Panchayat:Repo18/Law Manual Page0102

CHAPTER VI
PREPARATION OF ELECTORAL ROLLS

16. Electoral roll for every constituency.- (1) For every constituency in a Village Panchayat there shall be prepared an electoral roll in accordance with the provisions of this Act.

(2) The draft electoral roll shall be published at the 45[respective] Panchayat office, and the village office, and 46[x x] at the headquarters of the block and the taluk office, for facilitating the voters to verify the same and the final list shall be published after taking decisions on the objections and applications.

(3) The electoral rolls for the constituencies of Block Panchayats and District Panchayats shall consist of the electoral rolls for all the constituencies of the Village Panchayats comprised within the constituencies of the Block Panchayat or, as the case may be, of the District Panchayat and it shall not be necessary to prepare or revise separate electoral rolls for such constituencies.

17. 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 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:

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 reinstated in that roll if such disqualification is, during the period such roll is in force, removed under any law authorising such removal.

18. 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.

NOTES

Registration of Electors Rules provide adequate remedies and takes due care to provide reasonable opportunity for aggrieved persons for redressal of their grievances. Rules being comprehensive enough to take care of the complaints, there is no room to sustain any challenge to the alleged non inclusion of any of the persons in the voters list. The right to be included in an electoral roll and to challenge the exclusion are, entirely, rights of the individual and if the individual has not initiated the prescribed statutory procedures, no right will lie in any one else to challenge the same. – Muhammed Ali v. State Election Commission - 2006 KHC 916 : 2006 (3) KLT 496 : 2006 (2) KLJ 857; [ AIR 1985 SC 1233; (1996) 6 SCC 303 & 2001 (1) KLT 285 - Relied on]

Votes cast in two different constituencies of two different Panchayats by the same person are void. The expression "constituency" cannot be understood as "constituency in a Panchayat".Omanakuttan v. Sajan Thamas – 2004 (2) KLT 891.