FAQs Related to Election Process: Focusing on NOTA, Electrol roll registration,


 Who is responsible for the counting of votes and declaration of result of an election?

Ans .The Returning Officer
According to Sec. 64 of the R. P. Act, 1951, votes are counted by or under the supervision / direction of the Returning Officer of the Constituency. When the counting is completed, the Returning officer declares the result as per provisions of Sec. 66 of R. P. Act, 1951.

 After the declaration of results in all constituencies, which authority will constitute the new Lok Sabha – President or the Election Commission?
Ans. Election Commission of India (ECI)
According to Sec. 73 of the R. P. Act, 1951, after the results of all Parliamentary constituencies are declared, the Election Commission will constitute the new Lok Sabha by notifying in the official gazette, the names of the elected members.

 I have shifted my residence recently. I have Photo ID Card with the old address. Can I get new I Card for the present address?

Ans .First of all please  ensure that you have enrolled yourself in the Electoral Roll of the concerned AC, where you are now residing procedure  In case new residence is in the same constituency please fill form 8A otherwise form 6 and submit to ERO (SDM) or AERO (FSO) of the area of your new residence. changes will be made in existing Identity Card by pasting new address on the back side of the card.
My old I Card is defective. I would like to have a new I Card with correct particulars. What is the procedure?

Ans. You can get your I Card rectified by depositing it in the Office of the ERO concerned or at Photography center when the work of preparation of Photo ID card begins.
I have lost my old I Card. How can I get a new I Card?

Ans. You can deposit a copy of FIR lodged at the Police Station. You will get a new I Card after deposit Rs. 25. The dates for issuing I Cards are published in leading Newspapers, in Jt. CEO/DC office then cards are made throughout the year.
Who supervises the election work in a State?

Ans.The Chief Electoral Officer (CEO) supervise the election work related to Assembly and Parliament elections.
As per section 13A of the Representation of the People Act 1950, read with section 20 of the Representation of the People Act, 1951, the Chief Electoral Officer of a State/Union Territory is authorized to supervise the election work in the State/Union Territory subject to the overall superintendence, direction and control of the Election Commission.

 Who appoints the Chief Electoral Officer?

Ans .The Election Commission of India (ECI).
The Election Commission of India nominates or designates an Officer of the Government of the State/Union Territory as the Chief Electoral Officer in consultation with that State Government/Union Territory Administration.

  Who supervises the election work in a District?

Ans.The District Election Officer. In the case of Karnataka ,this is the concerned Deputy Commissioner who has been designated as Jt. Chief Electoral Officer. As per section 13AA of the Representation of the People Act 1950, subject to the superintendence, direction and control of the Chief Electoral Officer,the District Election Officer supervises the election work of a district.
Who is responsible for the preparation of electoral rolls for a Parliamentary or Assembly Constituency?

Ans.Electoral Registration Officer (ERO). In the case of Karnataka, these are the area sub-divisional Magistrates/Additional District Magistrates/ADMs.
The Electoral Registration officer is responsible for the preparation of electoral rolls for a parliamentary / assembly constituency.

Can a non-citizen of India become a voter?

Ans  .No.
A person who is not a citizen of India cannot be registered as a voter. Article 326 of the Constitution read with Sec. 16 of R.P.Act, 1950 clarify the point.

 Can a non-resident Indian citizen become a voter?

Ans.According to Section 19 of the R.P.Act, 1950, only a person who is ordinarily resident in a constituency is entitled to be registered in the electoral roll of that constituency. However, such of the non-resident Indian Citizens who are employed under Govt. of India in a post outside India are eligible to be registered as voters in terms of Sec 20(8)(d) read with Sec 20(3) of the R.P.Act, 1950.

Can one be enrolled at more than one place?
Ans.No.
A person cannot be enrolled as a voter in more than one place in the same constituency or in more than one constituency in view of the provisions contained under Sec. 17 and 18 of R.P.Act, 1950.

What is the outside support to Govt.?

Outside support means supporting any political party which has a chance to get majority to form a government, but one provides outside support without taking any position/or actually joining that government.

How can a regional party become a national/state party ?

A regional political party can become eligible to be recognised as a national party if it is able to fulfill any of the following terms:
The regional party has been able to win 2% of the seats in the latest held Lok Sabha (11 seats) from a minimum of three different states.

In an election to the Lok Sabha or Legislative Assembly,if the regional party is able to win 4 lok sabha seats and has polled 6 % of the total valid votes in at least four states.
The regional party is recognized as a state party in a minimum of four states in the country.

What is Form 6?
Form 6 is an application form issued by the Election Commission of India for Indian citizens who wish to register their names in the electoral roll. This form is generally filled and filed for the constituency within which the elector resides.

Can a non- citizen of India contest elections in India?

No, an election candidate cannot be a non-citizen of India. According to the Constitution, Article 84 (a), only a citizen of India can be chosen to fill up a seat in the Parliament. Same is true for State Legislative Assemblies, as per the provisions given in Article 173 (a) of the Indian Constitution.

Who is an overseas (NRI) elector?

Indian citizens living outside the country for work, education or any other reason are categorized as overseas (NRI) electors. Such non-resident Indians are qualified as electors only if they have not acquired any other country’s citizenship.
Can an NRI settled in foreign land become an elector of electoral roll in India?

There is a provision in the Representation of People Act, 1950 (Section 20A), which states that “An NRI settled in a foreign land can be an elector of electoral roll in India”. The NRI must hold a valid Indian passport that mentions his/her place of residence in India.

Can a non-citizen of India become a voter in the electoral rolls in India?

No, voting in India is only limited to citizens of India. People holding citizenship of another country are not eligible to vote or register in the electoral rolls in India. People who were Indian citizens earlier, but now have acquired citizenship of another country are also not eligible.

What is NOTA?
NOTA is the abbreviation for “None of the Above”. It is a recent addition with the Election Commission of India. According to the Supreme Court judgment, dated 27th September 2013, the Electronic Voting Machines across India will have a “None of the Above” or NOTA option at the end of the list of candidates. This would allow voters, who do not consider any of the candidates eligible to still cast their votes.

Can a person confined in jail vote in an election?

No, a person confined in jail cannot vote in an election in India. As per the provisions given in the Representation of People Act, 1951, Section 62 (5), a person in prison, “under sentence of imprisonment or transportation or otherwise, or in the lawful custody of the police” is not eligible to cast his vote in an election.

How much is the security deposit for an election?

A general candidate has to pay a security deposit of Rupees Twenty Five Thousand (Rs. 25,000) for Lok Sabha Election. Candidates belonging to the Scheduled Caste or Scheduled Tribe (SC/ST) are eligible for concession of Rupees Twelve Thousand Five Hundred Only (Rs. 12,500). As for Assembly Elections, general candidates have to pay Rupees Ten Thousand Only (Rs. 10,000), and those belonging to SC/ST have to pay Rupees Five Thousand Only (Rs. 5,000).
What is the Model Code of Conduct?

The Model Code of Conduct for guidance of political parties and candidates is a set of norms which has been evolved with the consensus of political parties who have consented to abide by the principles embodied in the said code and also binds them to respect and observe it in its letter and spirit.

There was a similar provision before NOTA. What was it?

Before the NOTA option came in existence, people casting negative votes were required to enter their names in a register and cast their vote on a separate paper ballot.

Under Section 49 (O) of the Conduct of Elections Rules, 1961, a voter could enter his electoral serial number in Form 17A and cast a negative vote. The presiding officer would then put a remark in the form and get it signed by the voter. This was done to prevent fraud or misuse of votes.
This provision was, however, deemed unconstitutional by the SC as it did not protect the identity of the voter.
What difference does NOTA make?

NOTA option would not impact the results of the elections. "The NOTA option on EVMs has no electoral value. Even if the maximum number of votes cast is for NOTA, the candidate getting the most of the remaining votes would be declared winner,

According to the directions of Hon'ble Supreme Court, the Election Commission made provision in the ballot papers/EVMs for None of the Above [NOTA] option so that the voters who come to the polling booth and decide not to vote for any of the candidates in the fray, are able to exercise their right not to vote for any candidate while maintain the secrecy of their ballot. The provision for NOTA has been made since General Election to State Legislative Assemblies of Chhattisgarh, Madhya Pradesh, Mizoram, NCT of Delhi and Rajasthan in October – December 2013 and continued in the General Election to State Legislative Assemblies of Andhra Pradesh, Arunachal Pradesh, Odisha and Sikkim in April – May 2014 along with the General Elections to Lok Sabha 2014.

The votes polled against the NOTA option are not taken into account for calculating the total valid votes polled by the contesting candidates for the purpose of return of security deposits to candidates. Even if the number of electors opting for NOTA option is more than the number of votes polled by any of the candidates, the candidate who secures the largest number of votes has to be declared elected.
Since introduction of NOTA, Rules 49 [0] of the Conduct of Election Rules, 1961 [relating to electors deciding not to vote] has been repealed.
Symbol for NOTA has been introduced in 2015

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