Disqualifications for registration in an electoral roll

Related judgements & precedents

These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.

1. Shyamdeo Pd. Singh vs Nawal Kishore Yadav

   Supreme Court of India 28 Aug 2000 Binding (Supreme Court)

   Court's Decision & Legal Precedent

   Inclusion of persons in the electoral roll who are not qualified to be enrolled under Section 27 of the Representation of the People Act, 1950 cannot constitute a ground for setting aside an election of a returned candidate under Section 100 of the Representation of the People Act, 1951, unless such persons are explicitly disqualified under Section 16 of the 1950 Act. A person validly enrolled in the electoral roll by authorized authorities is entitled to cast a vote and cannot be excluded from exercising voting rights on the ground that they did not satisfy eligibility requirements, as the electoral roll becomes final and conclusive as to qualification matters from the last date for nominations until completion of the election. The distinction between statutory disqualification (which bars voting even if enrolled) and lack of qualification (which may have required denial of enrollment but does not bar voting once enrolled) is fundamental to election law. Non-compliance with electoral roll preparation procedures, while subject to criticism and administrative correction, does not provide grounds for election petition challenge post-nomination deadline.

   On this section: Specifies disqualifications for registration including non-citizenship, unsoundness of mind, and disqualification under corrupt practices law; court held this is the only basis to challenge voter eligibility once enrolled

   Read the full order on eCourts India

2. Lal Babu Hussein vs Electoral Registration Officer

   Supreme Court of India 06 Feb 1995 Binding (Supreme Court) 1995 AIR 1189; 1995 SCC (3) 100; JT 1995 (2) 229; 1995 SCALE (1) 483

   Court's Decision & Legal Precedent

   When determining citizenship for electoral roll purposes, the authority must follow quasi-judicial procedure with full disclosure of material basis for suspicion, reasonable opportunity for affected person to be heard and rebut evidence, independent application of mind by the officer, and issuance of speaking order with reasons. Previous inclusion in electoral roll creates presumption of regularity and adequate probative value must be attached to it. All evidence, documentary or otherwise, must be entertained and assessed on merits. Mass verification exercises based on undisclosed police reports without individual inquiry violate principles of natural justice and are invalid.

   On this section: Disqualifications for registration in electoral roll; citizenship requirement; Court held person must be citizen of India to be entitled to inclusion in electoral roll

   Read the full order on eCourts India

The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.