9. Power of Election Commission to maintain Delimitation Order up-
to-date.—
(1) The
Election Commission may, from time to time, by notification published in the Gazette of India and
in the Official Gazette of the State concerned,—
1
[
(a) correct any printing mistake in the Delimitation of Parliamentary and Assembly
Constituencies Order, 2008 or any error arising therein from inadvertent slip or omission;
1. Subs. by Act 10 of 2008, s. 6, for clause
(a) (w.e.f. 16-4-2008).
8
(aa) make such amendments in the Delimitation of Parliamentary and Assembly
Constituencies Order, 2008 as appear to it to be necessary or expedient for consolidating with that
Order any notification or order relating to delimitation of Parliamentary or assembly constituencies
(including reservation of seats for the Scheduled Castes or the Scheduled Tribes in such constituencies)
issued under section 8A of this Act or any other Central Act;]
(b) where the boundaries or name of any district or any territorial division mentioned in the Order
are or is altered, make such amendments as appear to it to be necessary or expedient for bringing the
Order up-to-date;
1
[
(c) make such amendments in the Delimitation of Parliamentary and Assembly Constituencies Order,
2008 as appear to it to be necessary or expedient for bringing the Order up-to-date by including therein and
excluding therefrom the relevant areas, consequent upon the exchange of one hundred and eleven enclaves
of India and fifty-one enclaves of Bangladesh with effect from 31st July, 2015, in pursuance of the
Constitution (One Hundredth Amendment) Act, 2015.]
(2) Every notification under this section shall be laid, as soon as may be after it is issued, before the
House of the People and the Legislative Assembly of the State concerned.]
2*
* * * *
9A. [Power of Election Commission to determine the constituencies to be reserved for scheduled Tribes in
main states].—Omitted by the Representation of the People (Amendment) Act, 2008 (10 of 2008), s. 7 (w.e.f. 16-
4-2008).
9B. [Power of Election Commission to determine certain constituencies to be reserved for Scheduled Tribes
in the State of Tripura]. Omitted by the Representation of the People (Amendment) Act, 2008 (10 of 2008), s. 7
(w.e.f. 16-4-2008).
The State Legislative Councils
10. Allocation of seats in the Legislative Councils.—
(1) The allocation of seats in the Legislative
Councils of the States having such Councils shall be as shown in the Third Schedule.
(2) In the Legislative Council of each State specified in the first column of the Third Schedule, there
shall be the number of seats specified in the second column thereof opposite to that State, and of
those seats,—
(a) the numbers specified in the third, fourth and fifth columns shall be the number of seats to be filled
by persons elected, respectively, by the electorates referred to in sub-clauses
(a),
(b) and
(c) of clause
(3)
of article 171;
(b) the number specified in the sixth column shall be the number of seats to be filled by persons
elected by the members of the Legislative Assembly of the State from amongst persons who are not
members of that Assembly; and
(c) the number specified in the seventh column shall be the number of seats to be filled by persons
nominated by the Governor 3*** of the State in accordance with the provisions of clause
(5) of article 171.
4
* * * * *
11. Delimitation of Council Constituencies.—As soon as may be after the commencement of this Act,
the President shall, by order, determine—
(a) the constituencies into which each State having a Legislative Council shall be divided for the
purpose of elections to that Council under each of the sub-clauses
(a),
(b) and
(c) of clause
(3) of
article 171;
(b) the extent of each constituency; and
(c) the number of seats allotted to each constituency.
Provisions as to orders delimiting constituencies
12. Power to alter or amend orders.—5[
(1)] The President may, from time to time, after consulting
the Election Commission, by order, alter or amend any order made by him under 6*** section 11.
1. Ins. by Act 10 of 2016, s. 2 (w.e.f. 4-3-2016).
2. Omitted by the Act 10 of 2008, s. 7 (w.e.f. 16-4-2008).
3. The words “or Rajpramukh, as the case may be” omitted by the Adaptation of Laws (No.2) Order, 1956
(w.e.f. 1-11-1956).
4. Omitted by Act 37 of 1957, s. 12 (w.e.f. 18-9-1957).
5. Section 12 renumbered as sub-section
(1) of that section by Act 20 of 1960, s. 2 (w.e.f. 8-5-1960).
6. The words and figures “section 6, section 9, or” omitted by Act 2 of 1956, s. 7.
9
1
[
(2) An order under sub-section
(1) may contain provisions for the allocation of any member
representing any council constituency immediately before the making of the order to any
constituency delimited a new or altered by the order and for such other incidental and consequential
matters as the President may deem necessary.]
13. Procedure as to orders delimiting constituencies.— 2***
(3) Every order made under 3*** section 11 or section 12 shall be laid before Parliament as
soon as may be after it is made, and shall be subject to such modifications as Parliament may make
on a motion made within twenty days from the date on which the order is so laid.
4
[PART IIA
OFFICERS
13A. Chief electoral officers.—
(1) There shall be for each State a chief electoral officer who
shall be such officer of Government as the Election Commission may, in consultation with that
Government, designate or nominate in this behalf.
(2) Subject to the superintendence, direction and control of the Election Commission, the
chief electoral officer shall supervise the preparation, revision and correction of all electoral rolls in
the State under this Act.
5
[13AA. District election officers.—
(1) For each district in a State, 6***, the Election
Commission shall, in consultation with the Government of the State, designate or nominate a district
election officer who shall be an officer of Government:
Provided that the Election Commission may designate or nominate more than one such officer
for a district if the Election Commission is satisfied that the functions of the office cannot be
performed satisfactorily by one officer.
(2) Where more than one district election officer are designated or nominated for a district
under the proviso to sub-section
(1), the Election Commission shall in the order designating or
nominating the district election officers also specify the area in respect of which each such officer
shall exercise jurisdiction.
(3) Subject to the superintendence, direction and control of the chief electoral officer, the district
election officer shall coordinate and supervise all work in the district or in the area within his
jurisdiction in connection with the preparation and revision of the electoral rolls for all
parliamentary, assembly and council constituencies within the district.
(4) The district election officer shall also perform such other functions as may be entrusted
to him by the Election Commission and the chief electoral officer.]
13B. Electoral registration officers.—
(1) The electoral roll 7[8[for each parliamentary
constituency in the State of Jammu and Kashmir or in a Union territory not having a Legislative
Assembly], each assembly constituency and each Council constituency] shall be prepared and
revised by an electoral registration officer who shall be such officer of Government or of a local
authority as the Election Commission may, in consultation with the Government of the State in
which the constituency is situated, designate or nominate in this behalf.
(2) An electoral registration officer may, subject to any prescribed restrictions, employ such
persons as he thinks fit for the preparation and revision of the electoral roll for the constituency.
1. Ins. by Act 20 of 1960, s. 2 (w.e.f. 8-5-1960).
2. Sub-sections
(1) and
(2) omitted by Act 2 of 1956, s. 8 (w.e.f. 1-3-1956).
3. The words and figures “section 6, section 9,” omitted by s. 8, ibid. (w.e.f. 1-3-1956).
4. Ins. by s. 9, ibid. (w.e.f. 1-3-1956).
5. Ins. by Act 47 of 1966, s. 5 (w.e.f. 14-12-1966).
6. The words “other than a Union territory,” omitted by Act 2 of 2004, s. 2 (w.e.f. 29-10-2003).
7. Subs. by Act 103 of 1956, s. 65, for certain words (w.e.f. 1-1-1957).
8. Subs. by Act 47 of 1966, s. 6, for certain words (w.e.f.14-12-1966).
10
13C. Assistant electoral registration officers.—
(1) The Election Commission may appoint
one or more persons as assistant electoral registration officers to assist any electoral registration
officer in the performance of his functions.
(2) Every assistant electoral registration officer shall, subject to the control of the electoral
registration officer, be competent to perform all or any of the functions of the electoral
registration officer.
1
[13CC. Chief Electoral Officers, District Election Officers, etc., deemed to be on
deputation to Election Commission.—The officers referred to in this Part and any other officer
or staff employed in connection with the preparation, revision and correction of the electoral rolls
for, and the conduct of, all elections shall be deemed to be on deputation to the Election Commission
for the period during which they are so employed and such officers and staff shall, during that
period, be subject to the control, superintendence and discipline of the Election Commission.]
PART IIB
ELECTORAL ROLLS FOR PARLIAMENTARY CONSTITUENCIES
2
[13D. Electoral rolls for parliamentary constituencies.—
(1) The electoral roll for every
parliamentary constituency, other than a parliamentary constituency in the State of Jammu and
Kashmir or in a Union territory not having a Legislative Assembly, shall consist of the electoral
rolls for all the assembly constituencies comprised within that parliamentary constituency; and it
shall not be necessary to prepare or revise separately the electoral roll for any such parliamentary
constituency:
Provided that for the period referred to in clause
(2) of article 371A, it shall be necessary to
prepare and revise separately the electoral roll for that part of the parliamentary constituency of
Nagaland which comprises the Tuensang district and the provisions of Part III shall apply in
relation to the preparation and revision of the electoral roll of the said part as they apply in relation
to an assembly constituency.
(2) The provisions of Part III shall apply in relation to every parliamentary constituency in
the State of Jammu and Kashmir or in a Union territory not having a Legislative Assembly as they
apply in relation to an assembly constituency.]
PART III
3
[ELECTORAL ROLLS FOR ASSEMBLY 4*** CONSTITUENCIES]
5
[14. Definitions.—In this Part, unless the context otherwise requires,—
(a) “constituency” means an Assembly constituency 4*** ;
(b) “qualifying date”, in relation to the preparation or revision of every electoral roll under
this Part, means 6[the 1st day of January, the 1st day of April, the 1st day of July and the 1st day
of October] of the year in which it is so prepared or revised:]
7
[Provided that “qualifying date”, in relation to the preparation or revision of every electoral
roll under this Part in the year 1989, shall be the 1st day of April, 1989.]
15. Electoral roll for every constituency.—For every constituency there shall be an electoral
roll which shall be prepared in accordance with the provisions of this Act under the superintendence,
direction and control of the Election Commission.
1. Ins. by Act 1 of 1989, s. 2 (w.e.f. 15-3-1989).
2. Subs. by Act 47 of 1966, s. 7, for section 13D (w.e.f. 14-12-1966).
3. Subs. by Act 2 of 1956, s. 10, for the heading “REGISTRATION OF PARLIAMENTARY ELECTORS”
(w.e.f. 1-8-2022).
4. Certain words omitted by Act 103 of 1956, s. 65 (w.e.f. 1-1-1957).
5. Subs. by Act 2 of 1956, s. 11, for section 14 (w.e.f. 1-3-1956).
6. Subs. by Act 49 of 2021, s. 2, for “the 1st day of January” (w.e.f.1-8-2022).
7. Ins. by Act 21 of 1989, s. 3 (w.e.f. 28-3-1989).
11
16. 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 1*** 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:
2
[
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 re-instated in that roll if such
disqualification is, during the period such roll is in force, removed under any law authorising such
removal.]
17. 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 3* * *.
18. No Person to be registered more than once in any constituency.—No person shall
be entitled to be registered in the electoral roll for any constituency more than once.
4
[19. Conditions of registration.—Subject to the foregoing provisions of this Part, every person
who —
(a) is not less than 5[eighteen years] of age on the qualifying date, and
(b) is ordinarily resident in a constituency,
shall be entitled to be registered in the electoral roll for that constituency.]
20. Meaning of “ordinarily resident”.—6[
(1) A person shall not be deemed to be ordinarily
resident in a constituency on the ground only that he owns, or is in possession of, a dwelling house
therein.
(1A) A person absenting himself temporarily from his place of ordinary residence shall not by
reason thereof cease to be ordinarily resident therein.
(1B) A member of Parliament or of the Legislature of a State shall not during the term of his
office cease to be ordinarily resident in the constituency in the electoral roll of which he is registered
as an elector at the time of his election as such member, by reason of his absence from that
constituency in connection with his duties as such member.]
(2) A person who is a patient in any establishment maintained wholly or mainly for the
reception and treatment of persons suffering from mental illness or mental defectiveness, or who is
detained in prison or other legal custody at any place, shall not by reason thereof be deemed to be
ordinarily resident therein.
7
[
(3) Any person having a service qualification shall be deemed to be ordinarily resident on any
date in the constituency in which, but for his having such service qualification, he would have been
ordinarily resident on that date.]
1. The words “and illegal” omitted by Act 58 of 1960, s. 3 and the Second Schedule (w.e.f. 26-12-1960).
2. Ins. by Act 73 of 1950, s. 4 (w.e.f. 23-12-1950).
3. The words “in the same State” omitted by Act 58 of 1958, s. 6 (w.e.f. 30-12-1958).
4. Subs. by s. 7, ibid., for section 19 (w.e.f. 30-12-1958).
5. Subs. by Act 21 of 1989, s. 4, for “twenty-one years” (w.e.f. 28-3-1989).
6. Subs. by Act 58 of 1958, s. 8, for sub-section
(1) (w.e.f. 30-12-1958).
7. Subs. by Act 47 of 1966, s. 8, for sub-section
(3) (w.e.f. 14-12-1966).
12
(4) Any person holding any office in India declared1 by the President in consultation with the
Election Commission to be an office to which the provisions of this sub-section
apply, 2*** shall be deemed to be ordinarily resident 3*** on any date in the constituency in which,
but for the holding of any such office 4***, he would have been ordinarily resident 5* * * on that
date.
(5) The statement of any such person as is referred to in sub-section
(3) or sub-section
(4) made in
the prescribed form and verified in the prescribed manner, that 6[but for his having the service
qualification] or but for his holding any such office 7*** as is referred to in sub-section
(4) he would
have been ordinarily resident in a specified place 8*** on any date, shall, in the absence of evidence
to the contrary, be 6[accepted as correct].
(6) The 9[spouse] of any such person as is referred to in sub-section
(3) or sub-section
(4)
shall 10[if such spouse] be ordinarily residing with such person 11*** be deemed to be ordinarily
resident on 12*** in the constituency specified by such person under sub-section
(5).
13
[
(7) If in any case a question arises as to where a person is ordinarily resident at any
relevant time, the question shall be determined with reference to all the facts of the case and to
such rules as may be made in this behalf by the Central Government in consultation with the
Election Commission.]
(8) In sub-sections
(3) and
(5) “service qualification” means—
(a) being a member of the armed forces of the Union; or
(b) being a member of a force to which the provisions of the Army Act, 1950 (46 of 1950),
have been made applicable whether with or without modifications; or
(c) being a member of an armed police force of a State, who is serving outside that State; or
(d) being a person who is employed under the Government of India, in a post outside India.
14
[20A. Special provisions for citizens of India residing outside India.—
(1) Notwithstanding
anything contained in this Act, every citizen of India—
(a) whose name in not included in the electoral roll;
1. The following offices have been declared by the President by Notification No. S.O. 959, dated the 18th April, 1960: —
1. The President of India.
2. The Vice-President of India.
3. The Governors of States.
4. Cabinet Ministers of the Union or of any State.
5. The Deputy Chairman and Members of the Planning Commission.
6. The Ministers of State of the Union or of any State.
7. The Deputy Ministers of the Union or of any State.
8. The Speaker of the House of the People or of any State Legislative Assembly.
9. The Chairman of any State Legislative Council.
10. The Lieutenant Governors of Union territories.
11. The Deputy Speaker of the House of the People or of any State Legislative Assembly.
12. The Deputy Chairman of the Council of States or of any State Legislative Council.
13. The Parliamentary Secretaries of the Union or of any State.
2. Certain words omitted by Act 47 of 1966, s. 8 (w.e.f. 14-12-1966).
3. The words “during any period or” omitted by Act 2 of 1956, s. 14 (w.e.f. 1-3-1956).
4. The words “or employment” omitted by Act 47 of 1966, s. 8 (w.e.f. 14-12-1966).
5. The words “during any period or” omitted by Act 2 of 1956, s. 14 (w.e.f. 1-3-1956).
6. Subs. by Act 47 of 1966, s. 8, for certain words (w.e.f. 14-12-1966).
7. Certain words omitted by s. 8, ibid. (w.e.f. 14-12-1966).
8. The words “during any period or” omitted by Act 2 of 1956, s. 14 (w.e.f. 1-3-1956).
9. Subs. by Act 49 of 2021, s. 3, for “wife” (w.e.f. 1-8-2022).
10. Subs. by s. 3, ibid., for “if she” (w.e.f. 1-8-2022).
11. The words “during any period” omitted by Act 2 of 1956, s. 14 (w.e.f. 1-3-1956).
12. The words “during that period” omitted by s. 14, ibid (w.e.f. 1-3-1956).
13. Ins. by Act 47 of 1966, s. 8 (w.e.f. 14-12-1966).
14. Ins. by Act 36 of 2010, s. 2 (w.e.f. 10-2-2011).
13
(b) who has not acquired the citizenship of any other country; and
(c) who is absenting from his place of ordinary residence in India owing to his employment,
education or otherwise outside India (whether temporarily or not),
shall be entitled to have his name registered in the electoral roll in the constituency in which his place
of residence in India as mentioned in his passport is located.
(2) The time within which the name of persons referred to in sub-section
(1) shall be registered in
the electoral roll and the manner and procedure for registering of a person in the electoral roll under
sub-section
(1) shall be such as may be prescribed.
(3) Every person registered under this section shall, if otherwise eligible to exercise his franchise,
be allowed to vote at an election in the constituency.]
[21. Preparation and revision of electoral rolls. —
(1) The electoral roll for each constituency
1
shall be prepared in the prescribed manner by reference to the qualifying date and shall come into
force immediately upon its final publication in accordance with the rules made under this Act.
2
[
(2) The said electoral roll—
(a) shall, unless otherwise directed by the Election Commission for reasons to be recorded
in writing, be revised in the prescribed manner by reference to the qualifying date—
(i) before each general election to the House of the People or to the Legislative Assembly
of a State; and
(ii) before each bye-election to fill a casual vacancy in a seat allotted to the constituency;
and
(b) shall be revised in any year in the prescribed manner by reference to the qualifying date
if such revision has been directed by the Election Commission:
Provided that if the electoral roll is not revised as aforesaid, the validity or continued operation of
the said electoral roll shall not thereby be affected.]
(3) Notwithstanding anything contained in sub-section
(2), the Election Commission may
at any time, for reasons to be recorded, direct a special revision of the electoral roll for any
constituency or part of a constituency in such manner as it may think fit:
Provided that subject to the other provisions of this Act, the electoral roll for the
constituency, as in force at the time of the issue of any such direction, shall continue to be in force
until the completion of the special revision so directed.
3
[22. Correction of entries in electoral rolls.—If the electoral registration officer for a
constituency, on application made to him or on his own motion, is satisfied after such inquiry as he
thinks fit, that any entry in the electoral roll of the constituency—
(a) is erroneous or defective in any particular,
(b) should be transposed to another place in the roll on the ground that the person concerned
has changed his place of ordinary residence within the constituency, or
(c) should be deleted on the ground that the person concerned is dead or has ceased to be
ordinarily resident in the constituency or is otherwise not entitled to be registered in that roll,
the electoral registration officer shall, subject to such general or special directions, if any, as may be
given by the Election Commission in this behalf, amend, transpose or delete the entry 4[after proper
verification of facts in such manner as may be prescribed]:
1. Subs. by Act 2 of 1956, s. 15, for sections 21 to 25 (w.e.f. 1-3-1956).
2. Subs. by Act 47 of 1966, s. 9, for sub-section
(2) (w.e.f. 14-12-1966).
3. Subs. by Act 58 of 1958, s. 9, for section 22 (w.e.f. 30-12-1958).
4. Ins. by Act 36 of 2010, s. 3 (w.e.f. 10-2-2011).
14
Provided that before taking any action on any ground under clause
(a) or clause
(b) or any
action under clause
(c) on the ground that the person concerned has ceased to be ordinarily
resident in the constituency or that he is otherwise not entitled to be registered in the electoral roll of
that constituency, the electoral registration officer shall give the person concerned a reasonable
opportunity of being heard in respect of the action proposed to be taken in relation to him 1[after
proper verification of facts in such manner as may be prescribed].
2
[23. Inclusion of names in electoral rolls.—
(1) Any person whose name is not included in the
electoral roll of a constituency may apply to the electoral registration officer for the inclusion of his
name in that roll.
(2) The electoral registration officer shall, if satisfied that the applicant is entitled to be registered
in the electoral roll, direct his name to be included therein 3[after proper verification of facts in such
manner as may be prescribed]:
Provided that if the applicant is registered in the electoral roll of any other constituency, the
electoral registration officer shall inform the electoral registration officer of that other constituency
and that officer shall, on receipt of the information, strike off the applicant's name from that roll 3[after
proper verification of facts in such manner as may be prescribed].
(3) No amendment, transposition or deletion of any entry shall be made under section 22 and no
direction for the inclusion of a name in the electoral roll of a constituency shall be given under this
section, after the last date for making nominations for an election in that constituency or in the
parliamentary constituency within which that constituency is comprised and before the completion of
that election.]
4
[
(4) The electoral registration officer may for the purpose of establishing the identity of any
person require that such person may furnish the Aadhaar number given by the Unique Identification
Authority of India as per the provisions of the Aadhaar (Targeted Delivery of Financial and Other
Subsidies, Benefits and Services) Act, 2016 (18 of 2016):
Provided that the electoral registration officer may also require the Aadhaar number from persons
already included in the electoral roll for the purposes of authentication of entries in electoral roll and
to identify registration of name of the same person in the electoral roll of more than one constituency
or more than once in the same constituency.
(5) Every person whose name is included in the electoral roll may intimate his Aadhaar number to
such authority in such form and manner as may be prescribed, on or before a *date to be notified by
the Central Government in the Official Gazette.
(6) No application for inclusion of name in the electoral roll shall be denied and no entries in the
electoral roll shall be deleted for inability of an individual to furnish or intimate Aadhaar number due
to such sufficient cause as may be prescribed:
Provided that such individual may be allowed to furnish such other alternate documents as may be
prescribed.
Explanation.—For the purposes of this section, the expression "Aadhaar number" shall have the
same meaning as assigned to it in clause
(a) of Section 2 of the Aadhaar (Targeted Delivery of
Financial and Other Subsidies, Benefits and Services) Act, 2016 (18 of 2016).]
1. Ins. by Act 36 of 2010, s. 3 (w.e.f. 10-2-2011).
2. Subs. by Act 47 of 1966, s. 10, for s. 23 (w.e.f. 14-12-1966).
3. Ins. by Act 36 of 2010, s. 4 (w.e.f. 10-2-2011).
4. Ins. by Act 49 of 2021, s. 4 (w.e.f. 1-8-2022).
* 1st April, 2023 section 25
(5), vide notification No. S.O. 2805(E), dated 17th June, 2022, see Gazette of India,
Extraordinary, Part II, sec. 3 (ii).
15
1
[24. Appeals.—An appeal shall lie within such time and in such manner as may be
prescribed—
