Handbook for Electoral Registration Officers - Election Commission ...
Handbook for Electoral Registration Officers - Election Commission ...
Handbook for Electoral Registration Officers - Election Commission ...
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11. Persons holding declared offices: The holder of a declared office who desires tobe registered as an elector in the constituency in which, but <strong>for</strong> his holding suchoffice, he would have been ordinarily resident, can also get registered there.Declared office holders at the Centre are President and Vice President, Ministersand Ministers of state and Deputy Ministers of the Union, Deputy Chairman andMembers of the Planning <strong>Commission</strong>, Speaker and Deputy Speaker of the LokSabha, Deputy Chairman of the Rajya Sabha and Parliamentary Secretaries of theUnion. Declared office holders of a state are, Governor, Cabinet Ministers,Ministers of State and Deputy Ministers, Chairman and Deputy Chairman of StateLegislative Council, Speaker and Deputy Speaker of State Legislative Assembly,Parliamentary Secretaries of the state and the Lt. Governor of UTs. A declaredoffice holder will specify in his statement the place where he would have beenordinarily resident but <strong>for</strong> holding the a<strong>for</strong>esaid office. However, the statementmade by the declared office holder is not final and it will be open to the personswho are in possession of such evidence to object to the inclusion of name of aholder of declared office.12. It would be clear from above that all cases cannot be dealt with in an identicalmanner nor can any uni<strong>for</strong>m rule be laid down to define ordinary residence.Generally speaking, a person should not be enrolled at an address where he isstaying temporarily; and on the other hand, he is to be enrolled at his normal placeof residence even though he may be temporarily absent from there.Penal Provisions:Breach of Official Duty13. If any ERO, AERO or other person deployed to per<strong>for</strong>m any official duly inconnection with the preparation, revision or correction of an electoral roll or theinclusion or exclusion of any entry in or from that roll, without reasonable cause,is guilty of any act or omission in breach of such official duty, he shall bepunishable under Section 32 of the RPA, 1950 with imprisonment <strong>for</strong> a termwhich shall not be less than 3 months but which may extend to 2 years and withfine.14. No court shall take cognizance of any offence punishable under Section 32 ofRPA 1950, unless there is a complaint made by order of, or under authority from,the <strong>Election</strong> <strong>Commission</strong> or the Chief <strong>Electoral</strong> Officer of the State concerned.15. No suit or other legal proceeding shall lie against any such officer or other person<strong>for</strong> damages in respect of any such act or omission as a<strong>for</strong>esaid.Making False Declaration:16. If any person makes, in connection with the preparation, revision or correction ofan electoral roll or the inclusion or exclusion of any entry in or from an electoralroll, a statement or declaration in writing which is false and which he either17