5
[14. Definitions.—In this Part, unless the context otherwise requires,—
(a) “constituency” means an Assembly constituency 4*** ;
(b) “qualifying date”, in relation to the preparation or revision of every electoral roll under
this Part, means 6
[the 1st day of January, the 1st day of April, the 1st day of July and the 1st day
of October] of the year in which it is so prepared or revised:]
7
[Provided that “qualifying date”, in relation to the preparation or revision of every electoral
roll under this Part in the year 1989, shall be the 1st day of April, 1989.]
15. Electoral roll for every constituency.—For every constituency there shall be an electoral
roll which shall be prepared in accordance with the provisions of this Act under the superintendence,
direction and control of the Election Commission.
1. Ins. by Act 1 of 1989, s. 2 (w.e.f. 15-3-1989).
2. Subs. by Act 47 of 1966, s. 7, for section 13D (w.e.f. 14-12-1966).
3. Subs. by Act 2 of 1956, s. 10, for the heading “REGISTRATION OF PARLIAMENTARY ELECTORS”
(w.e.f. 1-8-2022).
4. Certain words omitted by Act 103 of 1956, s. 65 (w.e.f. 1-1-1957).
5. Subs. by Act 2 of 1956, s. 11, for section 14 (w.e.f. 1-3-1956).
6. Subs. by Act 49 of 2021, s. 2, for “the 1st day of January” (w.e.f.1-8-2022).
7. Ins. by Act 21 of 1989, s. 3 (w.e.f. 28-3-1989).
12
16. Disqualifications for registration in an electoral roll.—(1) A person shall be disqualified
for registration in an electoral roll if he—
(a) is not a citizen of India; or
(b) is of unsound mind and stands so declared by a competent court; or
(c) is for the time being disqualified from voting under the provisions of any law
relating to corrupt 1*** practices and other offences in connection with elections.
(2) The name of any person who becomes so disqualified after registration shall forthwith be
struck off the electoral roll in which it is included:
2
[Provided that the name of any person struck off the electoral roll of a constituency by reason of
a disqualification under clause (c) of sub-section (1) shall forthwith be re-instated in that roll if such
disqualification is, during the period such roll is in force, removed under any law authorising such
removal.]
17. No person to be registered in more than one constituency.—No person shall be entitled
to be registered in the electoral roll for more than one constituency 3* * *.
18. No Person to be registered more than once in any constituency.—No person shall
be entitled to be registered in the electoral roll for any constituency more than once.
4
[19. Conditions of registration.—Subject to the foregoing provisions of this Part, every person
who —
(a) is not less than 5
[eighteen years] of age on the qualifying date, and
(b) is ordinarily resident in a constituency,
shall be entitled to be registered in the electoral roll for that constituency.]
20. Meaning of “ordinarily resident”.—6
[(1) A person shall not be deemed to be ordinarily
resident in a constituency on the ground only that he owns, or is in possession of, a dwelling house
therein.
(1A) A person absenting himself temporarily from his place of ordinary residence shall not by
reason thereof cease to be ordinarily resident therein.
(1B) A member of Parliament or of the Legislature of a State shall not during the term of his
office cease to be ordinarily resident in the constituency in the electoral roll of which he is registered
as an elector at the time of his election as such member, by reason of his absence from that
constituency in connection with his duties as such member.]
(2) A person who is a patient in any establishment maintained wholly or mainly for the
reception and treatment of persons suffering from mental illness or mental defectiveness, or who is
detained in prison or other legal custody at any place, shall not by reason thereof be deemed to be
ordinarily resident therein.
7
[(3) Any person having a service qualification shall be deemed to be ordinarily resident on any
date in the constituency in which, but for his having such service qualification, he would have been
ordinarily resident on that date.]
1. The words “and illegal” omitted by Act 58 of 1960, s. 3 and the Second Schedule (w.e.f. 26-12-1960).
2. Ins. by Act 73 of 1950, s. 4 (w.e.f. 23-12-1950).
3. The words “in the same State” omitted by Act 58 of 1958, s. 6 (w.e.f. 30-12-1958).
4. Subs. by s. 7, ibid., for section 19 (w.e.f. 30-12-1958).
5. Subs. by Act 21 of 1989, s. 4, for “twenty-one years” (w.e.f. 28-3-1989).
6. Subs. by Act 58 of 1958, s. 8, for sub-section (1) (w.e.f. 30-12-1958).
7. Subs. by Act 47 of 1966, s. 8, for sub-section (3) (w.e.f. 14-12-1966).
13
(4) Any person holding any office in India declared1 by the President in consultation with the
Election Commission to be an office to which the provisions of this sub-section
apply, 2*** shall be deemed to be ordinarily resident 3*** on any date in the constituency in which,
but for the holding of any such office 4***, he would have been ordinarily resident 5* * * on that
date.
(5) The statement of any such person as is referred to in sub-section (3) or sub-section (4) made in
the prescribed form and verified in the prescribed manner, that 6
[but for his having the service
qualification] or but for his holding any such office 7*** as is referred to in sub-section (4) he would
have been ordinarily resident in a specified place 8*** on any date, shall, in the absence of evidence
to the contrary, be 6
[accepted as correct].
(6) The 9
[spouse] of any such person as is referred to in sub-section (3) or sub-section (4)
shall 10[if such spouse] be ordinarily residing with such person 11*** be deemed to be ordinarily
resident on 12*** in the constituency specified by such person under sub-section (5).
13[(7) If in any case a question arises as to where a person is ordinarily resident at any
relevant time, the question shall be determined with reference to all the facts of the case and to
such rules as may be made in this behalf by the Central Government in consultation with the
Election Commission.]
(8) In sub-sections (3) and (5) “service qualification” means—
(a) being a member of the armed forces of the Union; or
(b) being a member of a force to which the provisions of the Army Act, 1950 (46 of 1950),
have been made applicable whether with or without modifications; or
(c) being a member of an armed police force of a State, who is serving outside that State; or
(d) being a person who is employed under the Government of India, in a post outside India.
14[20A. Special provisions for citizens of India residing outside India.—(1) Notwithstanding
anything contained in this Act, every citizen of India—
(a) whose name in not included in the electoral roll;
1. The following offices have been declared by the President by Notification No. S.O. 959, dated the 18th April, 1960: —
1. The President of India.
2. The Vice-President of India.
3. The Governors of States.
4. Cabinet Ministers of the Union or of any State.
5. The Deputy Chairman and Members of the Planning Commission.
6. The Ministers of State of the Union or of any State.
7. The Deputy Ministers of the Union or of any State.
8. The Speaker of the House of the People or of any State Legislative Assembly.
9. The Chairman of any State Legislative Council.
10. The Lieutenant Governors of Union territories.
11. The Deputy Speaker of the House of the People or of any State Legislative Assembly.
12. The Deputy Chairman of the Council of States or of any State Legislative Council.
13. The Parliamentary Secretaries of the Union or of any State.
2. Certain words omitted by Act 47 of 1966, s. 8 (w.e.f. 14-12-1966).
3. The words “during any period or” omitted by Act 2 of 1956, s. 14 (w.e.f. 1-3-1956).
4. The words “or employment” omitted by Act 47 of 1966, s. 8 (w.e.f. 14-12-1966).
5. The words “during any period or” omitted by Act 2 of 1956, s. 14 (w.e.f. 1-3-1956).
6. Subs. by Act 47 of 1966, s. 8, for certain words (w.e.f. 14-12-1966).
7. Certain words omitted by s. 8, ibid. (w.e.f. 14-12-1966).
8. The words “during any period or” omitted by Act 2 of 1956, s. 14 (w.e.f. 1-3-1956).
9. Subs. by Act 49 of 2021, s. 3, for “wife” (w.e.f. 1-8-2022).
10. Subs. by s. 3, ibid., for “if she” (w.e.f. 1-8-2022).
11. The words “during any period” omitted by Act 2 of 1956, s. 14 (w.e.f. 1-3-1956).
12. The words “during that period” omitted by s. 14, ibid (w.e.f. 1-3-1956).
13. Ins. by Act 47 of 1966, s. 8 (w.e.f. 14-12-1966).
14. Ins. by Act 36 of 2010, s. 2 (w.e.f. 10-2-2011).
14
(b) who has not acquired the citizenship of any other country; and
(c) who is absenting from his place of ordinary residence in India owing to his employment,
education or otherwise outside India (whether temporarily or not),
shall be entitled to have his name registered in the electoral roll in the constituency in which his place
of residence in India as mentioned in his passport is located.
(2) The time within which the name of persons referred to in sub-section (1) shall be registered in
the electoral roll and the manner and procedure for registering of a person in the electoral roll under
sub-section (1) shall be such as may be prescribed.
(3) Every person registered under this section shall, if otherwise eligible to exercise his franchise,
be allowed to vote at an election in the constituency.]
1
[21. Preparation and revision of electoral rolls. — (1) The electoral roll for each constituency
shall be prepared in the prescribed manner by reference to the qualifying date and shall come into
force immediately upon its final publication in accordance with the rules made under this Act.
2
[(2) The said electoral roll—
(a) shall, unless otherwise directed by the Election Commission for reasons to be recorded
in writing, be revised in the prescribed manner by reference to the qualifying date—
(i) before each general election to the House of the People or to the Legislative Assembly
of a State; and
(ii) before each bye-election to fill a casual vacancy in a seat allotted to the constituency;
and
(b) shall be revised in any year in the prescribed manner by reference to the qualifying date
if such revision has been directed by the Election Commission:
Provided that if the electoral roll is not revised as aforesaid, the validity or continued operation of
the said electoral roll shall not thereby be affected.]
(3) Notwithstanding anything contained in sub-section (2), the Election Commission may
at any time, for reasons to be recorded, direct a special revision of the electoral roll for any
constituency or part of a constituency in such manner as it may think fit:
Provided that subject to the other provisions of this Act, the electoral roll for the
constituency, as in force at the time of the issue of any such direction, shall continue to be in force
until the completion of the special revision so directed.
3
[22. Correction of entries in electoral rolls.—If the electoral registration officer for a
constituency, on application made to him or on his own motion, is satisfied after such inquiry as he
thinks fit, that any entry in the electoral roll of the constituency—
(a) is erroneous or defective in any particular,
(b) should be transposed to another place in the roll on the ground that the person concerned
has changed his place of ordinary residence within the constituency, or
(c) should be deleted on the ground that the person concerned is dead or has ceased to be
ordinarily resident in the constituency or is otherwise not entitled to be registered in that roll,
the electoral registration officer shall, subject to such general or special directions, if any, as may be
given by the Election Commission in this behalf, amend, transpose or delete the entry 4
[after proper
verification of facts in such manner as may be prescribed]:
1. Subs. by Act 2 of 1956, s. 15, for sections 21 to 25 (w.e.f. 1-3-1956).
2. Subs. by Act 47 of 1966, s. 9, for sub-section (2) (w.e.f. 14-12-1966).
3. Subs. by Act 58 of 1958, s. 9, for section 22 (w.e.f. 30-12-1958).
4. Ins. by Act 36 of 2010, s. 3 (w.e.f. 10-2-2011).
15
Provided that before taking any action on any ground under clause (a) or clause (b) or any
action under clause (c) on the ground that the person concerned has ceased to be ordinarily
resident in the constituency or that he is otherwise not entitled to be registered in the electoral roll of
that constituency, the electoral registration officer shall give the person concerned a reasonable
opportunity of being heard in respect of the action proposed to be taken in relation to him 1
[after
proper verification of facts in such manner as may be prescribed].
2
[23. Inclusion of names in electoral rolls.— (1) Any person whose name is not included in the
electoral roll of a constituency may apply to the electoral registration officer for the inclusion of his
name in that roll.
(2) The electoral registration officer shall, if satisfied that the applicant is entitled to be registered
in the electoral roll, direct his name to be included therein 3
[after proper verification of facts in such
manner as may be prescribed]:
Provided that if the applicant is registered in the electoral roll of any other constituency, the
electoral registration officer shall inform the electoral registration officer of that other constituency
and that officer shall, on receipt of the information, strike off the applicant's name from that roll 3
[after
proper verification of facts in such manner as may be prescribed].
(3) No amendment, transposition or deletion of any entry shall be made under section 22 and no
direction for the inclusion of a name in the electoral roll of a constituency shall be given under this
section, after the last date for making nominations for an election in that constituency or in the
parliamentary constituency within which that constituency is comprised and before the completion of
that election.]
4
[(4) The electoral registration officer may for the purpose of establishing the identity of any
person require that such person may furnish the Aadhaar number given by the Unique Identification
Authority of India as per the provisions of the Aadhaar (Targeted Delivery of Financial and Other
Subsidies, Benefits and Services) Act, 2016 (18 of 2016):
Provided that the electoral registration officer may also require the Aadhaar number from persons
already included in the electoral roll for the purposes of authentication of entries in electoral roll and
to identify registration of name of the same person in the electoral roll of more than one constituency
or more than once in the same constituency.
(5) Every person whose name is included in the electoral roll may intimate his Aadhaar number to
such authority in such form and manner as may be prescribed, on or before a *date to be notified by
the Central Government in the Official Gazette.
(6) No application for inclusion of name in the electoral roll shall be denied and no entries in the
electoral roll shall be deleted for inability of an individual to furnish or intimate Aadhaar number due
to such sufficient cause as may be prescribed:
Provided that such individual may be allowed to furnish such other alternate documents as may be
prescribed.
Explanation.—For the purposes of this section, the expression "Aadhaar number" shall have the
same meaning as assigned to it in clause (a) of Section 2 of the Aadhaar (Targeted Delivery of
Financial and Other Subsidies, Benefits and Services) Act, 2016 (18 of 2016).]
1. Ins. by Act 36 of 2010, s. 3 (w.e.f. 10-2-2011).
2. Subs. by Act 47 of 1966, s. 10, for s. 23 (w.e.f. 14-12-1966).
3. Ins. by Act 36 of 2010, s. 4 (w.e.f. 10-2-2011).
4. Ins. by Act 49 of 2021, s. 4 (w.e.f. 1-8-2022).
* 1st April, 2023 section 25 (5), vide notification No. S.O. 2805(E), dated 17th June, 2022, see Gazette of India,
Extraordinary, Part II, sec. 3 (ii).
16
1
[24. Appeals.—An appeal shall lie within such time and in such manner as may be
prescribed—
(a) to the 2
[district magistrate or additional district magistrate or executive magistrate or
district collector or an officer of equivalent rank], from any order of the electoral registration
officer under section 22 or section 23 3***.
4
[(b) to the chief electoral officer, from any order of the district magistrate or the additional
district magistrate under clause (a)].
25. Fee for applications and appeals.— Every applications under section 22 or section 23 and
every appeal under section 24 shall be accompanied by the prescribed fee which shall, in no case,
be refunded.]
5
[25A. Conditions of registration as elector in Sangha constituency in
Sikkim.—Notwithstanding anything contained in sections 15 and 19, for the Sangha constituency in
the State of Sikkim, only the Sanghas belonging to monasteries, recognised for the purpose of the
elections held in Sikkim in April, 1974, for forming the Assembly for Sikkim, shall be entitled to be
registered in the electoral roll, and the said electoral roll shall, subject to the provisions of
sections 21 to 25, be prepared or revised in such manner as may be directed by the Election
Commission, in consultation with the Government of Sikkim.]