Preparation and publication of electoral roll

§39

Summary

1[ 39. (1) Subject to the superintendence, direction and control of the State Election Commission the electoral roll for each ward shall be prepared and published in the manner prescribed by rules by an Electoral Registration Officer under the supervision of the Chief Election Officer (Urban Local Bodies). (2) The Chief Election Officer (Urban Local Bodies) and the Electoral Registration Officer, referred to in sub-section (1), shall be such officers of the State Government as the State Election Commission may, in consultation with the State Government, designate or nominate in this behalf. (3) Upon the publication of the electoral roll it shall, subject to any alteration, addition or correction made in accordance with this Act or the rules made thereunder, be the electoral roll for the ward prepared in accordance with this Act. (4) The Electoral Registration Officer may, for the purpose of preparation of electoral roll for a ward, adopt, in accordance with the direction of the State Election Commission, the Assembly roll for the time being in force so far as it relates to the area of that ward : Provided that the electoral roll for that ward shall not include any amendment, alteration or correction made after the last date for making nomination for the election of such ward and before the completion of such election. (5) Where the Electoral Registration Officer is satisfied after making such enquiry as he thinks fit, whether on an application made to him or on his 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, he shall subject to the provisions of this Act and rules and orders made thereunder delete or correct or add the entry, as the case may be : Provided that no such, deletion, correction or addition shall be made after the last date for making nominations for an election in the ward and before the completion of such election : Provided further that no deletion or correction affecting the interest of any person 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: (6) An appeal shall lie within such time and manner and to such officer or authority as may be prescribed by rules against any order of the Electoral Registration Officer in regard to the inclusion, deletion or correction of a name in the electoral roll.]

1[ 39. (1) Subject to the superintendence, direction and control of the State Election Commission the electoral roll for each ward shall be prepared and published in the manner prescribed by rules by an Electoral Registration Officer under the supervision of the Chief Election Officer (Urban Local Bodies). (2) The Chief Election Officer (Urban Local Bodies) and the Electoral Registration Officer, referred to in sub-section (1), shall be such officers of the State Government as the State Election Commission may, in consultation with the State Government, designate or nominate in this behalf. (3) Upon the publication of the electoral roll it shall, subject to any alteration, addition or correction made in accordance with this Act or the rules made thereunder, be the electoral roll for the ward prepared in accordance with this Act. (4) The Electoral Registration Officer may, for the purpose of preparation of electoral roll for a ward, adopt, in accordance with the direction of the State Election Commission, the Assembly roll for the time being in force so far as it relates to the area of that ward : Provided that the electoral roll for that ward shall not include any amendment, alteration or correction made after the last date for making nomination for the election of such ward and before the completion of such election. (5) Where the Electoral Registration Officer is satisfied after making such enquiry as he thinks fit, whether on an application made to him or on his 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, he shall subject to the provisions of this Act and rules and orders made thereunder delete or correct or add the entry, as the case may be : Provided that no such, deletion, correction or addition shall be made after the last date for making nominations for an election in the ward and before the completion of such election : Provided further that no deletion or correction affecting the interest of any person 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: (6) An appeal shall lie within such time and manner and to such officer or authority as may be prescribed by rules against any order of the Electoral Registration Officer in regard to the inclusion, deletion or correction of a name in the electoral roll.]

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