Electoral Roll: Why Updating Stops Once Nominations Close

Part 4: The process of updating the electoral roll is continuous, but once the last date for filing nomination papers passes, the list is frozen until the results are declared.

The process of updating the electoral roll is continuous. It is not directly linked to any single election.

However, once the Election Commission of India announces the programme for a Lok Sabha or State Assembly election, the last date for filing nomination papers is fixed. The electoral roll as it stands on that date becomes final for the upcoming election.

This means that only voters whose names are included in the roll on that day are eligible to cast their vote. After the nomination deadline, no further changes can be made to the electoral roll until counting is completed and results are declared.

The Constitution Bench of the Supreme Court explained this principle in detail in the landmark case of Lakshmi Charan Sen vs. A.K.M. Hassan Uzman. The Court made it clear that while the roll is updated continuously, it remains frozen for the duration of the election process.

A related case was later brought before the Karnataka High Court and subsequently the Supreme Court, challenging changes made to the electoral roll after the nomination deadline. The judgements in this matter are also significant and must be understood.

Narendra Kheni v. Manikrao Patil

An election petition was filed in the Karnataka High Court challenging the elections to the Bidar Local Body Constituency for the Karnataka Legislative Council. These elections were held in May 1974.

The petitioners argued that some names had been added to the electoral roll after 3 pm on the last day for filing nominations. Under Section 23(3) of the Representation of the People Act, 1950, no changes can be made to the electoral roll after the deadline for filing nominations until the election process is completed. This includes the addition of new names. In effect, the roll as it stands on the final day for nominations is treated as the definitive list of voters for that election.

In this case, the petitioners maintained that names were added to the roll after the cut-off time. Having reviewed the arguments and evidence presented by both sides, the Karnataka High Court ruled that the elections in the Bidar Local Body Constituency must be cancelled. The court found that including names in the roll after the deadline violated Section 23(3) of the Act.

Since these additions could potentially affect the election results, the court declared the process invalid and cancelled the elections. The Supreme Court later upheld the High Court’s decision.

The Central Election Commission has the authority to prepare the electoral roll for all constituencies. Guidelines on how and when these rolls should be updated are set out in Section 21 of the Representation of the People Act, 1950. The rolls must be revised before every Lok Sabha and Assembly election, as well as before by-elections. Once the deadline for filing nomination papers passes, no further changes can be made. The roll as it stands on that date is treated as final for that particular election. Additionally, Section 21(3) permits the Election Commission to conduct a special verification campaign for any constituency. The Commission also has the power to decide the procedure for such exercises. Using this provision, the Election Commission of India recently conducted a special verification campaign (SIR) in Bihar.

If the place of ordinary residence of a voter changes after his name is registered in the electoral roll, the Commission has the power to remove his name from the electoral roll of the relevant constituency under Section 22 of the same Act. If a person has passed away, the Commission has the power to remove their name from the electoral roll. However, before removing a person's name from the electoral roll, their side should be heard. This section also explains that no action should be taken unilaterally. That is, in any situation other than death, it is mandatory for the concerned officer to hear the person before removing his name from the electoral roll.

The provision for inclusion of name in the electoral roll is in Section 23 of the Representation of the People Act. If any voter wants to appeal in this regard, he or she can approach the District Collector or Additional District Collector. An appeal can also be made to the Chief Election Commissioner of the state against the decision of the District Collector. Provisions in this regard have been made in Section 24.

The discussion continues in Part 5.

(The writer is an author and a digital journalism teacher. Views personal.)