. (12) No civil court shall have jurisdiction— (a) to entertain or adjudicate upon the question whether any person is or is not entitled to be registered in an electoral roll for a territorial constituency ; or (b) to question the legality of any action taken by or under the authority of the State Election Commission 1[or of any decision given by any authorities or office appointed in this behalf] in respect of preparation and publication of electoral rolls.

12 [ 9. (1) For each territorial constituency of a 11[ Gram Panchayat ], an electoral roll shall be prepared, in accordance with the provisions of this Act, 13 [ and the rule made there ] under the superintendents, direction and control of the State Election Commission 14 [(1-A) Subject to the superintendence, direction and control of the State Election Commission, the Mukhya Nirvachan Adhikari (Panchayat) shall supervise and perform all function relating to the preparation, revision and correction of the electoral roll in the State in accordance with this Act and the rules made thereunder. (I-B) The preparation revision and correction of the electoral rolls shall be done by such persons, and in such manner, as may be prescribed.]1 (2) The electoral roll referred to in sub-section (1) shall be published in the prescribed manner and upon its publication it shall, subject to any alteration, addition or modification made 2 in accordance with this Act, and the rule made there under be the electoral roll for that territorial constituency prepared in accordance with the provisions of this Act. (3) Subject to the provisions of sub-sections (4), (5), (6) and (7) every person who has attained the age of 18 years on the first day of January of the year in which the electoral roll is prepared or revised and who is ordinarily resident in the territorial constituency of a Gram Panchayat shall be entitled to be registered in the electoral roll for that territorial constituency.. Explanation (i) A person shall not be deemed to be ordinarily resident in the territorial constituency on the ground ony that be owns, or is in possession of, a dwelling house therein. (ii) A person absenting himself temporarily from his place of ordinary residence shall not by reason thereof cease to be ordinarily resident therein. (iii) A member of Parliament or of the Legislature of the State shall not, during the term of his office, cease to be ordinarily resident in the territorial constituency merely by reason of his absence from that area in connection with his duties as such member. (iv) Any other factor that may be prescribed shall be taken into consideration for deciding as to what persons may or may not be deemed to be ordinarily residents of a particular area at any relevant time. (v) If in any case a question arises as to where a person is ordinarily resident at any relevant time, the question shall be determined with reference to all the facts of the case. (4) A person shall be disqualified for registration in an electoral roll, if he (a) is not a citizen of India ; or (b) is of unsound mind and stands so declared by a competent court ; or (c) is for the time being disqualified from voting under the provisions of any law relating to corrupt practices and other offences in connection with elections. (5) The name of any person who becomes disqualified under sub-section (4) after registration shall forthwith be struck off the electoral roll in which it is included : Provided that the name of any person struck off the electoral roll by reason of any such disqualification shall forthwith be reinstated in that roll, if such disqualification is, during the period such roll is in force, removed under any law authorising such removal. (6) No person shall be entitled to be registered in the electoral roll for more than one territorial constituency or more than once in the electoral roll for the same territorial constituency. (7) No person shall be entitled to be registered in the electoral roll for any territorial constituency if his name is entered in any electoral roll pertaining to any city, municipality or cantonment unless he shows that his name has been struck off such electoral roll. (8) Where the 1 [Electoral Registration Officer or Assistant Electoral Registration Officer ] is satisfied after making such inquiry as it may deem fit, whether on an application made to it or on its own motion, that any entry in the electoral roll should be corrected or deleted or that the name of any person entitled to be registered should be added in the electoral roll, it shall, subject to the provisions of this Act and rules and orders made thereunder, correct, delete or add the entry, as the case may be : Provided that no such correction, deletion or addition shall be made after the last date for making nominations for an election in the Gram Panchayat and before the completion of that election : Provided further that no deletion or correction of any entry in respect of any person affecting his interest adversely shall be made without giving him reasonable opportunity of being heard in respect of the action proposed to be taken in relation to him. (9) The State Election Commission may, if it thinks it necessary so to do for the purposes of a general or by-election, direct a special revision of the electoral roll for any territorial constituency of a Gram Panchayat in such manner as it may think fit : Provided that subject to the other provisions of this Act, the electoral roll for the territorial constituency, as in force at the time of issue of any such direction, shall continue to be in force until the completion of the special revision so directed. (10) 2[In so far as provision is not made by this Act or the rules the State Election Commission] may by order, make provisions in respect of the following matters concerning the electoral roll, namely– (a) the date on which the electoral roll prepared under this Act shall come into force and its period of operation; (b) the correction of any existing entry in the electoral roll on the application of the elector concerned; (c) the correction of electoral or printing errors in electoral roll ; (d) the inclusion in the electoral roll of the name of any person– (i) whose name in included in the Assembly electoral roll for the area relatable to the territorial constituency but is not inclued in the electoral roll for that territorial constituency or whose name has been wrongly included in the electoral roll for some other territorial constituency, or (ii) whose name is not an included in the Assembly electoral roll but who is otherwise qualified to be registered in the electoral roll for the territorial constituency; (e) the custody and preservation of the electoral roll ; (f) fees payable on applications for inclusion or exclusion of names ; (g) generally all matters relating to the preparation and publication of the electoral roll. (11) Notwithstanding anything contained in the foregoing sub sections, the State Election Commission may, for the purposes of preparation of the electoral roll for a territorial Constituency adopt the electoral roll for the Assembly constituency prepared under the Representation of the People Act, 1950 for the time being in force so far as it relates to the area of that territorial constituency : Provided that the electoral roll for such territorial constituency shall not include any amendment, alteration or correction made after the last date for making nomination for the election of such constituency and before the completion of such election. (12) No civil court shall have jurisdiction— (a) to entertain or adjudicate upon the question whether any person is or is not entitled to be registered in an electoral roll for a territorial constituency ; or (b) to question the legality of any action taken by or under the authority of the State Election Commission 1[or of any decision given by any authorities or office appointed in this behalf] in respect of preparation and publication of electoral rolls.

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