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Handbook for Electoral Registration Officers - Election Commission ...

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12. The scribes preparing the manuscripts should be asked to certify at the end of thecopy of the manuscript rolls that the manuscript has been prepared strictly according tothe entries in the electoral cards in enumeration pads and are true and correct to the bestof their knowledge.13. After the new rolls <strong>for</strong> the entire constituency in manuscript <strong>for</strong>m have beenprepared, arrangement should be made <strong>for</strong> the checking of the manuscripts toensure that no mistakes have crept in and also to get mistakes, if any, correctedimmediately.14. At this point, the following points also should be checked:14.1 Removal of names of disqualified person: The ERO should verify that thenames of person disqualified <strong>for</strong> registration of voting are not included in themanuscript rolls and also ensure that the name of such person, whosedisqualifications have been removed are reinstated in the appropriate places.Under Section 16(1) (c) of the RPA 1950, a person shall be disqualified <strong>for</strong>registration in an electoral roll, if he is <strong>for</strong> the time being disqualified fromvoting under the provisions of any law relating to corrupt practices and otheroffences in connection with elections. Under Section 16(2), the name of anyperson who incurs such disqualification after his name is registered shall<strong>for</strong>thwith be struck off from the electoral rolls. Section 11A of the RPA, 1951stipulates that a person shall be disqualified <strong>for</strong> voting at any election—14.1.1 If he is convicted of an offence punishable under section 171E or171F of the Indian Penal Code or Under Section 125 or Section135 or Section 136(2)(a) of the RPA, 1951 or;14.1.2 If he is disqualified by a decision of the President under Section8A (1) of the RPA, 1951 on being found guilty of a corruptpractice at an election under Section 99 of that Act.14.1.3 The disqualification mentioned at 13.1.1 above is <strong>for</strong> 6 years fromthe date of conviction, and at 13.1.2 above is <strong>for</strong> the periodspecified in the order of the President.14.2 If the <strong>Registration</strong> Officer receives intimation that the disqualification of aperson, whose name has been struck off from the electoral rolls then in <strong>for</strong>ce,has been removed, he should restore, suo motu, the name in the roll. This isprovided under the proviso to the Section 16 of the RPA, 1950.14.3 If, however, such intimation is received after that roll has ceased to be in<strong>for</strong>ce, and a revised roll <strong>for</strong> the constituency has come into <strong>for</strong>ce, the name ofperson should not be included suo moto in that revised roll.14.4However, there is no objection to the inclusion of such a name in the roll, ifthe person concerned makes an application <strong>for</strong> inclusion under Section 23 ofthe RPA, 1950.14.5 Retention of names of Members of Parliament and State Legislature:The <strong>Electoral</strong> <strong>Registration</strong> Officer should ensure that the names of allMembers of Parliament and the State Legislatures find a place in the roll.Special care should be taken to see that the names of members of Parliamentand members of State Legislatures are not left out from the electoral rolls. Atthe time of draft publication of the electoral rolls, the ERO should certify tothe Chief <strong>Electoral</strong> Officer that the names of MPs, MLAs and MLCs continueto be borne on the rolls on which they were registered at the time of their22

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