Learning Module for Police Personnel Sub Learning Objective 14.5: To list down major legal provisions with respect to conduct of elections Learning Module for Police Personnel

Sub Learning Point 14.5. Representation Of The People Act, 1950 This Act contains 32 Sections in 5 Parts. THE PARTS ARE AS FOLLOWS Part I – (Sec. 1 and 2) gives the title and definitions Part II (Sec. 3 to 13) provides for allocation of seats and delimitation of Constituencies in the Lok Sabha and the State Legislative Assemblies and Councils. Part IIA (Sec.13A, 13AA, 13B, 13C and 13CC) Details the officers connected with the preparation of Electoral Rolls. Learning Module for Police Personnel

Sub Learning Point 14.5: Representation Of the People Act, 1950 Part IIB (Sec. 13D) provides for Electoral Rolls of Parliamentary Constituencies Part III (Sec. 14 to 25A) provides for Electoral Rolls for Assembly Constituencies Part IV (Sec.27) provides for Electoral Roll Council Constituencies. Learning Module for Police Personnel

Sub Learning Point 14.5: Representation Of the People Act, 1950 Part IVA (Sec.27A to 27K) provides for the manner of filling seats in the Council of States Part V (Sec. 28 to 32) gives general provisions with regard to the jurisdiction of Civil Courts; making available staff from local authorities, etc. Learning Module for Police Personnel

Sub Learning Point 14.5: Representation Of the People Act, 1950 Section 2 defines “Election Commission” as the Commission appointed by the President under Article 324 of the Constitution of India. Section 13B(1) provides for designation or nomination of ERO by ECI Section 13A provides for a Chief Electoral Officer in each State. Section 13B(2) The ERO can employ various persons for the preparation and revision of the Electoral Roll for the AC. Section 13AA provides for the nomination by the ECI of an officer to be the District Election Officer. Section 13C provides for appointment of one or more AEROs to assist EROs. AEROs are competent to perform all or any of the functions of EROs and are subject to the control of EROs. IMPORTANT SECTIONS Learning Module for Police Personnel

Sub Learning Point 14.5: Representation Of the People Act, 1950 Section 13CC CEO, DEO, ERO, AERO and all other officers or staff employed for preparation, revision and correction of Electoral Rolls or conduct of elections are deemed to be on deputation to the ECI. Section 18 No person can be registered more than once in any Constituency. Section 16 provides for reasons for disqualification for registration in Electoral Roll. Section 19 gives the criteria for entitlement for registration, i.e. 18 years of age on qualifying date and ordinarily resident in a Constituency. Section 17 No person can register in more than one Constituency. Section 20 gives the meaning of “ordinarily resident”. Learning Module for Police Personnel

Sub Learning Point 14.5: Representation Of the People Act, 1950 Section 21 gives the provisions for various kinds of revision of Electoral Rolls. Section 30 provides for a bar on the jurisdiction of Civil Courts to adjudicate upon the question whether a person is or is not entitled to be registered in the Electoral Roll. The Civil Courts cannot question the legality of any action taken by or under the authority of an ERO for the revision of any Roll. Section 22 provides for the powers of ERO/AERO for amending, transposing or deleting an entry in the Electoral Rolls. Section 23 provides for the powers of the ERO/AERO to include names in the Electoral Rolls. Section 31 is a penal clause for making false declarations. Section 29 provides for making available the staff of local authorities to ERO for the work related to the preparation and revision of Electoral Rolls. Section 32 is the penal clause for being guilty of any act or omission in breach of official duty by ERO, AERO or any other person required to perform any official duty in connection with the preparation or revision of an Electoral Roll. Learning Module for Police Personnel

Learning Module for Police Personnel Did you know? In first general elections, many women in northern India were reluctant to register under their own names, wishing instead to identify themselves as A’s mother or B’s wife. However EC was reluctant to add their names as A's wife or B's mother. Therefore, nearly 2.8 million eligible women voters who refused to cooperate with EC, or whose husbands would not permit them to do so, had to be struck off the rolls. Learning Module for Police Personnel