Preparation of electoral rolls for Council Constituencies
Section 27 of the Representation of the People Act, 1950 deals with preparation of electoral rolls for Council Constituencies. In this section, "local authorities' constituency", "graduates' constituency" and "teachers' constituency" mean a constituency for the purpose of elections to a Legislative Council under sub-clause (a), sub-clause (b) and sub-clause (c), respectively, of clause (3) of article 171. The Act came into force on 12 May 1950.
(1) In this section, "local authorities' constituency", "graduates' constituency" and "teachers' constituency" mean a constituency for the purpose of elections to a Legislative Council under sub-clause (a), sub-clause (b) and sub-clause (c), respectively, of clause (3) of article 171.
1[(2) For the purpose of elections to the Legislative Council of a State in any local authorities' constituency--
(a) the electorate shall consist of members of such local authorities exercising jurisdiction in any place or area within the limits of that constituency as are specified in relation to that State in the Fourth Schedule;
(b) every member of each such local authority within a local authorities' constituency shall be entitled to be registered in the electoral roll for that constituency;
(c) the electoral registration officer for every local authorities' constituency shall maintain in his office in the prescribed manner and form the electoral roll for that constituency corrected up-to-date;
(d) in order to enable the electoral registration officer to maintain the electoral roll corrected up-to-date, the chief executive officer of every local authority (by whatever designation such officer may be known) shall immediately inform the electoral registration officer about every change in the membership of that local authority; and the electoral registration officer shall, on receipt of the information, strike off from the electoral roll the names of persons who have ceased to be, and include therein the names of persons who have become, members of that local authority; and
(e) the provisions of sections 15, 16, 18, 22 and 23 shall apply in relation to local authorities' constituencies as they apply in relation to assembly constituencies.]
(3) For the purpose of elections to the Legislative Council of a State in the graduates' constituencies and the teachers' constituencies, the State Government concerned may, with the concurrence of the Election Commission, by notification in the Official Gazette, specify--
(a) the qualifications which shall be deemed to be equivalent to that of a graduate of a university in the territory of India, and
(b) the educational institutions within the State not lower in standard than that of a secondary school.
2[(4) The provisions of sections 15, 16, 18, 21, 22 and 23 shall apply in relation to graduates' constituencies and teachers' constituencies as they apply in relation to assembly constituencies.]
(5) Subject to the foregoing provisions of this section,--
3* * * * *
4[(a)] every person who 5[is] ordinarily resident in a graduates' constituency and has, for at least three years 6[before the qualifying date], been either a graduate of a University in the territory of India or in possession of any of the qualifications specified under clause (a) of sub-section (3) by the State Government concerned, shall be entitled to be registered in the electoral roll for that constituency; and
7[(b)] every person who 5[is] ordinarily resident in a teachers' constituency, and has, within the six years immediately 6[before the qualifying date] for a total period of at least three years, been engaged in teaching in any of the educational institutions specified under clause (b) of sub-section (3) by the State Government concerned shall be entitled to be registered in the electoral roll for that constituency.
8[(6) For the purposes of sub-sections (4) and (5) the qualifying date shall be the 1st day of November of the year in which the preparation or revision of the electoral roll is commenced.]
Section 27, 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.
This section refers to
- s. 15 Electoral roll for every constituency
- s. 16 Disqualifications for registration in an electoral roll
- s. 18 No person to be registered more than once in any constituency
- s. 21 Preparation and revision of electoral rolls
- s. 22 Correction of entries in electoral rolls
- s. 23 Inclusion of names in electoral rolls
Referred to by 1
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: Specifies preparation of electoral rolls for Council constituencies including teachers constituencies; defines qualifications as ordinary residence and engagement in teaching at approved educational institutions for minimum three years in preceding six years
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 27
What have the courts held on Section 27 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: Specifies preparation of electoral rolls for Council constituencies including teachers constituencies; defines qualifications as ordinary residence and engagement in teaching at approved educational institutions for minimum three years in preceding six years.
How do I find court cases under Section 27 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 27, section 27 Representation of the People Act, section 27 of the Representation of the People Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Shyamdeo Pd. Singh vs Nawal Kishore Yadav (28 Aug 2000).
What should I read with Section 27 of the Representation of the People Act, and has it changed?
Its own text turns on section 15 (Electoral roll for every constituency), section 16 (Disqualifications for registration in an electoral roll), section 18 (No person to be registered more than once in any constituency), section 21 (Preparation and revision of electoral rolls), and on 2 further provisions, so none of them can safely be read on its own. 1 other provision in this corpus refers 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 27 of the Representation of the People Act come into force?
Section 27 of the Representation of the People Act, cited as Representation of the People Act 27, 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
- 20. Meaning of “ordinarily resident”551 words
- 23. Inclusion of names in electoral rolls462 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.