Handbook for Electoral Registration Officers - Election Commission ...

CHAPTER III - GENERAL PRINCIPLES OF VOTER REGISTRATIONDisqualifications for registration in an electoral roll:1. According to Section 16 of RPA, 1950, a person shall be disqualified forregistration in an electoral roll if (s)he—a. Is not a citizen of India; orb. Is of unsound mind and stands so declared by a competent court; orc. Is, for the time being, disqualified from voting under the provisions of anylaw relating to corrupt practices and other offences in connection withelections. (Please refer Section 11A of the RPA, 1951).2. The name of any person who becomes so disqualified after registration shallforthwith be struck off from the electoral roll in which it is included.3. No person shall be entitled to be registered in the electoral roll for more than oneconstituency and no person shall be entitled to be registered in the electoral rollfor any constituency more than once as provided in Section 17 and 18 of RPA,1950.Conditions for registration in an electoral roll:4. According to the provisions of Section 19 of RPA, 1950, subject to the above saidrestrictions, every person shall be entitled to be registered in the electoral roll ofthe Constituency who--a. is not less than 18 years of age on the qualifying date andb. is ordinarily resident in a constituency,Meaning of ‘ordinarily resident’ (Section 20 of the RPA 1950):5. A person is said to be ordinarily resident in a place if he uses that place forsleeping. He need not be eating in that place and may be eating from a placeoutside. Temporary periods of absence from this ordinary place of stay can beignored. It is not necessary that the period of stay should be continuous for anyparticular length of time and should be without any break. Temporary absence onaccount of duty or employment or even for pleasure should not be considered tointerrupt the concept of ordinary residence. It is purely a question of fact whethera person is ordinarily resident at a particular place or not. Mere absence for sometime will not deprive a person of the qualification of ordinary residence if hepossesses ability to return and has intention to return to that place. Persons whohave gone out of the country for business or employment should be treated ashaving moved out of that place. Mere ownership or possession of a building orother immovable property will not bestow upon the owner, the residentialqualification. On the other hand even persons living in sheds and persons livingon pavements without any roof are eligible for enrolment provided they areordinarily resident in the sheds or on pavements in a particular area, a n ddo notchangethe place of residence and are otherwise identifiable.15