Handbook for Electoral Registration Officers - Election Commission ...

69. Unexecuted non-bailable warrant (NBW) cases: The Commission has taken aview that a person against whom an NBW has remained unexecuted for a period of 6months or more should be presumed to have ceased to be ordinarily resident at the givenaddress. This is based on the fact that the whereabouts of such a person are not knownand therefore the Commission has instructed the EROs that they may take suo-motuaction to delete their names from the electoral rolls after giving them due notice. Thepolice authorities shall be duly intimated and asked to be present during such hearings. It isthen for the person concerned to appear before the ERO in person in which case it will befor the Police to serve the NBW on him or he may still remain absent in which case theERO will delete his name from the electoral roll. The Commission has prescribed theFormat of Notice reproduced below:*NOTICE UNDER RULE 21 A OF RE RULES 1960/SECTION 22 OF RP ACT1950 FOR DELETION OF NAMEFrom:Electoral Registration Officer ofAssembly ConstituencyCum(designation and complete office address to be given here)Sir/Madam,Whereas, as per records, your name is registered as an elector at Sl. No.Part No.of the electoral roll forAssemblyConstituency in the State; andWhereas, it has been reported to the undersigned that you have been found absentfrom the place of your ordinary residence as given in the electoral roll for the last morethan six months. It is, therefore, presumed that you have ceased to be ordinarily residentin the constituency at the abovementioned address.Take notice that the undersigned proposes to delete your name from the electoralroll under the provisions of Section 22 of the Representation of the People Act 1950/Rule21 A of Registration of Electors Rules 1960 on the ground that you have ceased to beordinarily resident in the constituency. In case you have anything to submit against theaction proposed to be taken in relation to you, you may appear personally before theundersigned on (date) at (hours) in the office of the undersigned.Take further notice that in the event of your failure to appear personally before theundersigned on the aforesaid date and hour, it will be presumed that you have nothing tosay in the matter and your case would be decided under the said Section 22/Rule 21 Awithout further reference to you.PlaceDateElectoral Registration Officer forAssembly Constituency53