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handbook for presiding officers - Chief Electoral Officer, Govt. of Sikkim

handbook for presiding officers - Chief Electoral Officer, Govt. of Sikkim

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8. Clerical and printing errors in the roll to be overlooked<br />

The particulars in respect <strong>of</strong> an elector as entered in the electoral roll are<br />

sometimes incorrectly printed or have become out <strong>of</strong> date e.g., regarding the<br />

exact age <strong>of</strong> the voter. You should overlook mere clerical and printing errors<br />

in any entry relating to an elector in the poll, provided that you are otherwise<br />

satisfied about the identity <strong>of</strong> the person claiming to be the elector, according<br />

to other particulars entered in electoral roll. When the electoral roll has been<br />

prepared in more than one language and the name <strong>of</strong> a person has not been<br />

included in the marked copy <strong>of</strong> the electoral roll, such a person should be<br />

allowed to vote if his name appears in the version <strong>of</strong> the electoral roll in the<br />

other language <strong>for</strong> the same area. An entry in respect <strong>of</strong> every such elector<br />

should be noted by you in ink on the marked copy <strong>of</strong> the electoral roll.<br />

9. Fact <strong>of</strong> enrolment <strong>of</strong> a voter not to be questioned<br />

So long as the identity <strong>of</strong> a voter is established to your satisfaction, he has the<br />

right to vote. No question can be raised at the polling station about the<br />

eligibility <strong>of</strong> such a person to be a voter. For instance, you are not entitled to<br />

hold any inquiry into the question whether he is over 18 years <strong>of</strong> age or<br />

ordinarily resides in the constituency.<br />

10. Declaration <strong>of</strong> elector about his age<br />

10.1 But in the case <strong>of</strong> a person whom you consider much below the qualifying<br />

age, you must be clearly satisfied about his claim <strong>of</strong> being an elector with<br />

reference to the entry in the electoral roll relating to him.<br />

10.2 If you are prima facie satisfied about his identity and the fact <strong>of</strong> inclusion <strong>of</strong> his<br />

name in the electoral roll but consider him to be below the minimum voting<br />

age, you should obtain a declaration as in Annexure X from that elector about<br />

his age on the 1st day <strong>of</strong> January <strong>of</strong> the year with reference to which the<br />

existing electoral roll <strong>of</strong> the constituency has been prepared/revised. Be<strong>for</strong>e<br />

obtaining the declaration from such elector, you should in<strong>for</strong>m him <strong>of</strong> the<br />

penal provision in section 31 <strong>of</strong> the Representation <strong>of</strong> the People Act, 1950,<br />

<strong>for</strong> making false declaration (Extract <strong>of</strong> Section 31 has been given in<br />

Annexure I).<br />

10.3 You should also prepare a list <strong>of</strong> voters from whom you have obtained such<br />

declarations in Part I <strong>of</strong> Annexure XI.. You should also maintain a list in Part II<br />

<strong>of</strong> the said Annexure XI <strong>of</strong> those voters who refuse to give the a<strong>for</strong>esaid<br />

declaration and go away without casting their votes. After the close <strong>of</strong> the poll,<br />

the abovementioned list and the declarations should be kept together in a<br />

separate cover.

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