Inclusion of names in electoral rolls
Section 23 of the Representation of the People Act, 1950 deals with inclusion of names in electoral rolls. 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. The Act came into force on 12 May 1950.
1[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 2[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 2[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.]
3[(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).]
Section 23, 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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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 inclusion of names in electoral rolls and restrictions on amendment, deletion or transposition after last nomination date; court emphasized this temporal restriction implements Article 329(b) urgency principle
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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: Inclusion of names in electoral rolls; application procedure
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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… proviso to Section 12(1) of Municipal Corporation Act, 1955 makes it very clear that any amendment, transposition or deletion of any entry in the electoral roll or any inclusion of the name in electoral roll of the assembly constituency is concerned made by the Electoral Registration Officer under Section 22 or Section 23 of the Representation of the People Act, 1950, up to the date of election notification, for any election held under this Act shall be carried out in the roll of the Corporation and any such inclusion shall be added to the part relating to the concerned ward. Therefore, any amendment or deletion or transposition …
Made under this section, and citing it
3 instruments name this provision in its title or its text without being made under it.
Questions about Section 23
What have the courts held on Section 23 of the Representation of the People Act?
Shyamdeo Pd. Singh vs Nawal Kishore Yadav (28 Aug 2000) is the leading judgment on this section among those set out below: Prescribes inclusion of names in electoral rolls and restrictions on amendment, deletion or transposition after last nomination date; court emphasized this temporal restriction implements Article 329(b) urgency principle. 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 23 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 23, section 23 Representation of the People Act, section 23 of the Representation of the People Act. People searching for it also type section 23 4 of the representation of the people act 1950 and section 23 of the representation of 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 Shyamdeo Pd. Singh vs Nawal Kishore Yadav (28 Aug 2000).
What should I read with Section 23 of the Representation of the People Act, and has it changed?
Its own text turns on section 2 (Definitions), section 22 (Correction of entries in electoral rolls), so none of them can safely be read on its own. 4 other provisions in this corpus refer back to it. 3 instruments name it without being made under it, most recently Notification (2022), then The Registration of Electors (Amendment) Rules, 2022 (2022).
When did Section 23 of the Representation of the People Act come into force?
Section 23 of the Representation of the People Act, cited as Representation of the People Act 23, 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
- 8. Consolidation of delimitation orders403 words
- 28. Power to make rules401 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.