FAQ

(We do often provide answers to some Frequently Asked Questions (FAQ) to different processes associated with the implementation of different policies and programmes. However, there are certain critical issues on which questions are sparingly asked, although the issues required thought out solutions. For a better understanding of the functionaries associated with the process, there should be some forum for discussion on those issues. I thought it prudent to use this blog for raising and responding to such questions. This may be useful for the officials. Since this is posted in a blog that is accessible to interested people, this may also guide the electors as well.)

Usually, the electoral rolls of the constituencies are published in draft sometime around the month of October based on which the intending electors who would attain 18 years of age as on the 1st day of January of the succeeding year are given opportunities to apply for inclusion of names. The same opportunity is to be utilized for seeking correction of entries, transposition of names from one part of an AC to another part where the elector has shifted her ordinary residence and also for seeking deletion of names of enrolled electors. Applications in such cases are to be filed at the polling station location before the Designated Officer and a single copy of the application would do. Once the final rolls of the year is subsequently published in the month of January, the regular revision process closes.

Once the regular revision process closes, the electors are given opportunity to apply afresh to the Electoral Registration Officer under a process known as continuous updation of electoral rolls. To avail oneself of the opportunity of the continuous updation process, one has to apply directly to the Electoral Registration Officer. The applications, addressed to the ERO should be preferred in two copies and sent directly to the ERO concerned. The ERO, on completion of a process of inquiry and hearing, if required, passes the appropriate order accepting or rejecting the application. Once the order accepting the application is passed, the inclusion/ deletion/ correction/transposition is effected in the database and there is no problem in issuing EPIC to the newly included elector. However, the entries are not reflected in formally published electoral rolls until the publication of the next draft rolls/ special supplement during elections.

2. Whether applying to the ERO means that the applications are to be directly delivered to the Office of the ERO?

By applying to the ERO it is meant that the applications are to be disposed of by the ERO himself. There is no issue if the Booth Level Officers (BLO) or any of the Assistant Electoral Registration Officers (AERO) receives the application on behalf of the ERO and transmits the same to the ERO for disposal. The only stipulation is that in all such cases, the applications are to be disposed of directly by the ERO concerned and not by any authority subordinate to the ERO.

3. Why two copies of the application forms to be submitted in case of continuous updation?

During the regular revision process, the Designated Officer receives the claims and objections at the polling locations and at the end of each day prepares and publishes the list of claims and objections in separate format (Forms 9, 10 and 11, as appropriate). A similar list is also published in the Office of the ERO once the applications reach her. The claims and objections thus notified are to be disposed of after the expiry of seven days from the date of such publication. If during a regular revision process, applications are sent directly to the ERO instead of the DO, the same process of display of notices would be followed at the level of the ERO.

In case of continuous updation, however, there is no such provision for using Forms 9/10/11. In such cases, the duplicate copy of the application has to be published in the office notice board of the ERO concerned which is supposed to be displayed for seven days and the people are at liberty to file objections to such proposed inclusions etc. Hence, there is the provision for two copies of the applications.

4. What are the procedures for the disposal of applications received during the continuous updation process?

As mentioned above, any application received under Sections 22 and 23 of the Representation of the People Act, 1950 during the process of continuous updation is to be notified in the office notice board of the ERO by displaying a copy of the application form received. This display is to be made for a period of seven days excluding the date of publication and if the last date falls on a holiday the next working day should be specified as the last date till which objections can be entertained.

Once the period of seven days, as specified above, expires the ERO takes up the application for further action. If she is satisfied that all papers are furnished as per requirement and there is no doubt as to the proposed inclusion/ correction, she may dispose of the application without any further process of inquiry/ hearing. If, however, the ERO has any doubt or the papers submitted are insufficient, the ERO may arrange field inquiry into the case. She may also ask the applicant to come for a hearing. In case of hearing, however, the same has to be taken by the ERO herself. Based on her findings/ findings of the field enquiry or the evidences adduced during hearing, the ERO passes reasoned order accepting or rejecting a claim or objection. The acceptance or rejection is communicated to the applicant/ objector and the name is included in the electoral rolls/ modified as ordered.

In case of objections as to the entry of a person in the finally published electoral rolls, the ERO has to give the elector whose name is objected against the adequate opportunity of being heard. No deletion from the electoral rolls should be ordered without giving the elector whose name is proposed to be deleted an opportunity of being heard as this goes against natural justice.

5. When to appeal against an order to the ERO? Where to prefer such appeals?

The ERO passes orders against claims/ objections at two different stages - During the regular revision of electoral rolls and during the process of continuous updation. During the regular revision process, orders can be passed by an AERO as well. Any order passed by the ERO/ AERO has to be communicated to the applicant. Within 15 days from the date of announcement of the decision of the ERO, the applicant can prefer an appeal before the District Election Officer (DEO) for reconsideration of the decision of the ERO thus communicated. Since there are lapses in the communication of the order of the ERO/ AERO, the date of final publication of the electoral rolls is usually taken as the date of communication of the order of the ERO. However, it is pertinent to mention that communication is a statutory responsibility of the ERO and the same should be strictly adhered to.

As per the legal provision, the appeals are to be disposed of by the appellate authority, i.e., the District Election Officer concerned. However, for administrative convenience there should be no bar in assigning the responsibility of hearing on behalf of the DEO to any sub ordinate officer, not being an ERO. In such cases, the subordinate officer shall take the hearing and record the proceedings. The proceedings thus drawn up should be placed, under the signature of the drawing officer, to the DEO for the issue of the final order. Only the DEO shall issue the final order accepting or rejecting an appeal.

An order passed by the ERO during the process of continuous updation of electoral rolls should be preferred to the Chief Electoral Officer (CEO) of the State only. In all such cases, the CEO would dispose of the appeal in a manner similar to the one detailed above.