Representation of Peoples Act, 1950 &

RER, 1960

Brief sessions on statutory

provisions concerning
preparation of Electoral Roll

16th September, 2025

Chief Electoral Officer, West Bengal

 Relevant Articles of the Constitution of India
324. Superintendence, direction and control of elections to be vested in an Election Commission.—
(1) The superintendence, direction and control of the preparation of the electoral rolls for, and the
conduct of, all elections to Parliament and to the Legislature of every State and of elections to the
offices of President and Vice-President held under this Constitution shall be vested in a Commission
(referred to in this Constitution as the Election Commission).
(2) The Election Commission shall consist of the Chief Election Commissioner and such number of other
Election Commissioners, if any, as the President may from time to time fix and the appointment of the
Chief Election Commissioner and other Election Commissioners shall, subject to the provisions of any
law made in that behalf by Parliament, be made by the President.
(3) When any other Election Commissioner is so appointed the Chief Election Commissioner shall act as
the Chairman of the Election Commission.
(4) Before each general election to the House of the People and to the Legislative Assembly of each
State, and before the first general election and thereafter before each biennial election to the
Legislative Council of each State having such Council, the President may also appoint after consultation
with the Election Commission such Regional Commissioners as he may consider necessary to assist the
Election Commission in the performance of the functions conferred on the Commission by clause (1).
2
(5) Subject to the provisions of any law made by Parliament, the conditions of service and tenure of
office of the Election Commissioners and the Regional Commissioners shall be such as the
President may by rule determine:
Provided that the Chief Election Commissioner shall not be removed from his office except in like
manner and on the like grounds as a Judge of the Supreme Court and the conditions of service of
the Chief Election Commissioner shall not be varied to his disadvantage after his appointment:
Provided further that any other Election Commissioner or a Regional Commissioner shall not be
removed from office except on the recommendation of the Chief Election Commissioner.
(6) The President, or the Governor of a State, shall, when so requested by the Election
Commission, make available to the Election Commission or to a Regional Commissioner such staff
as may be necessary for the discharge of the functions conferred on the Election Commission by
clause (1).
325. No person to be ineligible for inclusion in, or to claim to be included in a special, electoral roll
on grounds of religion, race, caste or sex.—

There shall be one general electoral roll for every territorial constituency for election to either
House of Parliament or to the House or either House of the Legislature of a State and no person
shall be ineligible for inclusion in any such roll or claim to be included in any special electoral roll for
any such constituency on grounds only of religion, race, caste, sex or any of them.

326. Elections to the House of the People and to the Legislative Assemblies of States to be on the
basis of adult suffrage.—

The elections to the House of the People and to the Legislative Assembly of every State shall be on
the basis of adult suffrage; that is to say, every person who is a citizen of India and who is not less
than [eighteen years] of age on such date as may be fixed in that behalf by or under any law made
by the appropriate Legislature and is not otherwise disqualified under this Constitution or any law
made by the appropriate Legislature on the ground of non-residence, unsoundness of mind, crime
or corrupt or illegal practice, shall be entitled to be registered as a voter at any such election.
4
327. Power of Parliament to make provision with respect to
elections to Legislatures.—

Subject to the provisions of this Constitution, Parliament may from

time to time by law make provision with respect to all matters relating
to, or in connection with, elections to either House of Parliament or
to the House or either House of the Legislature of a State including
the preparation of electoral rolls, the delimitation of constituencies
and all other matters necessary for securing the due constitution of
such House or Houses.
328. Power of Legislature of a State to make provision with respect to elections to such Legislature.—
Subject to the provisions of this Constitution and in so far as provision in that behalf is not made by
Parliament, the Legislature of a State may from time to time by law make provision with respect to all matters
relating to, or in connection with, the elections to the House or either House of the Legislature of the State
including the preparation of electoral rolls and all other matters necessary for securing the due constitution of
such House or Houses.
329. Bar to interference by courts in electoral matters.— [Notwithstanding anything in this Constitution
(a) the validity of any law relating to the delimitation of constituencies or the allotment of seats to such
constituencies, made or purporting to be made under article 327 or article 328, shall not be called in
question in any court;
(b) no election to either House of Parliament or to the House or either House of the Legislature of a State shall
be called in question except by an election petition presented to such authority and in such manner as may
be provided for by or under any law made by the appropriate Legislature.
6
R P Act 1950
13AA. District election officers.—
(1) For each district in a State, the Election Commission shall, in consultation with the Government of
the State, designate or nominate a district election officer who shall be an officer of Government:
Provided that the Election Commission may designate or nominate more than one such officer for a
district if the Election Commission is satisfied that the functions of the office cannot be performed
satisfactorily by one officer.

(2) Where more than one district election officer are designated or nominated for a district under the
proviso to sub-section (1), the Election Commission shall in the order designating or nominating the
district election officers also specify the area in respect of which each such officer shall exercise
jurisdiction.

(3) Subject to the superintendence, direction and control of the chief electoral officer, the district
election officer shall coordinate and supervise all work in the district or in the area within his
jurisdiction in connection with the preparation and revision of the electoral rolls for all parliamentary,
assembly and council constituencies within the district.

(4) The district election officer shall also perform such other functions as may be entrusted to him by
the Election Commission and the chief electoral officer.]
13B. Electoral registration officers.—
(1) The electoral roll [for each parliamentary constituency in the State of Jammu and
Kashmir or in a Union territory not having a Legislative Assembly], each assembly
constituency and each Council constituency] shall be prepared and revised by an electoral
registration officer who shall be such officer of Government or of a local authority as the
Election Commission may, in consultation with the Government of the State in which the
constituency is situated, designate or nominate in this behalf.

(2) An electoral registration officer may, subject to any prescribed restrictions, employ such
persons as he thinks fit for the preparation and revision of the electoral roll for the
constituency.
13C. Assistant electoral registration officers.—
(1) The Election Commission may appoint one or more persons as assistant electoral
registration officers to assist any electoral registration officer in the performance of his
functions.
(2) Every assistant electoral registration officer shall, subject to the control of the electoral
registration officer, be competent to perform all or any of the functions of the electoral
registration officer.

13CC. Chief Electoral Officers, District Election Officers, etc.,

deemed to be on deputation to Election Commission.—The officers
referred to in this Part and any other officer or staff employed in connection with the
preparation, revision and correction of the electoral rolls for, and the conduct of, all
elections shall be deemed to be on deputation to the Election Commission for the period
during which they are so employed and such officers and staff shall, during that period, be
subject to the control, superintendence and discipline of the Election Commission.]
16. Disqualifications for registration in an electoral roll.—
(1) 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.
(2) The name of any person who becomes so disqualified 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 of a constituency by reason of a disqualification under clause (c) of
sub-section (1) shall forthwith be re-instated in that roll if such disqualification is, during the
period such roll is in force, removed under any law authorising such removal.]
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.

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.

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.]
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.]

(2) A person who is a patient in any establishment maintained wholly or mainly for the reception and
treatment of persons suffering from mental illness or mental defectiveness, or who is detained in prison or
other legal custody at any place, shall not by reason thereof be deemed to be ordinarily resident therein.

(3) Any person having a service qualification shall be deemed to be ordinarily resident on any date in the
constituency in which, but for his having such service qualification, he would have been ordinarily resident on
that date.]
(4) Any person holding any office in India declared by the President in consultation with the Election Commission to
be an office to which the provisions of this sub-section apply, shall be deemed to be ordinarily resident on any date
in the constituency in which, but for the holding of any such office, he would have been ordinarily resident on that
date.

(5) The statement of any such person as is referred to in sub-section (3) or sub-section (4) made in the prescribed
form and verified in the prescribed manner, that 6 [but for his having the service qualification] or but for his holding
any such office as is referred to in sub-section (4) he would have been ordinarily resident in a specified place on any
date, shall, in the absence of evidence to the contrary, be 6 [accepted as correct].

(6) The [spouse] of any such person as is referred to in sub-section (3) or sub-section (4) shall 10[if such spouse] be
ordinarily residing with such person be deemed to be ordinarily resident on 12*** in the constituency specified by
such person under sub-section (5).

(7) 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 and to such rules as may be made in this behalf by the
Central Government in consultation with the Election Commission.]

(8) In sub-sections (3) and (5) “service qualification” means— (a) being a member of the armed forces of the Union;
or (b) being a member of a force to which the provisions of the Army Act, 1950 (46 of 1950), have been made
applicable whether with or without modifications; or (c) being a member of an armed police force of a State, who is
serving outside that State; or (d) being a person who is employed under the Government of India, in a post outside
India
20A. Special provisions for citizens of India residing outside India.—
(1) Notwithstanding anything contained in this Act, every citizen of India—
(a) whose name in not included in the electoral roll
(b) who has not acquired the citizenship of any other country; and
(c) who is absenting from his place of ordinary residence in India owing to his employment, education or
otherwise outside India (whether temporarily or not), shall be entitled to have his name registered in the
electoral roll in the constituency in which his place of residence in India as mentioned in his passport is located.

(2) The time within which the name of persons referred to in sub-section (1) shall be registered in the electoral
roll and the manner and procedure for registering of a person in the electoral roll under sub-section (1) shall be
such as may be prescribed.

(3) Every person registered under this section shall, if otherwise eligible to exercise his franchise, be allowed to
vote at an election in the constituency.]
21. Preparation and revision of electoral rolls. —
(1) The electoral roll for each constituency shall be prepared in the prescribed manner by reference to
the qualifying date and shall come into force immediately upon its final publication in accordance
with the rules made under this Act.
(2) The said electoral roll— (a) shall, unless otherwise directed by the Election Commission for reasons
to be recorded in writing, be revised in the prescribed manner by reference to the qualifying date—
(i) before each general election to the House of the People or to the Legislative Assembly of a State;
and
(ii) before each bye-election to fill a casual vacancy in a seat allotted to the constituency; and

(b) shall be revised in any year in the prescribed manner by reference to the qualifying date if such
revision has been directed by the Election Commission: Provided that if the electoral roll is not revised
as aforesaid, the validity or continued operation of the said electoral roll shall not thereby be affected.

(3) Notwithstanding anything contained in sub-section (2), the Election Commission may at any time, for
reasons to be recorded, direct a special revision of the electoral roll for any constituency or part of a
constituency in such manner as it may think fit: Provided that subject to the other provisions of this Act,
the electoral roll for the constituency, as in force at the time of the issue of any such direction, shall
continue to be in force until the completion of the special revision so directed.
22. Correction of entries in electoral rolls.

23. Inclusion of names in electoral rolls

24. Appeals.
An appeal shall lie within such time and in such manner as may 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)].
29. Staff of local authorities to be made available.—
Every local authority in a State shall, when so requested by the chief electoral officer of the
State, make available to any electoral registration officer such staff as may be necessary for the
performance of any duties in connection with the preparation and revision of electoral rolls.

30. Jurisdiction of civil courts barred.—No civil court 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 for the
revision of any such roll.

31. Making false declarations.—If any person makes in connection with—

(b) 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.
32. 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 in
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.]
 THE REGISTRATION OF ELECTORS RULES, 1960
5. Preparation of roll in parts.—
(1) The roll shall be divided into convenient parts which shall be numbered consecutively.

(2) The last part of the roll shall contain the names of every person having a service qualification
and of his wife, if any, who are entitled to be included in that roll by virtue of a statement made
under rule 7.

(3) The names of any person holding a declared office and of his wife, if any, who are entitled to
be included in the roll by virtue of a statement made under rule 7 shall be included in the part of
the roll, pertaining to the locality in which they would, according to that statement, have been
ordinarily resident.

(3A) The name of every overseas elector who is entitled to be included in the roll under section
20A, shall be included in the part of the roll pertaining to the locality in which his place of
residence in India as mentioned in his passport is located.]

(4) The number of names included in any part of the roll shall not ordinarily exceed two thousand
7. Statement under section 20.—
(1) Every person who holds a declared office or has a service qualification and desires to be
registered in the roll for the constituency in which, but for holding such office or having
such qualification, he would have been ordinarily resident, shall submit to the 1
[registration officer of the constituency], a statement in such one of the [Forms 1, 2, 2A
and 3] as may be appropriate.
(2) Every statement submitted under sub-rule (1) shall be verified in the manner specified in
the Form.
(3) Every such statement shall cease to be valid when the person making it ceases to hold a
declared office or, as the case may be, have a service qualification.

8. Information to be supplied by occupants of dwelling-houses.—

The registration officer may, for the purpose of preparing the roll, send letters of request in
Form 4 to the occupants of dwelling-houses in the constituency or any part thereof; and every
person receiving any such letter shall furnish the information called for therein to the best of
his ability
9. Access to certain registers.—
For the purpose of preparing any roll or deciding any claim or objection to a roll, any
registration officer and any person employed by him shall have access to any register of
births and deaths and to the admission register of any educational institution, and it shall
be the duty of every person incharge of any such register to give to the said officer or
person such information and such extracts from the said register as he may require.
17. Rejection of certain claims and objections.—Any claim or objection which is not lodged within the
period, or in the form and manner, herein specified, shall be rejected by the registration officer.

18. Acceptance of claims and objections without inquiry.—If the registration officer is satisfied as to the
validity of any claim or objection, he may allow it without further inquiry after the expiry of one week
from the date on which it is entered in the list exhibited by him under clause (b) of rule 16: Provided that
where before any such claim or objection has been allowed, a demand for inquiry has been made in
writing to the registration officer by any person, it shall not be allowed without further inquiry.

19. Notice of hearing claims and objections.—

(1) Where a claim or objection is not disposed of under rule 17 or rule 18, the registration officer shall—
(a) specify in the list exhibited by him under clause (b) of rule 16, the date, time and place of hearing of
the claim or objection; and
(b) give notice of the hearing— (i) in the case of a claim to the claimant in Form 12; (ii) in the case of an
objection to the inclusion of a name, to the objector in Form 13 and to the person objected to in Form
14; and (iii) in the case of an objection to a particular or particulars in an entry, to the objector in Form
15.
(2) A notice under this rule may be given either personally or by registered post or by affixing it to the
person's residence or last known residence within the constituency.
20. Inquiry into claims and objections.—
(1) The registration officer shall hold a summary inquiry into every claim or
objection in respect of which notice has been given under rule 19 and shall record his
decision thereon.
(2) At the hearing, the claimant or, as the case may be, the objector and the person
objected to and any other person who, in the opinion of the registration officer, is likely to
be of assistance to him, shall be entitled to appear and be heard.
(3) The registration officer may in his discretion—
(a) require any claimant, objector or person objected to, to appear in person before him;
(b) require that the evidence tendered by any person shall be given on oath and administer
an oath for the purpose.
21. Inclusion of names inadvertently omitted.—
(1)] If it appears to the registration officer that owing to inadvertence or error during
preparation, the names of any electors have been left out of the roll and that remedial
action should be taken under this rule, the registration officer shall—
(a) prepare a list of the names and other details of such electors;

(b) exhibit on the notice board of his office a copy of the list together with a notice as to the
time and place at which the inclusion of these names in the roll will be considered, and also
publish the list and the notice in such other manner as he may think fit; and

(c) after considering any verbal or written objections that may be preferred, decide
whether all or any of the names should be included in the roll.

(2) If any statements under rule 7 are received after the publication of the roll in draft
under rule 10, the registration officer shall direct the inclusion of the names of the electors
covered by the statements in the appropriate parts of the roll.
21A. Deletion of names.—If it appears to the registration officer at any time before the
final publication of the roll that owing to inadvertence or error or otherwise, the names of
dead persons or of persons who have ceased to be, or are not, ordinarily residents in the
constituency or of persons who are otherwise not entitled to be registered in that roll, have
been included in the roll and that remedial action should be taken under this rule, the
registration officer, shall—
(a) prepare a list of the names and other details of such electors;
(b) exhibit on the notice board of his office a copy of the list together with a notice as to the
time and place at which the question of deletion of these names from the roll will be
considered, and also publish the list and the notice in such other manner as he may think fit;
and
(c) after considering any verbal or written objections that may be preferred, decide whether
all or any of the names should be deleted from the roll: Provided that before taking any action
under this rule in respect of any person on the ground that he has ceased to be, or is not,
ordinarily resident in the constituency, or is otherwise not entitled to be registered in that roll,
the registration officer shall make every endeavour to give him a reasonable opportunity to
show cause why the action proposed should not be taken in relation to him.]
23. Appeals from orders deciding claims and objections.—
(1) An appeal shall lie from any decision of the registration officer under rule 20, 3 [rule 21 or
rule 21A] to such officer of Government as the Election Commission may designate in this
behalf (hereinafter referred to as the appellate officer): Provided that an appeal shall not
lie where the person desiring to appeal has not availed himself of his right to be heard by,
or to make representations to, the registration officer on the matter which is the subject
of appeal.
(2) Every appeal under sub-rule (1) shall be— (a) in the form of a memorandum signed by the
appellant, and (b) presented to the appellate officer within a period of fifteen days from the
date of announcement of the decision or sent to that officer by registered post so as to reach
him within that period.
(3) The presentation of an appeal under this rule shall not have the effect of staying or
postponing any action to be taken by the registration officer under rule 22.
(4) Every decision of the appellate officer shall be final, but in so far as it reverses or modifies
a decision of the registration officer, shall take effect only from the date of the decision in
appeal.
(5) The registration officer shall cause such amendments to be made in the roll as may be
necessary to give effect to the decisions of the appellate officer under this rule.
27. Appeals under section 24 of the Act.—
(1) Every appeal under clause (a) of section 24 of the Act shall be—
(a) in the form of a memorandum signed by the appellant;
(b) accompanied by a copy of the order appealed from; and
(c) presented to the district magistrate, or additional district magistrate or executive magistrate or district
collector or an officer of equivalent rank as may be notified in the Official Gazette by the Election Commission,
within the period of fifteen days of the order appealed from or sent by registered post so as to reach him within
that period: Provided that such magistrate, collector or officer may condone the delay in presentation of the
appeal to him, if he is satisfied that the appellant had sufficient cause for not presenting it within the specified
time.

(2) Every appeal under clause (b) of section 24 of the Act shall be— (a) in the form of a memorandum signed by
the appellant; (b) accompanied by a copy of the order appealed from; and (c) presented to the chief electoral
officer within a period of thirty days from the date of the order appealed from or sent by registered post so as to
reach him within that period: Provided that the chief electoral officer may condone the delay in presentation of
the appeal to him, if he is satisfied that the appellant had sufficient cause for not presenting it within the
specified time.

(3) For the purposes of sub-rule (1) and sub-rule (2), an appeal shall be deemed to have been presented when
the memorandum of appeal is delivered by, or on behalf of, the appellant to the concerned magistrate, collector,
officer or, as the case may be, the concerned chief electoral officer, or to any other officer appointed by him in
this behalf.]
32. Custody and preservation of rolls and connected papers.— After final
publication of a roll on its revision,—
(a) one authenticated printed copy of the roll shall be retained with the registration officer
till at least one year after such final publication of roll after the next intensive revision, or
summary revision, as the case may be;
(b) one authenticated printed copy of the roll shall be retained with the district election
officer as a permanent record;
(c) one copy of the roll in electronic form shall be retained in the office of the district
election officer as a permanent electronic record;
(d) extra copies of the roll may be disposed of, with the prior approval of the Election
Commission, as soon as may be, after the next revision is completed;
(e) all other papers relating to revision of the roll, such as the enumeration pads, copies of
the roll used for house-to house verification, manuscripts prepared on the basis thereof,
claims and objections and applications for correction of entries and transposition of entries
(Forms 6, 6A, 7, 8 and 8A), and all papers connected with their disposal, shall be retained at
least for three years after the completion of the next intensive revision or summary revision,
as the case may be.
Explanation.— For the purposes of this rule, the expression "electronic form"
and "electronic records" shall have the same meaning assigned to them,
respectively, in clauses (r) and (t) of section 2 of the Information Technology
Act, 2000 (21 of 2000).

33. Inspection of electoral rolls and connected papers.—Every person shall

have the right to inspect the election papers referred to in rule 32 and to get
attested copies thereof on payment of such fee as may be fixed by the chief
electoral officer.

34. Disposal of electoral rolls and connected papers.—(1) The papers referred
to in rule 32 shall, on the expiry of the period specified therein, and subject to
such general or special directions, if any, as may be given by the Election
Commission in this behalf, be disposed of in such manner as the chief electoral
officer may direct.
‘No Voter to be Left Behind’
Every Vote Counts

Thank you
31