FAQ
FAQ
Contesting of Elections
Q 1. Can a non-citizen be a candidate?
Ans. No A non citizen cannot be a contesting candidate in the elections. Article 84 (a) of the Constitution of India envisages that a person shall not be qualified to be chosen to fill up a seat in the Parliament unless he is a citizen of India. Similar provision exists for State Legislative Assemblies in Article 173 (a) of the Constitution.
Q 2 What is the minimum age for becoming a candidate for Lok Sabha or Assembly election?
Ans. Twenty Five Years Article 84 (b) of Constitution of India provides that the minimum age for becoming a candidate for Lok Sabha election shall be 25 years. Similar provision exists for a candidate to the Legislative Assemblies vide Article 173 (b) of the Constitution read with Sec. 36 (2) of the R. P. Act, 1950.
Q 3. If I am not registered as a voter in any Constituency, can I contest election?
Ans. No For contesting an election as a candidate a person must be registered as a voter. Sec 4 (d) of Representation People Act, 1951 precludes a person from contesting unless he is an elector in any parliamentary constituency. Section 5 (c) of R. P. Act, 1951 has a similar provision for Assembly Constituencies.
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Ans. No A non citizen cannot be a contesting candidate in the elections. Article 84 (a) of the Constitution of India envisages that a person shall not be qualified to be chosen to fill up a seat in the Parliament unless he is a citizen of India. Similar provision exists for State Legislative Assemblies in Article 173 (a) of the Constitution.
Q 2 What is the minimum age for becoming a candidate for Lok Sabha or Assembly election?
Ans. Twenty Five Years Article 84 (b) of Constitution of India provides that the minimum age for becoming a candidate for Lok Sabha election shall be 25 years. Similar provision exists for a candidate to the Legislative Assemblies vide Article 173 (b) of the Constitution read with Sec. 36 (2) of the R. P. Act, 1950.
Q 3. If I am not registered as a voter in any Constituency, can I contest election?
Ans. No For contesting an election as a candidate a person must be registered as a voter. Sec 4 (d) of Representation People Act, 1951 precludes a person from contesting unless he is an elector in any parliamentary constituency. Section 5 (c) of R. P. Act, 1951 has a similar provision for Assembly Constituencies.
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Counting and Declaration of Result
Q 1. Who is responsible for the counting of votes and declaration of result of an election?
Ans. No The Returning Officer According to Sec. 64 of the R. P. Act, 1951, votes are counted by or under the supervision / direction of the Returning Officer of the Constituency. When the counting is completed, the Returning officer declares the result as per provisions of Sec. 66 of R. P. Act, 1951.
Q 2. After the declaration of results in all constituencies, which authority will constitute the new Lok Sabha – President or the Election Commission?
Ans. Election Commission of India (ECI) According to Sec. 73 of the R. P. Act, 1951, after the results of all Parliamentary constituencies are declared, the Election Commission will constitute the new Lok Sabha by notifying in the official gazette, the names of the elected members.
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Ans. No The Returning Officer According to Sec. 64 of the R. P. Act, 1951, votes are counted by or under the supervision / direction of the Returning Officer of the Constituency. When the counting is completed, the Returning officer declares the result as per provisions of Sec. 66 of R. P. Act, 1951.
Q 2. After the declaration of results in all constituencies, which authority will constitute the new Lok Sabha – President or the Election Commission?
Ans. Election Commission of India (ECI) According to Sec. 73 of the R. P. Act, 1951, after the results of all Parliamentary constituencies are declared, the Election Commission will constitute the new Lok Sabha by notifying in the official gazette, the names of the elected members.
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Delimitation of Constituencies
Q 1. There are 543 Parliamentary constituencies in India each electing one member. Who demarcates the boundaries of these constituencies?
Ans. Delimitation Commission Under Article 82 of the Constitution, the Parliament by law enacts a Delimitation Act after every census. After coming into force commencement of the Act, the Central Government constitutes a Delimitation Commission. This Delimitation Commission demarcates the boundaries of the Parliamentary Constituencies as per provisions of the Delimitation Act. The present delimitation of constituencies has been done on the basis of 2001 census figures under the provisions of Delimitation Act, 2002. Notwithstanding the above, the Constitution of India was specifically amended in 2002 not to have delimitation of constituencies till the first census after 2026. Thus, the present Constituencies carved out on the basis of 2001 census shall continue to be in operation till the first census after 2026..
Q 2. What is the main basis for allocation of seats to various States in the Lok Sabha?
Ans. Population of the State Population is the basis of allocation of seats of the Lok Sabha. As far as possible, every State gets representation in the Lok Sabha in proportion to its population as per census figures.
Q 3. Is there any reservation of seats for any special category in Lok Sabha?
Ans. Yes
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Ans. Delimitation Commission Under Article 82 of the Constitution, the Parliament by law enacts a Delimitation Act after every census. After coming into force commencement of the Act, the Central Government constitutes a Delimitation Commission. This Delimitation Commission demarcates the boundaries of the Parliamentary Constituencies as per provisions of the Delimitation Act. The present delimitation of constituencies has been done on the basis of 2001 census figures under the provisions of Delimitation Act, 2002. Notwithstanding the above, the Constitution of India was specifically amended in 2002 not to have delimitation of constituencies till the first census after 2026. Thus, the present Constituencies carved out on the basis of 2001 census shall continue to be in operation till the first census after 2026..
Q 2. What is the main basis for allocation of seats to various States in the Lok Sabha?
Ans. Population of the State Population is the basis of allocation of seats of the Lok Sabha. As far as possible, every State gets representation in the Lok Sabha in proportion to its population as per census figures.
Q 3. Is there any reservation of seats for any special category in Lok Sabha?
Ans. Yes
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Election Machinery
Q 1. Which authority conducts elections to the offices of the President and Vice-President of India ?
Ans. Election Commission of India (ECI)
Under Article 324(1) of the Constitution of India, the Election Commission of India, interalia, is vested with the power of superintendence, direction and control of conducting the elections to the offices of the President and Vice-President of India. Detailed provisions are made under the Presidential and Vice Presidential Elections Act, 1952 and the rules made thereunder.
Q 2. Which authority conducts elections to Parliament?
Ans. Election Commission of India (ECI)
The same Article 324 also vests in the Commission the powers of superintendence, direction and control of the elections to both Houses of Parliament. Detailed provisions are made under the Representation of the People Act, 1951 and the rules made thereunder.
Q 3. Which authority conducts elections to the State Legislative Assemblies and Legislative Councils?
Ans. Election Commission of India (ECI)
Article 324 (1) also vests in the Commission the powers of superintendence, direction and control of the elections to both Houses of the State Legislature. Detailed provisions are made under the Representation of the People Act, 1951 and the rules made thereunder.
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Ans. Election Commission of India (ECI)
Under Article 324(1) of the Constitution of India, the Election Commission of India, interalia, is vested with the power of superintendence, direction and control of conducting the elections to the offices of the President and Vice-President of India. Detailed provisions are made under the Presidential and Vice Presidential Elections Act, 1952 and the rules made thereunder.
Q 2. Which authority conducts elections to Parliament?
Ans. Election Commission of India (ECI)
The same Article 324 also vests in the Commission the powers of superintendence, direction and control of the elections to both Houses of Parliament. Detailed provisions are made under the Representation of the People Act, 1951 and the rules made thereunder.
Q 3. Which authority conducts elections to the State Legislative Assemblies and Legislative Councils?
Ans. Election Commission of India (ECI)
Article 324 (1) also vests in the Commission the powers of superintendence, direction and control of the elections to both Houses of the State Legislature. Detailed provisions are made under the Representation of the People Act, 1951 and the rules made thereunder.
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EVM Security
1. What is meant by Tampering of EVM?
Tampering means alteration in the software program written either on existing microchips of Control Unit (CU) or introducing malicious software program by inserting new microchips in CU and also making keys - pressed in Ballot Unit (BU) not record faithfully in the Control Unit.
2. Are the ECI- EVMs hackable?
No. M1 (model one) of EVM machines were manufactured till 2006 and had all necessary technical features making M1 non-hackable contrary to claims made by some activists. On the recommendations of the Technical Evaluation Committee in 2006, M2 model of EVMs produced after 2006 and upto 2012 incorporated dynamic coding of key codes thereby enabling transfer of the key – press message from Ballot Unit (BUs) to Control Unit (CUs), in an encrypted form as an additional security feature. It also contains Real time setting of each key press so that
sequencing of key presses including so called malicious sequenced key presses can be detected and wrapped.
Further, the ECI- EVMs are not computer controlled, are stand alone machines and not connected to the internet and /or any other network at any point of time. Hence, there is no chance of hacking by remote devices.
The ECI-EVMs do not have any frequency receiver or decoder for data for wireless or any external hardware port for connection to any other non-EVM accessory or device. Hence no tampering is possible either through hardware port or through Wireless, Wi-Fi or Bluetooth device because CU accepts only encrypted and dynamically coded data from BU. No other kind of data can be accepted by CU.
3. Can ECI-EVMs be manipulated by Manufacturers?
Not Possible.
There is very stringent security protocol at manufacturer level regarding security of software. The Machines have been manufactured in different years starting from 2006. After manufacturing, EVMs are sent to State and district to district within a State. The manufacturers are in no position to know several years ahead which candidate will be contesting from a particular constituency and what will be the sequence of the candidates on the BU. Also, each ECI-EVM has a serial number and the Election Commission by use of EVM –tracking software can find out from its database which machine is located where. So, any manipulation at manufacturing stage is ruled out.
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Tampering means alteration in the software program written either on existing microchips of Control Unit (CU) or introducing malicious software program by inserting new microchips in CU and also making keys - pressed in Ballot Unit (BU) not record faithfully in the Control Unit.
2. Are the ECI- EVMs hackable?
No. M1 (model one) of EVM machines were manufactured till 2006 and had all necessary technical features making M1 non-hackable contrary to claims made by some activists. On the recommendations of the Technical Evaluation Committee in 2006, M2 model of EVMs produced after 2006 and upto 2012 incorporated dynamic coding of key codes thereby enabling transfer of the key – press message from Ballot Unit (BUs) to Control Unit (CUs), in an encrypted form as an additional security feature. It also contains Real time setting of each key press so that
sequencing of key presses including so called malicious sequenced key presses can be detected and wrapped.
Further, the ECI- EVMs are not computer controlled, are stand alone machines and not connected to the internet and /or any other network at any point of time. Hence, there is no chance of hacking by remote devices.
The ECI-EVMs do not have any frequency receiver or decoder for data for wireless or any external hardware port for connection to any other non-EVM accessory or device. Hence no tampering is possible either through hardware port or through Wireless, Wi-Fi or Bluetooth device because CU accepts only encrypted and dynamically coded data from BU. No other kind of data can be accepted by CU.
3. Can ECI-EVMs be manipulated by Manufacturers?
Not Possible.
There is very stringent security protocol at manufacturer level regarding security of software. The Machines have been manufactured in different years starting from 2006. After manufacturing, EVMs are sent to State and district to district within a State. The manufacturers are in no position to know several years ahead which candidate will be contesting from a particular constituency and what will be the sequence of the candidates on the BU. Also, each ECI-EVM has a serial number and the Election Commission by use of EVM –tracking software can find out from its database which machine is located where. So, any manipulation at manufacturing stage is ruled out.
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EVM
Q1. What is an Electronic Voting machine? In what way its functioning is different from the conventional system of voting?
Ans. Electronic Voting Machine (EVM) is an electronic device for recording votes. An Electronic Voting Machine consists of two Units – a Control Unit and a Balloting Unit – joined by a five-meter cable. The Control Unit is placed with the Presiding Officer or a Polling Officer and the Balloting Unit is placed inside the voting compartment. Instead of issuing a ballot paper, the Polling Officer in-charge of the Control Unit will release a ballot by pressing the Ballot Button on the Control Unit. This will enable the voter to cast his vote by pressing the blue button on the Balloting Unit against the candidate and symbol of his choice.
Q2. When was the EVM first introduced in elections?
Ans.EVMs were first used in 70-Parur Assembly Constituency of Kerala in the year 1982.
Q3. How can EVMs be used in areas where there is no electricity?
Ans. EVMs do not require electricity. EVMs run on an ordinary battery assembled by Bharat Electronics Limited/Electronics Corporation of India Limited.
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Ans. Electronic Voting Machine (EVM) is an electronic device for recording votes. An Electronic Voting Machine consists of two Units – a Control Unit and a Balloting Unit – joined by a five-meter cable. The Control Unit is placed with the Presiding Officer or a Polling Officer and the Balloting Unit is placed inside the voting compartment. Instead of issuing a ballot paper, the Polling Officer in-charge of the Control Unit will release a ballot by pressing the Ballot Button on the Control Unit. This will enable the voter to cast his vote by pressing the blue button on the Balloting Unit against the candidate and symbol of his choice.
Q2. When was the EVM first introduced in elections?
Ans.EVMs were first used in 70-Parur Assembly Constituency of Kerala in the year 1982.
Q3. How can EVMs be used in areas where there is no electricity?
Ans. EVMs do not require electricity. EVMs run on an ordinary battery assembled by Bharat Electronics Limited/Electronics Corporation of India Limited.
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Model Code of Conduct
Q. 1. What is the Model Code of Conduct?
Ans.The Model Code of Conduct for guidance of political parties and candidates is a set of norms which has been evolved with the consensus of political parties who have consented to abide by the principles embodied in the said code and also binds them to respect and observe it in its letter and spirit.
Q. 2. What is the role of Election Commission in the matter?
Ans. The Election Commission ensures its observance by political party(ies) in power, including ruling parties at the Centre and in the States and contesting candidates in the discharge of its constitutional duties for conducting the free, fair and peaceful elections to the Parliament and the State Legislatures under Article 324 of the Constitution of India. It is also ensured that official machinery for the electoral purposes is not misused. Further, it is also ensured that electoral offences, malpractices and corrupt practices such as impersonation, bribing and inducement of voters, threat and intimidation to the voters are prevented by all means. In case of violation, appropriate measures are taken.
Q.3. From which date the Model Code of Conduct is enforced and operational upto which date?
Ans. The Model Code of Conduct is enforced from the date of announcement of election schedule by the Election Commission and is operational till the process of elections are completed.
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Ans.The Model Code of Conduct for guidance of political parties and candidates is a set of norms which has been evolved with the consensus of political parties who have consented to abide by the principles embodied in the said code and also binds them to respect and observe it in its letter and spirit.
Q. 2. What is the role of Election Commission in the matter?
Ans. The Election Commission ensures its observance by political party(ies) in power, including ruling parties at the Centre and in the States and contesting candidates in the discharge of its constitutional duties for conducting the free, fair and peaceful elections to the Parliament and the State Legislatures under Article 324 of the Constitution of India. It is also ensured that official machinery for the electoral purposes is not misused. Further, it is also ensured that electoral offences, malpractices and corrupt practices such as impersonation, bribing and inducement of voters, threat and intimidation to the voters are prevented by all means. In case of violation, appropriate measures are taken.
Q.3. From which date the Model Code of Conduct is enforced and operational upto which date?
Ans. The Model Code of Conduct is enforced from the date of announcement of election schedule by the Election Commission and is operational till the process of elections are completed.
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NRI Electors
Q1. Who is an overseas (NRI) elector? Can an NRI settled in foreign land become an elector of electoral roll in India?
Ans.- An overseas elector is a person who is a citizen of India and who has not acquired citizenship of any other country and is otherwise eligible to be registered as a voter and who is absenting from his place of ordinary residence in India owing to his employment, education or otherwise is eligible to be registered as a voter in the constituency in which his place of residence in India as mentioned in his passport is located. According to the provisions of Section 20A of the Representation of People Act, 1950, an NRI settled in foreign land can become an elector in electoral roll in India.
Q2. Who is eligible to be registered as a voter?
Ans.- Every Indian citizen who has attained the age of 18 years on the qualifying date i.e. first day of January of the year of revision of electoral roll, unless otherwise disqualified, is eligible to be registered as a voter in the roll of the part/polling area of the constituency where he is ordinarily resident.
Q3. What is the relevant date for determining the age of 18 years? Can I get myself registered as a voter on the day when I have completed 18 years of age?
Ans.- According to Section 14 (b) of the Representation of People Act, 1950 the relevant date (qualifying date) for determining the age of an applicant is the first day of January of the year in which the electoral roll is finally published. For example, if you have completed or are completing 18 years of age on any date from and after 2nd January 2013 but upto to 1st January 2014, you will be eligible for registration as a voter in the elector roll going to be finally published in January, 2014.
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Ans.- An overseas elector is a person who is a citizen of India and who has not acquired citizenship of any other country and is otherwise eligible to be registered as a voter and who is absenting from his place of ordinary residence in India owing to his employment, education or otherwise is eligible to be registered as a voter in the constituency in which his place of residence in India as mentioned in his passport is located. According to the provisions of Section 20A of the Representation of People Act, 1950, an NRI settled in foreign land can become an elector in electoral roll in India.
Q2. Who is eligible to be registered as a voter?
Ans.- Every Indian citizen who has attained the age of 18 years on the qualifying date i.e. first day of January of the year of revision of electoral roll, unless otherwise disqualified, is eligible to be registered as a voter in the roll of the part/polling area of the constituency where he is ordinarily resident.
Q3. What is the relevant date for determining the age of 18 years? Can I get myself registered as a voter on the day when I have completed 18 years of age?
Ans.- According to Section 14 (b) of the Representation of People Act, 1950 the relevant date (qualifying date) for determining the age of an applicant is the first day of January of the year in which the electoral roll is finally published. For example, if you have completed or are completing 18 years of age on any date from and after 2nd January 2013 but upto to 1st January 2014, you will be eligible for registration as a voter in the elector roll going to be finally published in January, 2014.
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Parliamentry
Q 1. What is the composition of Parliament of India?
Ans. According to Article 79 of the Constitution of India, the Parliament consists of President of India and the two Houses of Parliament known as Council of States (Rajya Sabha) and House of the People (Lok Sabha).
Q 2. Who elects the President of India?
Ans. The President is elected by the members of an electoral college consisting of the elected members of both the Houses of Parliament and the elected members of the Legislative Assemblies of States and the Union Territories of Delhi and Pondicherry.
Q 3. What is the manner of election of President?
Ans. According to Article 55 of the Constitution, as for as practicable, there has to be uniformity in the scale of representation of the different states at the election of the President. For the purpose of securing such uniformity among the States, the number of votes to which each State is entitled is determined as follows:-
(a) every elected member of the legislative assembly of a State shall have as many votes as there are multiples of one thousand in the quotient obtained by dividing the population of the state by the total number of elected members of the Assembly;
(b) If after taking the said multiples of one thousand, the remainder is not less than five hundred, then the vote of each member shall be further increased by one;
(c) each elected member of either House of Parliament shall have such number of votes as may be obtained by dividing the total number of votes assigned to the members of the State Legislation Assemblies by the total number of elected members of both the House of Parliament fractions exceeding one-half being counted as one and & other fractions being disregarded.
The election of the President shall be held in accordance with the system of proportional representation by means of the single transferable vote and the voting shall be by secret ballot.
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Ans. According to Article 79 of the Constitution of India, the Parliament consists of President of India and the two Houses of Parliament known as Council of States (Rajya Sabha) and House of the People (Lok Sabha).
Q 2. Who elects the President of India?
Ans. The President is elected by the members of an electoral college consisting of the elected members of both the Houses of Parliament and the elected members of the Legislative Assemblies of States and the Union Territories of Delhi and Pondicherry.
Q 3. What is the manner of election of President?
Ans. According to Article 55 of the Constitution, as for as practicable, there has to be uniformity in the scale of representation of the different states at the election of the President. For the purpose of securing such uniformity among the States, the number of votes to which each State is entitled is determined as follows:-
(a) every elected member of the legislative assembly of a State shall have as many votes as there are multiples of one thousand in the quotient obtained by dividing the population of the state by the total number of elected members of the Assembly;
(b) If after taking the said multiples of one thousand, the remainder is not less than five hundred, then the vote of each member shall be further increased by one;
(c) each elected member of either House of Parliament shall have such number of votes as may be obtained by dividing the total number of votes assigned to the members of the State Legislation Assemblies by the total number of elected members of both the House of Parliament fractions exceeding one-half being counted as one and & other fractions being disregarded.
The election of the President shall be held in accordance with the system of proportional representation by means of the single transferable vote and the voting shall be by secret ballot.
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Presidential Election
Q.1 Who elects the President of India?
Answer: The President is elected by an Electoral College, which consists of the elected members of both Houses of Parliament and the elected members of the Legislative Assemblies of all the States and also of NCT of Delhi and the Union Territory of Puducherry. [Article 54 of the Constitution of India]
Q.2 What is the term of the office of the President?
Answer: The President shall hold office for a term of 5 years from the date on which he enters upon his office. He shall, however, continue to hold office notwithstanding the expiry of his term, until his successor enters upon his office. [Article 56 of the Constitution of India]
Q.3 When is the election of the Office of President of India held?
Answer: Under the provisions of sub-section (3) of Section 4 of the Presidential and VicePresidential Elections Act, 1952, the notification calling the election to the office of the President can be issued by the Election Commission on any day within the period of sixty days before the expiry of the term of office of the outgoing President. The election schedule shall be so fixed, that the President-elect is able to enter upon his office on the day following the expiry of the term of the outgoing President.
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Answer: The President is elected by an Electoral College, which consists of the elected members of both Houses of Parliament and the elected members of the Legislative Assemblies of all the States and also of NCT of Delhi and the Union Territory of Puducherry. [Article 54 of the Constitution of India]
Q.2 What is the term of the office of the President?
Answer: The President shall hold office for a term of 5 years from the date on which he enters upon his office. He shall, however, continue to hold office notwithstanding the expiry of his term, until his successor enters upon his office. [Article 56 of the Constitution of India]
Q.3 When is the election of the Office of President of India held?
Answer: Under the provisions of sub-section (3) of Section 4 of the Presidential and VicePresidential Elections Act, 1952, the notification calling the election to the office of the President can be issued by the Election Commission on any day within the period of sixty days before the expiry of the term of office of the outgoing President. The election schedule shall be so fixed, that the President-elect is able to enter upon his office on the day following the expiry of the term of the outgoing President.
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Question Bank for Certification Programme of Returning Officers
Question 1: What is District Election Management Plan (DEMP)?
Answer: DEMP is a plan for listing out detailed arrangements for the poll in advance. It is a District Level Plan at various stages of election process to manage the elections effectively in free, fair and peaceful manner.
Question 2: Which details should be given in a district profile for preparation of DEMP?
Answer: Details on following items should be given in district profile for preparation of DEMP:-
(a) Important officials and their contact numbers,
(b) Geography,
(c) Demography,
(d) Administrative Units (including consistencies),
(e) General Law & Orders, History of the District- constituency specific- to the extend possible,
(f) Past electoral offences- including details of action taken against each of them and the list of pending cases.
Question 3: What details of electors should be given for preparation of DEMP?
Answers: Electors details on following points should be given while preparing DEMP:-
(a) Sex ratio -constituency wise in prescribed formats,
(b) Voter population ratio -constituency wise in prescribed formats,
(c) Inclusion and deletion of electors in prescribed formats,
(d) EPIC coverage in prescribed formats.
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Answer: DEMP is a plan for listing out detailed arrangements for the poll in advance. It is a District Level Plan at various stages of election process to manage the elections effectively in free, fair and peaceful manner.
Question 2: Which details should be given in a district profile for preparation of DEMP?
Answer: Details on following items should be given in district profile for preparation of DEMP:-
(a) Important officials and their contact numbers,
(b) Geography,
(c) Demography,
(d) Administrative Units (including consistencies),
(e) General Law & Orders, History of the District- constituency specific- to the extend possible,
(f) Past electoral offences- including details of action taken against each of them and the list of pending cases.
Question 3: What details of electors should be given for preparation of DEMP?
Answers: Electors details on following points should be given while preparing DEMP:-
(a) Sex ratio -constituency wise in prescribed formats,
(b) Voter population ratio -constituency wise in prescribed formats,
(c) Inclusion and deletion of electors in prescribed formats,
(d) EPIC coverage in prescribed formats.
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Registration of Political Parties
Q.1. Is it necessary for an association to get registered by the Election Commission?
Ans. No
It is not necessary for every association to get registered by the Election Commission. Only an association or body of individual citizens of India calling itself a political party and intending to avail itself of the provisions of Part-IV-A of the Representation of the People Act, 1951, (relating to registration of political parties) is required to get itself registered with the Election Commission of India.
Q.2. What are the benefits of registration with the Election Commission of India?
Ans. The candidates set up by a political party registered with the Election Commission of India will get preference in the matter of allotment of free symbols vis-à-vis purely independent candidates. Further, registered political parties, in course of time, can get recognition as `State Party’ or National Party’ subject to the fulfillment of the conditions prescribed by the Commission in the Election Symbols (Reservation and Allotment) Order, 1968, as amended from time to time. If a party is recognised as a State Party’, it is entitled for exclusive allotment of its reserved symbol to the candidates set up by it in the State of States in which it is so recognised, and if a party is recognised as a `National Party’ it is entitled for exclusive allotment of its reserved symbol to the candidates set up by it throughout India. Recognised `State’ and `National’ parties need only one proposer for filing the nomination and are also entitled for two sets of electoral rolls free of cost and broadcast/telecast facilities over Akashvani/Doordarshan during general elections.
Q.3. What is the procedure for registration?
Ans. An application for registration is to be submitted to the Secretary, Election Commission of India, Nirvachan Sadan, Ashoka Road, New Delhi-110001 in the proforma prescribed by the Commission. The Performa is available on request by post or across the counter from the office of the Commission. The proforma and necessary guidelines are also available on the Commission's website under the main heading Judicial References, sub-heading Political Party and sub-sub-heading Registration of Political Parties(Click Here). The same can be downloaded from there also. The application should be neatly typed on the party’s letter head, if any, and it should be sent by registered post or presented personally to the Secretary to the Election Commission within thirty days following the date of formation of the party.
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Ans. No
It is not necessary for every association to get registered by the Election Commission. Only an association or body of individual citizens of India calling itself a political party and intending to avail itself of the provisions of Part-IV-A of the Representation of the People Act, 1951, (relating to registration of political parties) is required to get itself registered with the Election Commission of India.
Q.2. What are the benefits of registration with the Election Commission of India?
Ans. The candidates set up by a political party registered with the Election Commission of India will get preference in the matter of allotment of free symbols vis-à-vis purely independent candidates. Further, registered political parties, in course of time, can get recognition as `State Party’ or National Party’ subject to the fulfillment of the conditions prescribed by the Commission in the Election Symbols (Reservation and Allotment) Order, 1968, as amended from time to time. If a party is recognised as a State Party’, it is entitled for exclusive allotment of its reserved symbol to the candidates set up by it in the State of States in which it is so recognised, and if a party is recognised as a `National Party’ it is entitled for exclusive allotment of its reserved symbol to the candidates set up by it throughout India. Recognised `State’ and `National’ parties need only one proposer for filing the nomination and are also entitled for two sets of electoral rolls free of cost and broadcast/telecast facilities over Akashvani/Doordarshan during general elections.
Q.3. What is the procedure for registration?
Ans. An application for registration is to be submitted to the Secretary, Election Commission of India, Nirvachan Sadan, Ashoka Road, New Delhi-110001 in the proforma prescribed by the Commission. The Performa is available on request by post or across the counter from the office of the Commission. The proforma and necessary guidelines are also available on the Commission's website under the main heading Judicial References, sub-heading Political Party and sub-sub-heading Registration of Political Parties(Click Here). The same can be downloaded from there also. The application should be neatly typed on the party’s letter head, if any, and it should be sent by registered post or presented personally to the Secretary to the Election Commission within thirty days following the date of formation of the party.
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Resident Electors
Q1. What are the main categories of electors in India?
Ans.- There are 3 categories of electors in India: –
(i) General electors,
(ii) Oversees (NRI) electors - ( Kindly refer to ‘Frequently Asked Questions – Overseas Electors’),
(iii) Service Electors - (Kindly refer to ‘Frequently Asked Questions – Service Electors’).
Q2. Who is eligible to be registered as a general elector?
Ans. Every Indian citizen who has attained the age of 18 years on the qualifying date i.e. first day of January of the year of revision of electoral roll, unless otherwise disqualified, is eligible to be registered as a voter in the roll of the part/polling area of the constituency where he is ordinarily resident.
Q3. What is the relevant date for determining the age of 18 years? Can I get myself registered as a voter on the day when I have completed 18 years of age?
Ans.- According to Section 14 (b) of the Representation of People Act, 1950 the relevant date (qualifying date) for determining the age of an applicant is the first day of January of the year in which the electoral roll after revision is finally published. For example, if you have completed or are completing 18 years of age on any date from and after 2nd January 2013 but upto to 1st January 2014, you will be eligible for registration as a voter in the elector roll going to be finally published in January, 2014.
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Ans.- There are 3 categories of electors in India: –
(i) General electors,
(ii) Oversees (NRI) electors - ( Kindly refer to ‘Frequently Asked Questions – Overseas Electors’),
(iii) Service Electors - (Kindly refer to ‘Frequently Asked Questions – Service Electors’).
Q2. Who is eligible to be registered as a general elector?
Ans. Every Indian citizen who has attained the age of 18 years on the qualifying date i.e. first day of January of the year of revision of electoral roll, unless otherwise disqualified, is eligible to be registered as a voter in the roll of the part/polling area of the constituency where he is ordinarily resident.
Q3. What is the relevant date for determining the age of 18 years? Can I get myself registered as a voter on the day when I have completed 18 years of age?
Ans.- According to Section 14 (b) of the Representation of People Act, 1950 the relevant date (qualifying date) for determining the age of an applicant is the first day of January of the year in which the electoral roll after revision is finally published. For example, if you have completed or are completing 18 years of age on any date from and after 2nd January 2013 but upto to 1st January 2014, you will be eligible for registration as a voter in the elector roll going to be finally published in January, 2014.
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RO DEOs
Ques. 1. Can a proposer of any candidate be also a candidate for the same constituency?
Ans. Yes, as per law there is no bar.
Ques. 2. If information given by a candidate in affidavit is wrong, can RO reject the nomination of the candidate? Especially, if other candidates raise objection and give proof that information in affidavit is wrong.
Ans. No, the nomination of a candidate cannot be rejected for suppressing or giving false information in the affidavit. The copies of the nomination papers filed by each candidate along with copy of the affidavit accompanying the nomination should be displayed on the notice board in the office of RO on the day the nomination is filed. If anyone furnishes any information contradicting the statements in the nomination form or affidavits by means of a duly sworn affidavit, copies of such affidavits should also be displayed on the notice board. If the RO is satisfied that the information given by the candidate in the affidavit is wrong he is required to file a formal complaint before the appropriate Court under section 125A of the R.P. Act, 1951 and Section 177 of IPC (read with section 200 CrPC).
Ques. 3. If a complaint is received that a person who has filed nomination is of unsound mind, what course of action will be taken by RO?
Ans. The complainant has to prove by producing a declaration by the competent court under the Lunacy Act to the affect that the person concerned is of unsound mind. Disqualification is attracted only when there is a declaration by competent court.
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Ans. Yes, as per law there is no bar.
Ques. 2. If information given by a candidate in affidavit is wrong, can RO reject the nomination of the candidate? Especially, if other candidates raise objection and give proof that information in affidavit is wrong.
Ans. No, the nomination of a candidate cannot be rejected for suppressing or giving false information in the affidavit. The copies of the nomination papers filed by each candidate along with copy of the affidavit accompanying the nomination should be displayed on the notice board in the office of RO on the day the nomination is filed. If anyone furnishes any information contradicting the statements in the nomination form or affidavits by means of a duly sworn affidavit, copies of such affidavits should also be displayed on the notice board. If the RO is satisfied that the information given by the candidate in the affidavit is wrong he is required to file a formal complaint before the appropriate Court under section 125A of the R.P. Act, 1951 and Section 177 of IPC (read with section 200 CrPC).
Ques. 3. If a complaint is received that a person who has filed nomination is of unsound mind, what course of action will be taken by RO?
Ans. The complainant has to prove by producing a declaration by the competent court under the Lunacy Act to the affect that the person concerned is of unsound mind. Disqualification is attracted only when there is a declaration by competent court.
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Service Voters
Q.1 Who is a service voter ?
Ans. Service voter is a voter having service qualification. According to the provisions of sub –
section (8) of Section 20 of Representation of People Act, 1950, service qualification means –
(a) Being a member of the armed Forces of the Union ; or
(b) Being a member of a force to which provisions of the Army Act, 1950 (46 of 1950), have been made applicable whether with or without modification ;
(c) Being a member of an Armed Police Force of a State, and serving outside that state; or
(d) Being a person who is employed under the Government of India, in a post outside India.
Q. 2 What is the relevant date for revision of electoral roll ?
Ans. The relevant date for revision of electoral roll is 1st January of the year in which the roll is finally published.
Q. 3 How is a service voter different from an ordinary elector?
Ans. While an ordinary elector is registered in the electoral roll of the constituency in which his place of ordinary residence is located, person having service qualification can get enrolled as ‘service voter’ at his native place even though he actually may be residing at a different place (of posting). He has, however, an option to get himself enrolled as general elector at the place of his posting where he factually, at the point of time, is residing ordinarily with his family for a sufficient span of time.
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Ans. Service voter is a voter having service qualification. According to the provisions of sub –
section (8) of Section 20 of Representation of People Act, 1950, service qualification means –
(a) Being a member of the armed Forces of the Union ; or
(b) Being a member of a force to which provisions of the Army Act, 1950 (46 of 1950), have been made applicable whether with or without modification ;
(c) Being a member of an Armed Police Force of a State, and serving outside that state; or
(d) Being a person who is employed under the Government of India, in a post outside India.
Q. 2 What is the relevant date for revision of electoral roll ?
Ans. The relevant date for revision of electoral roll is 1st January of the year in which the roll is finally published.
Q. 3 How is a service voter different from an ordinary elector?
Ans. While an ordinary elector is registered in the electoral roll of the constituency in which his place of ordinary residence is located, person having service qualification can get enrolled as ‘service voter’ at his native place even though he actually may be residing at a different place (of posting). He has, however, an option to get himself enrolled as general elector at the place of his posting where he factually, at the point of time, is residing ordinarily with his family for a sufficient span of time.
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contact info
Chief Electoral Officer
30 bays building, Sector 17,
Chandigarh.
30 bays building, Sector 17,
Chandigarh.
Phone No: 0172-2701200
