Legal Provision-Electoral Roll

Legal Provisions and Rules
The electoral rolls are prepared and revised, subject to the overall superintendence, direction and control of the Election Commission under Article 324 of the Constitution, in accordance with the provisions of Representation of People Act, 1950 and Registration of Electors Rules, 1960. The said Act and Rules have detailed provisions relating to procedure of preparation of electoral rolls and various activities pertaining thereto and also the electoral machinery responsible for preparation and revision of electoral rolls as per the given procedure. These legal provisions have a complete mechanism for any person who has a grievance relating to registration in electoral rolls to avail of the remedy as provided for in them. The Supreme Court has maintained that any matter relating to electoral rolls can only be challenged in accordance with these legal provisions.
 
Representation of the People Act, 1950 – In exercise of Article 327, the Parliament enacted the Representation of the People Act, 1950. The Act came into effect on 12th May, 1950.
(i) Section 3-13 relates to allocation of seats in House of People and State Legislatures and procedure of delimitation of constituencies.
(ii) Section 13A-13CC deals with the electoral machinery at the State and District level.
(iii) Sections 14-25 provide for preparation of electoral rolls for each constituencies under the supervision, direction and control of the Election Commission and cover the qualification/disqualification for registration of an elector and other conditions applicable to the preparation and revision of the electoral rolls.
(iv) Section 27 deals with preparation of electoral rolls for Council Constituencies.
(v) Sections 28-32 provide for general provisions relating to Central Government’s powers to make rules, for providing staff for performance of duties in connection with preparation and revision of electoral rolls, barring jurisdiction of Civil Courts and punishment in case of making false declaration and breach of official duty.
 
Registration of Electors Rules, 1960 – Initially, rules for registration in electoral rolls were made in 1950, named as the Representation of People (Preparation of Electoral Rolls) Rules, 1950. Later on, these rules were replaced by a new set of rules in 1956 under the name of Representation of People (Preparation of Electoral Rolls) Rules, 1956. Finally, in exercise of the powers conferred by Section 28 of the Representation of the People Act, 1950, the Central Government, after consulting the Election Commission, framed Registration of Electors Rules, 1960. The rules were published by Ministry of Law on 10th November, 1960. These rules provide the manner and methodology of preparation of electoral rolls.
(i) Rules 4-23 relates to the manner of preparation of electoral rolls.
(ii) Rule 28 deals with issue of identity cards.
(iii) Rules 30 and 31 provide for manner of preparation of electoral rolls for Council Constituencies.
(iv) Rules 32-35 relate to preservation and disposal of electoral rolls, forms and connected papers.