Correction of entries in electoral rolls
Section 22 of the Representation of the People Act, 1950 deals with 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 The Act came into force on 12 May 1950.
1[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 2[after proper verification of facts in such manner as may be prescribed]:
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 3[after proper verification of facts in such manner as may be prescribed].
Section 22, 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: Correction of entries in electoral rolls; Electoral Registration Officer power to delete entries; Court held that before deletion, person must be given reasonable opportunity of being heard
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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: Provides for correction of entries in 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.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… DELIVERED THE FOLLOWING: JUDGMENT Dated this the 23rd day of May, 2022 The petitioner, who is a resident of Thrikkakkara Legislative Assembly Constituency in Ernakulam, is before this Court seeking to command the 4th respondent-Electroal Registration Officer to conduct an enquiry as contemplated under Section 22 of the Representation of the People Act, 1950 (hereinafter referred to as the 'Act,1950'), as to the entitlement of voters pointed out in Exts.P3 to P5 to remain in the electoral roll for the bye-election scheduled to be conducted to Thrikkakkara Legislative Assembly Constituency in a time bound manner. The …
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… ORDER: We have heard learned counsel for the petitioner and the learned standing counsel for Election Commission of India. 2. The pivotal issue addressed by the petitioner in this Public Interest Litigation is that, having regard to Sections 15, 22 and 23, among Part - III of the Representation of the People Act, 1950 (hereinafter leferied to as 'Act'), it is entirely a matter within the domain of the Electoral Registration Officer (hereinafter referred to as 'ERO') to carry out the process of including and excluding the voters in the voters list relating to …
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… his representation for revision of the electoral roll published on 28.01.2020 of teachers constituency of Meerut Division for the year 2020 pertaining to the Legislative Council Elections of 2020 and further seeks to prepare the Electors Roll of the said constituency in accordance with law. It is contended that Section 22 of the Representation of the People Act, 1950 provides that Electoral Registration Officer for Constituency concerned, either on the application received by him or on his own motion, can make an enquiry to correct an entry in the electoral roll of a constituency prepared under Section 21 of the Act, 1950, if it is …
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 22
What have the courts held on Section 22 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: Correction of entries in electoral rolls; Electoral Registration Officer power to delete entries; Court held that before deletion, person must be given reasonable opportunity of being heard. 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 22 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 22, section 22 Representation of the People Act, section 22 of the Representation of the People Act. People searching for it also type section 22 of the representation of the people act 1950. 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 22 of the Representation of the People Act, and has it changed?
5 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 22 of the Representation of the People Act come into force?
Section 22 of the Representation of the People Act, cited as Representation of the People Act 22, 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.