Claims and Objection During Roll Revision Process

Transcription

1 Claims and Objection During Roll Revision Process

2 General Introduction to Roll Revision Roll Revision For free and fair election different types of Roll revisions are very important prerequisite ERO Role towards Roll revision process: To conduct the Roll Revision process as per Law and direction of ECI. ERO has to notify the Roll revision program in Form 5 (appended in RER, 1960) publicize widely through advertisements, CEO's website etc. provide minimum 15 and maximum 30 days for filing claims and objections (under rule 12 RER, 1960) not accept any application after the last date/specified time period announced inquire the claims of all Forms 6,7,8,8A (under Rule 20 of RER,1960) look into the applications for modification of the Draft Roll like addition, deletion etc. by calling claims and objections ERO can suo-motu include/delete names which may have been inadvertently deleted/added respectively, in the Draft Roll during revision process (except during Continuous Updation), after following due procedure

3 Forms of Claims and Objections Claims and Objections during Revision For an accurate and error-free Electoral Roll, different types of claims and objections such as addition/deletion/ transposition/ correction, are cleared by ERO/DO/BLO Forms of Claims, Objections and Corrections The applicants applying for addition/deletion/correction/transposition should fill the following Forms Form 6 Inclusion of name (Service personnel to attach Form of declaration ) Form 6A Inclusion of name of overseas electors Form 7 Objection/seeking deletion of name Form 8 Correction to a particular entry Form 8A Transfer of name from one Part to another Part in same AC

4 Receipt of Forms of Claims and Objections No Forms of claims or objection are to be accepted after the prescribed last day of filling Forms Forms can be received by ERO/AERO or any officer designated by ERO under Rule 14(a), RER, 1960 like DO/BLO Forms can also be sent by post directly to the concerned ERO Form 6 Form 8 Form 7 Form 8A DEOs/EROs prescribe the holidays and non working days and non working hours as duty period for teachers appointed as DO/BLOs

5 Receipt of Forms of Claims and Objections Non teaching staff as BLOs remain onduty throughout the prescribed period (irrespective different working hours and if institution is closed) Only individual applications are to be accepted, except for an individual presenting the applications of the same households Lists of Forms received shall be displayed at DEO's notice board, ERO s notice board, Polling Station notice board, Website of CEO Form 6 Form 8 Form 7 Form 8A

6 Preliminary Checking of Forms BLO/DO/AERO/ERO should not receive Forms in bulks Bulk application applications that are submitted by one person on behalf of many persons not belonging to the same family After proper verification, acknowledgement/receipt should be given to the applicant It should be noted that Form is not submitted as Part of bulk or in bulk Form is not unsigned or without thumb impression (rule 17 of RER, 1960) No column in the Form is left blank

7 Preliminary Checking of Form 6 Applicants shifting residence in the same Constituency should be guided to file application in Form 8A and not Form 6 for transposition of entry Details of the immediate family members (father, mother, husband, siblings) already enrolled in the current Rolls should be indicated for applicants applying for the first time on attaining age 18 years. Date of birth and age should be indicated. Where age is not known, approximate age as on qualifying date should be written For applicants between age years, name and relation should be checked with respect to the applicant s family members already enrolled Underage applicant should not get enrolled EPIC details should also be reflected in the Form Non EPIC holders of 25+ age-group should give a declaration in the Form as given in Annexure 5.7

8 Preliminary Checking of Form 6 Annexure 5.7 For an Elector of 25 + age group not having an EPIC

9 Preliminary Checking of Form 6 Part II of Form 6 complete address ordinary residence address with proof should be checked. The proof can be any of the following documents Bank/Kisan/Post Office/Pass Book/ Ration card/driving license/passport/ Gas connection/telephone/electricity/water bill etc. If an applicant has been staying at an address for one year or more but not enrolled, then the circumstances why s/he has not applied should be ascertained and recoded on the application Form Applicants should be advised to fill in the details like Part no., serial no. and EPIC no. of their immediate family members in Part III of Form 6 The applicant must fill Part IV related to the full details of previous enrollment especially the address The declaration of Part IV, at the end of Form 6 should be complete in all respect Check that a declaration of non-inclusion of name, should be attached by Service personnel along with Form 6

10 Preliminary Checking of Form 7 and 8 Form 7 Form should not be received without details of the objector and person objected to. The Form without complete details may be rejected under rule 17 Form 8 Forms should have the exact details of the entries to be corrected in Part IV The applicant must attach the supporting documents wherever needed

11 Handling the Forms Received Every DO and BLO should prepare list of the entries in duplicate for claims in Form 9 objection to the inclusion of names in Form 10 objection to particular details in Form 11 applications for transposition in Form 11A DO/BLO should display the copies of these Forms on notice board at DO's office of the area The DO should maintain the lists under Rule 15 of RER, 1960 EROs should also maintain the 4 lists of Forms under rule 16 of RER, 1960 and enter the entries directly received from AERO / DO/BLO ERO should keep the exhibited list on notice board till the disposal of claims and objections

12 Disposal of Claims and Objections EROs should ensure that all the applications received are disposed in accordance with law and direction All Form 6 without particulars of previous EPIC and more than 25 years of age should be checked and confirmed that they are not enrolled in some other area All Forms 6 with previous EPIC details should be enrolled by informing the ERO of the previous area to delete the entry from that area and transfer the photo that concerned elector ERO may refer applications (Form 6,7,8,8A) to the AERO for disposal in accordance with law and both ERO and AERO can get the details locally verified by the verifying officers ERO can reject the claims/objections not received during the period mentioned, under rule 17 of RER, 1960 ERO may directly allow the entry in the Roll under rule 18 of RER, 1960, if he/she is satisfied with the details or may verify in case if doubt

13 Disposal of Claims and Objections ERO may ask the verifying Officer (Designated Officer, BLO etc.) to verify facts and receive entries with remarks in small batches either daily, weekly or whenever the number of applications exceed 50 An individual notice with date and time of hearing should be sent to the applicants in case of inquiry. The ERO has to give notice of hearing In case of a claim to the claimant in Form 12 (annexure 5.12) appended to RER, In case of an objection to the inclusion of name, notice to objector in Form 13 (annexure 5.13) In case of an objection to the, notice to the person objected to Form 13 (Annexure 5.13) In case of objection to a particular or an entry Form 15 (annexure 5.15)

14 Disposal of Claims and Objections Form 12 (Annexure 5.12)

15 Disposal of Claims and Objections Form 13 (Annexure 5.13)

16 Disposal of Claims and Objections Form 14 (Annexure 5.14)

17 Disposal of Claims and Objections Form 15 (Annexure 5.15)

18 Disposal of Claims and Objections Under clause (b) of Rule 16 RER 1960, ERO should draw up the program of hearing within a period of 7 clear days from the date when he received applications in his office. The ERO has power to require any claimant, objector, person objected to, to appear in person before him for clarification and sub-rule (3) of rule 20 of RER, 1960, ERO can ask the information on oath / affidavit. ERO should record the decisions with the reasons and should enter the decision just below the entries in the respective Forms 9,10,11, 11A List of applications accepted and rejected should be displayed on the notice board for any claim or objections Form 6, 7, 8 and 8A ERO should insist on the presence of the claimant ERO should get the facts verified by the verification officer where the verifying officer should submit full particulars of verification like date of visit, if the person was physically present etc

19 Disposal of Claims and Objections If the ERO is not satisfied of the age proof of the applicant even after the verification, he/she may take the evidence on oath of applicant as well as any member of family Form 7 should be carefully scrutinized as they are not used to delete names of genuine electors In doubtful cases, in absence of the persons at home during verification, ERO should send an individual notice with a date and time of hearing either before ERO or AERO In case of inconvenience in traveling hearing could be held at the village/taluka/zonal offices In case of large applications, ERO may informally associate representative from recognized political party of the state who knows inhabitants of locality

20 Determination of citizenship The ERO should ensure that all the entries made are fully eligible for conditions of registration Citizen of India being one condition should be verified completely Important points Officer inquiring the details of the applicant must consider all the evidence, documentary, otherwise submitted by the applicant to decide Officer concerned will bear in mind the Constitution and Citizenship Act, 1955 and all other provisions related to the citizenship before passing the order If the citizenship of any person is suspected, the ERO should go through the entire procedure of inclusion of elector before taking the decision Though the onus of proof of citizenship lie on applicant, the ERO must be satisfied with all the proofs which can be any of the following - National Register of Citizens (NRC) - Citizenship certificate issued by competent authority - Valid passport by Government of India - Birth Certificate etc.

21 Determination of citizenship Also the certificates issued by panchayats, gram sabhas, state etc will not prove as document for citizenships For married women who change their residence, ERO may accept the following - Proof as voter before marriage (if any) - Marriage certificate - certificates by the headmen of both the villages i.e. villages before and after marriage In case of no village Sarpanch, certificate can be given by Talati, gram panchayat, or an officer equivalent to village Sarpanch such as Gram Sevaks Each certificate received by the ERO should be duly verified before accepting In case of Shifted voter, ERO shall cross check with the DEO of the district from where the person has migrated

22 Supervision and Checks Chief Electoral Officer Superintendence, direction and Control of Elections Under sub-section (3) of Section 13 AA of RPA 1950 DEO Coordinate and Supervise all work related to Elections ERO Test checks quality of disposal of Forms 6,7,8, and 8A 10% of Forms disposed by AEROs AERO Randomly field verifies 1% of entries in Roll Supervisor Verify 5% of each of BLOs work BLO Proper verification of Forms 6,7,8, and 8A

23 Suo- Motu Action by ERO after Draft Publication ERO may direct the inclusion of names of electors in Roll if statements are received after Draft publication (Form 1 Rule 7 of RER 1960) ERO will check the enumeration slips for intensive revision and claim application/ manuscript for summary revision, to ensure the addition/deletion/ NBW (non-bail able warrant) of all the respective entries under the title ERO will prepare the list of entries for inclusion, deletion and display on the notice board with time and place where actions would be taken Unexecuted non-bailable warrant (NBW) cases Person who is unexecuted for a period of 6 months or more is not considered as the ordinary resident of the address mentioned ERO may take suo-motu action of deleting the name after giving due notice with date and time of hearing

24 Appeal Against ERO's Decision ERO's decision can be appealed to Appellate Officer in Form of a memorandum under rule 23 of RER, 1960 Appeal can be for the decisions under rule 20, 21 and 21A of RER only The appeal cannot be considered if he has not availed himself of the right to be heard or make representation to the EROs On receiving an appeal, the Appellate Officer would - check if the appeal is received in time. Time-barred appeals would be rejected - call for the records of the concerned ERO - give opportunity to ERO to be heard - shall take the necessary actions and dispose the appeal in maximum 3 weeks The changes made shall be considered from the date of decision taken ERO to make the changes after the decision taken