Preparation and revision of electoral rolls
Section 21 of the Representation of the People Act, 1950 deals with preparation and revision of electoral rolls. [21. Preparation and revision of electoral rolls.(1) The electoral roll for each constituency 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. The Act came into force on 12 May 1950.
1[21. Preparation and revision of electoral rolls.(1) The electoral roll for each constituency 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.
Section 21, The Representation of the People Act, 1950 (Act 43 of 1950).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
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.
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Lal Babu Hussein vs Electoral Registration Officer
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: Preparation and revision of electoral rolls; Election Commission power to direct special revision
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Shyamdeo Pd. Singh vs Nawal Kishore Yadav
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: Prescribes manner for preparation and revision of electoral rolls
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.
Made under this section, and citing it
2 instruments name this provision in its title or its text without being made under it.
Questions about Section 21
What have the courts held on Section 21 of the Representation of the People Act?
Lal Babu Hussein vs Electoral Registration Officer (06 Feb 1995) is the leading judgment on this section among those set out below: Preparation and revision of electoral rolls; Election Commission power to direct special revision. Another 1 judgment on this section is set out below, all of them from the Supreme Court. They run from 1995 to 2000.
How do I find court cases under Section 21 of the Representation of the People Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Representation of the People Act 21, section 21 Representation of the People Act, section 21 of the Representation of the People Act. People searching for it also type representation of the people act 1950 section 21 and representation of peoples act section 21 3. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Lal Babu Hussein vs Electoral Registration Officer (06 Feb 1995).
What should I read with Section 21 of the Representation of the People Act, and has it changed?
2 other provisions in this corpus refer back to it. 2 instruments name it without being made under it, most recently The Registration of Electors (Amendment) Rules, 2022 (2022), then The Registration of Electors Rules, 1960 (1960).
When did Section 21 of the Representation of the People Act come into force?
Section 21 of the Representation of the People Act, cited as Representation of the People Act 21, came into force on 12 May 1950, having been enacted on 12 May 1950. It is in force as at the date shown on this page.
Other sections of this Act
- 7. Total number of seats in Legislative Assemblies and Assembly Constituencies588 words
- 8A. Delimitation of Parliamentary and Assembly constituencies in the States of Arunachal Pardesh, Assam, Manipur or Nagaland577 words
- 27. Preparation of electoral rolls for Council Constituencies559 words
- 20. Meaning of “ordinarily resident”551 words
- 23. Inclusion of names in electoral rolls462 words
- 8. Consolidation of delimitation orders403 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.