Updated: Thursday April 25, 2013/AlKhamis
Jamada El Thaniah 15, 1434/Bruhaspathivara
Vaisakha 05, 1935, at 09:11:34 PM
The Electoral Rolls Act, 1974
Act XXI of 1974
22 April 1974
An Act to provide for the
Preparation and revision of electoral rolls for
election to the National Assembly and the Provincial Assembly.
Whereas it is expedient to provide for the preparation and revision of electoral rolls for elections to the National Assembly and the Provincial Assembly and for matters connected therewith and incidental thereto.
It is hereby enacted as follows:-
1. Short title and Commencement:---
1). This Act may be called the Electoral Rolls Act 1974.
2). It shall come into force at once.
3). It
extends to the whole of
2. Definitions. ‑In this Act, unless‑there is anything repugnant in the subject or context,‑--
1) "Commissioner" means the Chief Election Commissioner appointed under the Constitution and includes‑
i. the person continuing in the office of Chief Election Commissioner by virtue of Article 275 of the Constitution; and
ii. a Judge of the Supreme Court nominated under Article 217 of the Constitution to act as Chief Election Commissioner;
2) "electoral area" means‑
a. [in rural areas, a village or a census block; and]1
b. [in urban areas,‑
(i) where there is a municipal ward or census block , such ward or census block,
(ii) where there is no municipal ward or a census block, a well‑defined mohalla or a street, and
(iii) Where the ward or census block, mohalla or street is too big, a well‑defined part thereof; or]2
Legal Amendments
1) clause a. of sub-section 2 of section 2 substituted by the Electoral rolls(Amendment)Ordinance IX of 2002.
2) clause b. of sub-section 2 of section 2 substituted by the Electoral rolls(Amendment)Ordinance IX of 2002.
3) "Prescribed" means prescribed by rules made under this Act;
4) "Registration Officer" means a Registration Officer appointed under section 5, and includes an Assistant Registration Officer performing the functions of a Registration Officer; and
5) "Revising Authority" means a person appointed under section 9 to hear and dispose of claims and objections and applications for correction relating to the electoral rolls.
3. Assistance to Commissioner.-
1) The Commissioner may require any person or authority to perform such function or render such assistance for
the purposes of this Act as the Commissioner may direct.
2) All executive authorities of the Federal Government, each Provincial Government, the Federal Capital and the Federally Administered Tribal Areas shall assist the Commissioner in the performance of his functions under this Act and for this purpose the Commissioner may issue such directions as he may consider necessary.
3) The Federal Government and each Provincial Government shall make available to the Commissioner such staff as he may require for the performance of his functions under this Act.
4 Preparation and computerization of Electoral Rolls for Election to the Assemblies. -
1) The Commissioner shall cause to be prepared the electoral rolls for election to the National Assembly and Provincial Assemblies afresh or by revising the electoral rolls existing immediately before the commencement of electoral rolls (Amendment) Ordinance, 2000, and revised from time to time in the prescribed manner.
2) The Commissioner shall make arrangements or the computerization of the electoral rolls in the manner as he may determine and any printout of the computer maintained by; or with the authority of; the Commissioner shall dedeemed to the an Electoral Roll Published under this Act.]1
Legal Amendment
1. [Section 4 substituted by Electoral Rolls (Amendment) Ordinance 2000 LI of 2000. The Original Section 4 was as under.
“ The Electoral rolls shall be prepared simultaneously under this act on the principle of separate electorate for the Muslims and Non-Muslims revised annually.”
System of electorate
Constitution of Pakistan (1973)-Silent about system of electorate- Matters left to be determined by Parliament and eventually separate electorate provided for Muslims and non-Muslims by Electoral Rolls Act, 1974 (as amended by Electoral Rolls (Amendment) Ordinance. 1978]-Agreement regarding question of electorate having been settled by Constitution (1973), held, not tenable and not a single word of Constitutional mandate violated by adoption of separate electorate.
Evidentiary value. Entries in electoral roll, were important piece of evidence and although not conclusive, but could be taken into consideration alongwith other evidence while deciding a question of fact-Entries in electoral roll showed lady to be widow of deceased-Such entries, were strong piece of evidence to prove that petitioner was wedded wife of deceased. 1993 M L D 719
PLD 1961 (WP) BJ 15 ref.
Cantonments Act
Whether provisions of Electoral Rolls Act, 1974 applicable for preparation of Roll for election under Cantonments Act-Correction of electoral list of cantonment area how to be effected.
Under section 15-A of the Cantonments Act, 1924, the Electoral Rolls for the election of the Cantonment Board shall be prepared on the basis of the Electoral Rolls pertaining to that Cantonment prepared under section 4 of the Electoral Rolls, 1974. The responsibility of the Board is to prepare the Rolls for the purpose of the election held under the Act on the basis of Electoral Rolls Act, 1974. There is no provision in the Act or the Rules by which the Registration Officers are authorised to make any correction or additions and alterations in the Rolls prepared by them. Not only this, but there is no embargo to the Registration Officer not to register such votes.
Section 6 of the Act deals with preparation of preliminary Electoral Rolls containing the name of every person entitled to be enrolled as voter. The draft Rolls are published under section 8 by which objections are invited and under section 10, the Registration officer or Revising Authority has to dispose of such objections within 21 days next to following the date of the publication of the preliminary Electoral Rolls under section 8. There is a provision under section 17 for revision of such Rolls annually and under section 18, any person whose name is not included in the Rolls or any correction is to be sought, can apply to the Registration Officer.
From provision of section 20 of Electoral Rolls Act, the intention is that after the announcement of the Election Programme, the Electoral Rolls shall not be changed in the interest of honest and fair elections. Section 20, is thus applicable for the preparation of Roll for the Election of the Cantonments Act, 1924.
Electoral roll
Name of voters entered twice/thrice in such roll-Effect-Merely because name of person has been entered twice or thrice, held, would not lead to presumption that such person had cast several votes in accordance with entries of list.
5. Appointment of Registration Officers, etc. -
1) The Commissioner shall appoint a Registration Officer for an electoral area or group of electoral areas for the purpose of preparation, revision, correction and amendment of the electoral rolls and may, for that purpose,appoint as many Assistant RegistratioOfficers as may be necessary.
2) Subject to such instructions as may be given in this behalf by the Commissioner,‑
a) an Assistant Registration Officer may, under the control of the Registration Officer, perform the functions of a Registration Officer; and
b) a Registration Officer may require any person to assist him in the performance of his functions.
6. Preparation .of preliminary electoral rolls,etc.---
[1) Subject to the superintendence, directions and control of the Commissioner, the Registration officer shall prepare the Electoral Rolls by including therein the name of every person entitled to be enrolled as voter in the Electoral area under this Act.; and ]1
2) A person shall be entitled to be enrolled as a voter in an electoral area if he‑
a) is a citizen of
b) is not less than eighteen years of age on the first day of January in the year in which the preparation or revision of the electoral rolls commences under this Act;
[ba) Possesses the National Identity Card issued, or deemed to have been issued, to him under the National Data Base and
Registration Authority Ordinance, 2000 (viii of 2000)]2
c) is not declared by a competent Court to be of unsound mind; and
d) is, or is deemed under section 7 to be, resident in the electoral area:
Provided that, for the purpose of the first general election to the National Assembly or Provincial Assembly, or an election to a seat falling~‑vacant before the holding of the second general election to the National Assembly or a Provincial Assembly, clause b) shall have effect as if for the word "eighteen" therein the word "twenty‑one" were substituted.
Legal Amendments
1. Section 6 sub-section 1 was substituted by Electoral Rolls (Amendment) Ordinance 2000 LI of 2000. The original sub section 1 was as under.
(1) Subject to the superintendence, directions and control of the Commissioner, the Registration officer shall revise the existing electoral rolls by‑7
(i) Including therein the name of every person entitled to be enrolled as a voter in an electoral area under this Act;
(ii) Deleting therefrom the names of such voters as have died since the preparation of the existing electoral rolls; and
(iii) deleting therefrom the name of every person who is not entitled to be enrolled as a voter in any electoral area under this Act.
2. Clause (ba) was added through Electoral Rolls (Amendment) Ordinance, 2000 LI of 2000.
7. Meaning of resident. -
1) Save as hereinafter provided, a person shall be deemed to be resident in an electoral area if he ordinarily resides, or owns or is in possession of a dwelling house or other immovable property, in that area.
2) Where a person owns or possesses dwelling houses or other immovable property in more than one electoral area, he may, at his option, be enrolled in any one such area.
3) A person who is in the service of Pakistan or holds any public office shall be deemed to be resident in the electoral area where he is posted, unless he applies in writing to the Registration Officer for enrolment in the electoral area in which he would have been enrolled if he had not been in such service or had not held such office.
4) The wife of any such person as is referred to in subsection (3) and such of his children as are entitled to be enrolled shall, if they ordinarily' reside with such person, be deemed to be residents in the electoral area in,, which such person is deemed to be resident under that subsection.
5)
A person who is detained in prison or held in other custody at any place in
Eligibility of respondent to seek election against Special Seat of Technocrats in Senate from Province of Punjab contested on the ground that he was neither resident of Punjab nor was practising law in any of the Courts of Punjab-Effect-Respondent admittedly owned immovable property in Punjab and was, thus, legally entitled to be registered as voter in terms of S.6, Electoral Rolls Act, 1974 and Art.62(c) of the Constitution of Pakistan-Respondent's name, however, having been entered in voters' list, such fact could not be questioned in election petition--Respondent was, thus, entitled to seek election against special seat in Senate from Province of Punjab. 1998CLC1138
1987 CLC 1167; 1987 MLD 1372; 1986 CLC 2050; 1997 CLC 1132; 1995 CLC 394; 1990 ALD 170(1); 1997 CLC.1765; 1991 CLC 175; 1986 MLD 2707; PLD 1991 Lah. 200; 1997 MLD 3027 and 1986 CLC 1386 ref.
Rejection of nomination paper on ground that candidate was not resident of relevant cantonment area at all and residence shown in electoral roll was unreal-Candidate offering no proof in evidence to 'show that he was resident of cantonment area Place shown as residence of candidate in electoral roll a government accommodation occupied by Government servant since March 1970Allegation that candidate had utilized his own vote in election of Municipal area-National Identity Card issued at instance of candidate himself establishing that he was resident of Municipal area-Nature of business said to be done by candidate not disclosed-Held, double enrolment itself was not a disqualification but that certainly raises a serious question as to which entry was correct and to be maintained Opposite candidate becomes interested person in such controversy Entry in electoral roll raises only a presumption of fact and evidentiary effect thereof is negated by contrary proof furnished by National Identity Card-Evidentiary value of National Identity Card is greater for simple reason that such Card is a document prepared on information furnished by no other person than the applicant of Card himself - Returning Officer, therefore, was competent to prefer presumption raised in National Identity Card rather than one in electoral roll-Non-production of any evidence by candidate to prove his residence in cantonment area also raises a presumption against him-Circumstances, therefore, give rise to grave suspicion as to genuineness of claim of candidate that he was eligible for election from cantonment area being resident thereof-Refusal of Returning Officer and Chairman Cantonment Board to invoke presumption in favour of candidate on basis of entry in electoral roll, therefore, cannot be held to be illegal, in circumstances.-
Residence required is not technical but actual and physical and expression "reside" used in S. 7, Electoral
Rolls Act, 1974 means actual residence or place where a person actually lives-`Residence' means residence
existing in reality and in fact and not merely in form-Persons owning or possessing dwelling houses or other immovable property in more than one electoral area, or persons serving in Pakistan and their wives etc. have option to be enrolled in any one such area-Person enrolled in more than one electoral roll, neither claiuting to have homes or immovable property or possession of dwelling house in more than one area, nor it was his case that he was a public officer and resided in cantonment area on account of his services--Provisions of Ss. 20 & 27, Electoral Rolls Act, 1974, held, applicable to such person ML D 1984 Quetta 117
Voters' list could not be questioned in an election petition-Petitioner who had challenged election of respondent, not being a contesting candidate, could not maintain election petition.1999 M L D 1533
8. Preliminary publication. -The preliminary electoral rolls prepared under section 6, together with a notice inviting claims and objections and ,applications for corrections, if any, with respect thereto, shall be published .and displayed in such manner and form as may be prescribed.
From provision of section 20 of Electoral Rolls Act, the intention is that after the announcement of the Election Programme, the Electoral Rolls shall not be changed in the interest of honest and fair elections. Section 20, is
thus applicable for the preparation of Roll for the Election of the Cantonments Act, 1924.
Registration Officer while allowing correction of electoral list of cantonment area could only exercise that power in accordance with the provisions of Electoral Rolls Act, 1974. 1988 C L C 533
P L D 1984
Particulars of voters regarding parentage etc. not tallying with particulars as given in the printed list--Particulars disclosed by voters at time of election completely agreeing with the ones as given in the original manuscript of the electoral roll--Presiding Officer, following procedure under R. 35, after asking voters to disclose the name of candidate for whom they wished to vote, put the ballot-papers so issued in a separate packet with the name of said candidate endorsed thereon as "tendered ballot-papers"--Held, identity cards having been produced by voters and otherwise ultimately having found that they were the actual persons according to the original roll described differently in the printed list due to the printing errors and without any fault of such voters, was sufficient to consider voters as genuine voters and there was no occasion to treat their votes as tendered votes—Voters had also declared the candidate for whom they wanted to vote—Case was remanded to the Election Tribunal directing to declare result of election afresh after counting such votes in favour of concerned candidate at an earliest possible time.1987 C L C 1523
1984 C L C 1024; 1984 C L C 572; 1984 C L C 592; 1983 C L C 618; P L D 1958 SC (Pak) 228; and 1984 C L C 1322 ref.
In order to appreciate the controversy it 'is necessary to mention the relevant provisions of the Delimitation of Constituencies Act, 1974 and the Electoral Rolls Act, 1974, S.8(2) of the Delimitation of the Constituencies Act lays down that for the purposes of election to Provincial Assemblies, the Commission shall divide each Province into as may separate territorial constituencies as the number of Muslim seats fixed under paragraph (a) of clause (i) of Article 6 of the Houses of Parliament and Provincial Assemblies (Election) Order, 1977--S. 9 provides that all constituencies for Muslim seats shall be delimited having regard to the distribution of population,
including non-Muslim, in geographically compact areas, existing boundaries of administrative units, facilities of communication and public convenience and other cognate factors to ensure homogeneity in the creation of constituencies.
Subsection (3) of section 10 of the Act provides that the Commission shall after hearing and considering the representation, if, any, received by it, make such amendments, alterations or modifications, the preliminary list published under subsection (1) as it thinks fit or necessary, and shall publish in the official Gazette the final report and list of constituencies showing the areas included in each constituency-S.10-A provides that notwithstanding anything contained in this Act, the Commission may, at any time, of its own motion, make such amendment, alteration or modification in the final list of constituencies published under (subsection (3)) or in the areas included in a constituency, as it thinks necessary.
Sections 8 to 10-A are integrated provisions--They form a complete code by themselves in the matter of delimitation of constituencies for elections of the National Assembly and Provincial Assemblies--It is clear from those provisions that the validity of the delimitation of any constituency or any proceedings taken or anything done by or under the authority of the Commission under this Act shall not be called in question i n any Court.
The provisions of the Electoral Rolls Act, 1974 deal with the preparation and revision of Electoral Rolls for electors to the National and Provincial Assemblies. The provisions contained in S. 6(2) prescribe the qualification for being registered as a voter. The provisions of S. 6(1) provide for preparation of preliminary electoral rolls. The provision of S. 17 provides for revision of electoral rolls. Section 18 provides for correction of entries on the electoral roils--Section 2(2) defines "electoral area" and which reads as under:-
(a) in rural areas, a village; and
(b) in urban areas,
(i) where there is a municipal ward, such ward,
(ii) where there is no municipal ward a well-defined Mohallah or street, and
(iii) where the ward, Mohallah or street is, too, big a well-defined part thereof; or
(c) such other areas as may be determined by the Commissioner.
Sections 7 to 23 of Electoral Rolls Act, 1974 are integrated provisions. They form a complete code by themselves in the manner of preparation and maintenance of electoral rolls. It is clear from these provisions that the entries found in the electoral rolls are final and they are not open to challenge either before civil Court or before a Tribunal which considers the validity of any election. 1986 C L C 1784
Halsbury's Laws of
9. Appointment of Revising Authorities. -The Commissioner shall appoint a Revising Authority for any electoral area or group of electoral areas, for the purpose of receiving and deciding claims, objections and applications for corrections relating thereto.
10. Period for lodging clams and objections. -Every claim for inclusion of a name in the electoral roll, and every objection to, or application for correction of, any entry therein shall be made to the Revising Authority on the prescribed form within a period of twenty‑one days next following the date of the publication of the preliminary electoral rolls under section 8.
Correction in Electoral Roll-Discretionary writ jurisdiction could not have been exercised either in aid of injustice or for the restoration of a wrong entry in Electoral Rolls--High Court's order dismissing writ petition in such a case, upheld by Supreme Court. 1989SCMR99
Under section 15-A of the Cantonments Act, 1924, the Electoral Rolls for the election of the Cantonment Board shall be prepared on the basis of the Electoral Rolls pertaining to that Cantonment prepared under section 4 of the Electoral Rolls, 1974. The responsibility of the Board is to prepare the Rolls for the purpose of the election held under the Act on the
basis of Electoral Rolls Act, 1974. There is no provision in the Act or the Rules by which the Registration Officers are authorised to make any correction or additions and alterations in the Rolls prepared by them. Not only this, but there is no embargo to the Registration Officer not to register such votes.
Section 6 of the Act deals with preparation of preliminary Electoral Rolls containing the name of every person entitled to be enrolled as voter. The draft Rolls are published under section 8 by which objections are invited and under section 10, the Registration officer or Revising Authority has to dispose of such objections within 21 days next to following the date of the publication of the preliminary Electoral Rolls under section 8. There is a provision under section 17 for revision of such Rolls annually and under section 18, any person whose name is not included in the Rolls or any correction is to be sought, can apply to the Registration Officer.
From provision of section 20 of Electoral Rolls Act, the intention is that after the announcement of the Election Programme, the Electoral Rolls shall not be changed in the interest of honest and fair elections. Section 20, is thus applicable for the preparation of Roll for the Election of the Cantonments Act, 1924.
Registration Officer while allowing correction of electoral list of cantonment area could only exercise that power in accordance with the provisions of Electoral Rolls Act, 1974. --> 1988 C L C 533
P L D 1966 (W.P) Kar. 1; P L D 1968 S C 301; 1986 S C M R 392; and (1889) 24 QSD 186 ref.
Petitioner had alleged that his name had been deleted from electoral roll without any notice to him under order of Registration Officer and that no action was being taken by Authority concerned on his application against such deletion-No reason was shown as to why application of petitioner should not have been disposed of in accordance with law. Undertaking having been given on part of Authority that application of petitioner would be decided within one week positively,
1993 C L C 1845
11. Transfer of name from one electoral area to another. -A person may apply for transfer of his name from the electoral roll of one electoral area to the electoral roll of another by filing‑---
a) an objection to the inclusion of his name in the roll in which it has been included, and
b) a claim for the inclusion of his name in the other, with the appropriate Revising Authority or Revising Authorities, if it is preferred before the final publication of the electoral roll under section 16, or with the appropriate Registration Officer or Registration Officers, if it is preferred after such‑final publication.
Court Decisions
Transfer Of Votes
Voter was enrolled in two electoral areas, in one he was actually residing while in other he owned property-Voter asked Revising Authority for retaining his vote in electoral area where he owned property and to delete his name from area where he was residing, but Authority deleted his name from electoral area where he owned property-Voter could lawfully retain his name in one of two electoral areas and for that purpose he could exercise his choice-Voter could legally ask for retaining his vote in area where he owned property-Order passed by Revising Authority ignoring choice of voter, was declared illegal. 1993 M L D 315
Petitioner finding that his name had been entered as voter in voters' list of certain area at L, getting his name removed from that list and requesting that he may be registered as a voter at O where he owned property-Registration Officer, however, refusing petitioner's application on the ground that he was actually residing at L-High Court declining to exercise constitutional jurisdiction on sole ground that the petitioner had not disclosed that he had got his name deleted from the voters list of L with the effect that petitioner and members of his family ceased to be voters at both places-Leave to appeal granted to consider question of law raised by petitioner's counsel that it was not necessary to be enlisted as voter that apart from owning property one should also reside there and that the petitioner was entitled to be registered as a voter at O after removal of his name from the voters' list of at L-Court by an interim order, directed also that petitioner be taken as a voter of Halqa at O subject to other restrictions and prohibitions contained in the relevant law.1988 S C M R 291
Persons originally residents of M and entered as voters in voters list at M, subsequently leaving that place and residing as permanent residents at S have a right to be registered as voters at their new place of residence and on their request that their names be struck off from electoral roll pertaining to place M‑‑Revising Authority not justified in circumstance to refuse registration of persons as voters at place of their new residence at S. P L D 1987 Lah. 486
Power to transfer of name from one electoral area to another can be exercised even where the annual revision had been taken in hand. Section 11, Electoral Rolls Act, 1974 envisages the exercise of powers by two different authorities, namely, Revising Authority and the Registration Officer, at two different points of time. It postulates that if the application is for the transfer of the vote before the publication of the electoral rolls. it shall be made to the Revising Authority, but if it is after the dale of final publication, it shall be addressed to the Registration Officer. This section does not make any mention whatsoever of the proces of annual revision. On the other hand, it provides that power under this section can be exercised at any time, whether before or after the publication of the rolls. Thus, there is no warrant for assuming that when the annual revision has been taken in hand, this power is not available.
But, after its publication under section 16 of the Act, be termed to be "final" and that it remains as such until the commencement of the next annual revision. Obviously there has to be a time when the electoral roll must be scrutinized and under the Act that period is when the electoral roll is revised and corrected under section 17. It is during this period that the electoral rolls is not final as it is under scrutiny. If the roll is deemed as final once it has been finally published under section 16, then the requirement to revise and correct it annually under section 17, a process carried out by the Revising Authority (and not by the Registration Officers) will hardly retain any significance. Similarly, the provisions of section 11 requiring objections/claims to be filed with the Revising Authority if preferred before the final publication of the roll and with the Registration Officer thereafter, will become superfluous, as on this view of the matter there will be no point of time at all when the electoral roll is not final.
Where, Application for inclusion of name in the electoral roll or for transfer of vote from one electoral area to another was submitted during the annual revision-Registration Officer, held, was not competent to entertain such application but such application was entertainable only by the Revising Authority who could do so as he alone was competent, during this period, to include/exclude/correct the names and entries in the electoral roll. P L D 1992 S.C. 342
Correction in Electoral Roll-Discretionary writ
jurisdiction could not have been exercised either in aid of injustice or for
the restoration of a wrong entry in
Double Multiple Enrolment
Petitioner's name was deleted on the ground that his name and that of his proposer, did not appear in electoral roll of electoral unit from which petitioner wished to contest election-Petitioner's and his proposer's name admittedly appeared in relevant electoral roll of electoral unit in question, therefore, impugned order passed by respondent (Autnorny) proceeded on incorrect facts-Rejection of petitioner's nomination papers was thus, based on ground which was contrary to record-Impugned order was, therefore, without lawful authority and of no legal effect-Petitioner's nomination papers having been accepted by Returning Officer and petition against such acceptance having been dismissed by Authority, impugned order of Authority, without issuing notice to petitioner, was violative of principles of natural justice-Respondent's plea that petitioner's name was enrolled as voter in electoral rolls of more than one electoral unit was misconceived-Candidate would not incur any disqualification by reason only of his double or multiple enrolment in electoral list-Constitutional petition had been filed before High Court on specified
date when polling was in progress in constituency in question and respondent had yet to emerge as returned candidate-Petitioner, in fact, had challenged process of election which was being carried on after his illegal ouster therefrom-Constitutional petition against deletion of petitioner's name from list of validly nominated candidate was, thus, maintainable-Authority was directed to hold fresh elections in specified constituency with participation of petitioner as validly nominated candidate. 1999 M L D 244
12. Rejection of claims and objections. -Any claim or objection or application for correction not made within the period specified in section 10 or in :the prescribed manner shall be rejected.
13. Application by the Registration Officer for inclusion of names‑‑The Registration Officer may, within the period mentioned in section 10, apply to the Revising Authority,‑
a) for the inclusion in the electoral roll of the name of any person left out due to inadvertence or the absence of timely information while preparing the preliminary electoral rolls; or
b) for the exclusion of any name from the electoral roll or any correction of clerical, printing or other error which he is himself authorised to make under subsection (2) of section 15.
14. Enquiry into claims and objections, etc. -
I) Except where a claim or, objection or an application for correction is rejected under section 12, or is decided without further inquiry being valid prima facie, the Revising Authority shall, give its decision after holding a summary inquiry into each
claim, objection or application, after giving notice to the parties concerned.
2) Every decision of the Revising Authority under subsection (1) shall be final and be communicated to the appropriate Registration Officer.
Court Decisions
Wrong Decision
Petitioner's name was struck off initially from one serial number and subsequently from other serial number on objection of respondents-Validity-Right of franchise was very sacred right which has been conferred on every citizen of Pakistan with specified qualifications-Petitioner's name from voters' list could not have been deleted altogether; his name was required to be retained at one place or the other in voters' list-Revising Authority in exercise of inherent jurisdiction to correct clerical /inadvertent mistakes; could have recalled its order-Relief in such cases should not be refused by taking hyper-technical view-Objectives Resolution which forms substantive part of Constitution in Art.2A provides that the authority and power of State in Pakistan shall be exercised through the chosen representatives of the people-Order of Revising Authority deleting vote of petitioner from voters' list altogether was declared to be without lawful authority and of no legal effect-Authority was directed to bring back petitioner's name at specified serial number of electoral area in question. 1997 M L D 1810
15. Correction of electoral rolls. -The Registration Officer‑
i) shall correct the electoral roll in accordance with the decisions of the Revising Authority under section 14; and
ii) may further correct any clerical, printing or other error subsequently discovered in the roll, but not so as to include therein, or exclude there from, the name of any elector.
Court Decisions
Voters originally were residing and recorded in Electoral Roll of Deh which was entered after the name
of the respondent-Later on when respondent shifted to an area away from residence of petitioners/voters and petitioners/voters also shifted to Delis or villages which were known after their names, applied for change of address and Authority concerned corrected their addresses according to their respective Delis or villages-On filing application against such change of addresses of petitioners/voters by respondent, Revising Authority cancelled correction of addresses of petitioners/voters -Validity-Petitioners/voters after shifting from Deh owned by respondent had resided in respective Delis where they owned and were in possession of dwelling houses and other immovable properties independently and respective Delis were being recognized after their names-Petitioners/voters would be deemed to be residing at their respective Delis and had every right to get incorporated the addresses of respective Delis where they presently were residing especially when respondent had also shifted from original Deh-Authority, thus, had rightly corrected addresses of petitioners/voters exercising jurisdiction under S.15 of Electoral Rolls Act, 1974 and Revising Authority had no jurisdiction to change actual /corrected addresses of petitioners/voters in the Electoral Roll.
Corrections made in respect of any electoral roll of electoral unit or ward at any time after voters of such electoral unit were called upon to elect its member, held, would not be taken into consideration till member from that electoral unit had actually been elected at polls. 1986 M L D 2781
16. Final publication. -After making additions, deletions, modifications of corrections, if any, under section 15, the Registration Officer shall publish in the prescribed manner and form the final electoral roll for each electoral area.
Court Decisions
Roll when can be termed as "final"
The Roll can, after its publication under section 16 of the Act, be termed to be "final" and that it remains as such until the commencement of the next annual revision. Obviously there has to be a time when the
electoral roll must be scrutinised and under the Act that period is when the electoral roll is revised and corrected under section 17. It is during this period that the electoral rolls is not final as it is under scrutiny. If the roll is deemed as final once it has been finally published under section 16, then the requirement to revise and correct it annually under section 17, a process carried out by the Revising Authority (and not by the Registration Officers) will hardly retain any significance. Similarly, the provisions of section 11 requiring objections/claims to be filed with the Revising Authority if preferred before the final publication of the roll and with the Registration Officer thereafter, will become superfluous, as on this view of the matter there will be no point of time at all when the electoral roll is not final.
Identity Cards
Electors can cast their votes by identifying themselves either through production of identity cards or otherwise proving their identity to the satisfaction of the Presiding Officers-Production of identity card alone cannot be insisted upon. Production of identity cards is hardly likely to lead to fair or free election. Identity Cards of female voters without photographs are no good proof of the identity of the voters. Then thousands upon thousands are eligible to vote without production of identity card through Postal Ballot. In these circumstances to insist that identity card is the only method of proving the identity does not appear to be just or in accordance with the purposes of law of election. The provision of production of identity card is not the only method of proving identity and it can be done otherwise by producing evidence like Passport, identity card issued by the GHQ to armed forces personnel, or departmental identity card, or verification by a responsible person like an official, lambardar or respectable person of the area. If anybody has any objection to the identity, law provides a remedy vide section 35 of the Representation of the People Act, 1976.
The special law dealing with identity cards, relevant laws of election-The Electoral Rolls Act, 1974, The Constitution of Islamic Republic of Pakistan, all allow electors to cast their votes by identifying themselves either through production of Identity Cards or otherwise proving their identity to the satisfaction of the
Presiding Officers. Therefore, production of identity card alone cannot be insisted upon.
Elector is not being allowed to vote by putting a condition of producing Identity Card, over the issuance of which to him he had no control, and no further qualification, condition, limitation or clog can be put on his Constitutional right of franchise by any subordinate legislation. The condition would be violative of the Constitution and ultra vires.
Held, the electors will be entitled to be given ballot papers to cast their votes if they produce Identity Cards issued to them under the National Registration Act, 1973 but if they do not have them, they can produce any other proof about their identity to the satisfaction of the Presiding Officers. If a candidate or his agent objects, the elector may be issued under section 35 of the Representation of the People Act, 1976 what is called "challenged ballot paper". If the elector would be found at fault, the law will have its course. P L D 1989 Lah. 1
1985 S C M R 365; P L D 1988 S C 416; and P L D 1971 S C 61 ref.
17. Annual revision of electoral roll. ‑An electoral roll shall be revised and corrected annually in the prescribed manner and form‑
a) So as to include the name of any qualified person whose name does not appear on such roll,. or
b) So as to delete the name of any person who has died or who is or has become disqualified for enrolment, or
c) For correcting any entry of for supplying any omission in such roll:
Provided that, if, for any reason, the electoral roll for any electoral area is not revised, the validity or continued operation of the electoral roll shall not thereby be affected.
Court Decisions
Electoral Rolls Act, 1974 envisages two different operations. Under section 18, the enrolment and correction is a continuous process but it stands interrupted on two occasions. Firstly, when the constituencies are called upon to elect their representatives, as provided under section 20 and secondly after. commencement of annual revision of electoral rolls under section 17 of the Act.
However, when the process of annual revision under section 17 commences all persons who have attained the age of 21 years on the first of January of the year can claim enrollment. But all such fresh claims for* enrolment and objections thereto have to be filed and adjudicated upon by the Revising Authority (within the periods specified under section 10, 11 and 14 of the Act) and during this process the provisions of sections 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 and 16 are attracted.
Thus, the process under section 17 stands on an entirely different footing to the process of enrolment of names visualised under section 18 of the Act. A close scrutiny of all the provisions shows that concurrent operation of the two processes to be carried out by two different authorities is not the intent of law and to permit both the authorities to act concurrently would result in confusion and distortion of the electoral rolls and impair the fairness of the elections.
While annual revision under section 17 of the Electoral Rolls Act, 1974 is in progress of any objection/claim in respect of transfer of name from one electoral roll to another are required under section 1 of the Act to be filed before the Revising Authority, if preferred before the final publication of the electoral rolls. On the other hand, if such objections/claims are filed after the final publication of the electoral rolls, the Registration Officer concerned will pass necessary orders . The powers of the Registration Officers under sections 11 and 18 are resorted only after final publication of the electoral rolls. Any other interpretation will give rise to anomalous situations. Thus, while the Revising Authority is empowered under section 14' to decide any claim/objection to the electoral rolls, in proceedings under section 18 the Registration Officer is authorised to enrol/correct the names therein. Now, if the Revising
Authority orders deletion of the name of a person from the rolls, but section 18 is concurrently operative, the Registration Officer will still be authorised to include the name of that person in the electoral roll. This clash
of authority of the two officers is bound to produce deleterious results and vitiate the sanctity of the electoral rolls. Correctly updated and authentic electoral rolls being absolutely essential for holding free, fair and impartial general or local council elections, the operation of sections 17 and 18 concurrently is bound to affect the accuracy of the electoral rolls and ultimately the fairness of the election. Similarly, the District Election Officer's who are required to implement the orders of the Registration Officers and the Revising Authorities will be at a loss to properly discharge their duties, arising out of two divergent orders being issued in respect of the same entry. It was for this reason that operation of sections 17 and 18 is meant to be operative at different times and it is for this reason that the heading of section 18 reads as "Enrolment and correction at a time other than the annual revision" and the said heading cannot be regarded as entirely without significance.
The Roll can, after its publication under section 16 of the Act, be termed to be "final" and that it remains as such until the commencement of the next annual revision. Obviously there has to be a time when the electoral roll must be scrutinised and under the Act that period is when the electoral roll is revised and corrected under section 17. It is during this period that the electoral rolls is not final as it is under scrutiny. If the roll is deemed as final once it has been finally published under section 16, then the requirement to revise and correct it annually under section 17, a process carried out by the Revising Authority (and not by the Registration Officers) will hardly retain any significance. Similarly, the provisions of section 11 requiring objections/claims to be filed with the Revising Authority if preferred before the final publication of the roll and with the Registration Officer thereafter, will become superfluous, as on this view of the matter there will be no point of time at all when the electoral roll is not final.
18. Enrolment and correction at a time other than the annual revision.
1) Any person whose name is not included in an electoral roll for the time being in force and who claims that he was or
is entitled to be enrolled on that roll may apply to the appropriate Registration Officer for the inclusion of his name therein, and if the Registration Officer is satisfied after giving such notice and making such inquiry as he may consider necessary that the applicant was or is entitled to have his name enrolled, he shall for the purpose of further correcting the roll insert the name of such person in that roll;
[Provided that if the name of applicant is already included in the electoral roll of any other electoral area of the same district or any other district, the Registration officer shall strike off his name from the roll of that other electoral area of the same district and inform the Registration Officer of other district who shall, on receipt of the information, strike off the name of the applicant from that roll;]1
2) Any person may apply to the Registration Officer for the correction of any entry in an electoral roll for the time being in force; and
a) if the entry relates to the applicant and the Registration Officer is satisfied after giving such notice and making such inquiry as be may consider necessary that the entry relates to the applicant and is erroneous or defective in any particular, he shall correct the roll accordingly; and
b) if the entry does not relate to the applicant and the Registration Officer is satisfied after giving notice to the person to whom the entry relates and after making such inquiry as he may consider necessary that the entry is erroneous or defective or should be deleted, he shall correct the electoral roll accordingly.
[(3) Where the Registration Officer rejects application made under subsection (1) or subsection (2), he shall record in writing brief reasons of his decision.]2
[(4) A person aggrieved by the order of the Registration Officer made under subsection (1) or subsection (2) may, with in thirty days of such order, appeal to the appellate authority to be appointed by the Commissioner and the decision of such authority given there on shall be final.]3
Legal Amendments
1. Proviso to sub section 1 was added by Electoral Rolls (Amendment) Ordinance, 2000 Ord, LI of 2000
2. sub section 3 was added by Electoral Rolls (Amendment) Ordinance, 2000 Ord, LI of 2000
3. sub section 4 was added by Electoral Rolls (Amendment) Ordinance, 2000 Ord, LI of 2000
Court Decisions
Filing of application of a person otherwise entitled to be enrolled in the electoral roll is not prohibited during the time of annual revision. So far as inclusion of names in the electoral rolls for the time being is concerned, section 18 vests a right in a person, otherwise entitled to be enrolled as a voter, to file an application to have his name included in the electoral rolls. There is nothing in the body of this section which
prohibits the filing of an application during the time of annual revision.P L D 1992 Supreme Court 342
Correction in electoral roll
Father's name of candidate wrongly entered into electoral roll-Registration Officer has jurisdiction under S.18 of the Act to make correction in relevant entry if same was found by him erroneous or defective in any particular.1988 C L C 2244
Finality, held, was attached to such entries as regards right to vote but no such finality would attach for determining eligibility of candidate or member to elected office.
P L D 1969 S C 5 ; 1980 S C M R 548 ; P L D 1967 Kar. 104 ; 1984 C L C 2296 and 1984 C L C 572 ref.
Name of candidate misprinted and corrected by Registration Officer in Cantonment `Board in 1979 but said correction not carried over in electoral roll prepared in 1983-Apart from entry, evidence aliunde confirming candidate's assertion about misprinting of his nameMistake of Cantonment Board, held, cannot be allowed to defeat right of petitioner to have his nomination papers accepted.1984 C L C 592
19. Preparation of rolls afresh. -If the Commissioner, on account of any gross error or irregularity in or in the preparation of an electoral roll for any electoral area or a part thereof, considers it necessary so to do, he may by order direct that the roll for such area or part shall stand cancelled and that a fresh electoral roll for that area or part be prepared in accordance with the provisions of this Act.
20. No correction to be made after constituency called upon to elect. - No revision or correction of any electoral roll for an electoral area shall be made nor shall any order under section 19 be made in respect of any electoral roll at any time after the constituency of which such electoral area forms part has been called upon to elect its representative and before such representative has been elected.
21. Maintenance of electoral rolls. -An electoral roll as revised and corrected shall be maintained in the prescribed manner and shall be kept open to public inspection; and copies of such roll shall be supplied to any person applying therefore, on payment of such fee as may be prescribed.
Court Decisions
Census
Holding of fresh census not a condition precedent for holding of general election-Legislature having provided a comprehensive procedure and machinery for updating the electoral rolls, census was not a condition precedent for the preparation or revision of electoral rolls.P L D 1998 Lah. 491
PLD 1998 SC 161; 1993 SCMR 882; PLD 1988 Lah. 725, PLD 1989 SC 166; 1985 SCMR 729; PLD 1996 SC 324; PLD 1994 SC 894; AIR 1971 SC 530; PLD 1993 SC 473; PLD 1992 SC 492; PLD 1992 Lah. 34; PLD 1992 SC 342; PLD 1978 SC 190; PLD 1982 Lah. 217; ref.
Particulars of voters regarding parentage etc. not tallying with particulars as given in the printed list-Particulars disclosed by voters at time of election completely agreeing with the ones as given in the original manuscript of the electoral roll-Presiding Officer, following procedure under R. 35, after asking voters to disclose the name of candidate for whom they wished to vote, put the ballot-papers so issued in a separate packet with the name of said candidate endorsed thereon as "tendered ballot-papers"-Held, identity cards having been produced by voters and otherwise ultimately having found that they were the actual persons according to the original roll described differently in the printed list due to the printing errors and without any fault of such voters, was sufficient to consider voters as genuine voters and there was no occasion to treat their votes as tendered votes—Voters had also declared the candidate for whom they wanted to vote—Case was remanded to the Election Tribunal directing to declare result of election afresh after counting such votes in favour of concerned candidate at an earliest possible time.
1984 C L C 572; 1984 C L C 592; 1983 C L C 618; P L D 1967 S C 466; P L D 1966 (W.P.) Lah. 669 and 1984 C L C 1322 ref.
22. Departure from normal procedure in exceptional circumstances. - Where the Commissioner is satisfied that it is not possible to follow the procedure laid down for the preparation of an electoral roll in respect of any electoral area, he may direct that an electoral roll for such electoral area shall be prepared in such manner as he deems fit.
23. Duration of the electoral rolls. - The electoral roll for any electoral area prepared under this Act shall come into force immediately upon its final publication and shall remain in force until revised.
24. Access to register of births and deaths, etc.
1) The person in charge of any register of births and deaths and any authority to whom an application for registration is to be made under the [National Data Base and Registration Authority Ordinance, 2000 (VIII of 2000),]1 shall at the request of a Registration Officer furnish him with such information, including extracts from such register or, as the case may be, application, as may be necessary for the purposes of this Act.
2) Subsection (1) shall have effect notwithstanding anything contained in section [28 of the National Data Base And Registration Authority Ordinance, 2000 (VIII of 2000),]2 and no person who furnishes any information to a Registration Officer in pursuance of the said subsection shall be liable to any punishment.
Legal Amendments
1. Sub section 1 was amended by Electoral Rolls (Amendment) Ordinance, 2000 LI of 2000. The Original sub section 1 was as under.
(1) The person in charge of any register of births and deaths and any authority to whom an application for registration is to be made under the National Registration Act, 1973 (LVI of 1973), shall at the request of a Registration Officer furnish him with such information, including extracts from such register or, as the case may be, application, as may be necessary for the purposes of this Act.
2. Sub section 2 was amended by Electoral Rolls (Amendment) Ordinance, 2000 LI of 2000.
25. No person to be enrolled more than once or in more than one electoral area. –
No person shall be enrolled‑
a) on the electoral roll for any electoral area more than once; or
b) on the electoral rolls for more than one electoral area.
Court Decisions
Person enrolled an electoral rolls for more than one electoral areas-Not disqualified to vote or to contest election from any one of such electoral areas.
Nomination papers of petitioner was dismissed by Election Authority-Election Authority, however, on .basis of miscellaneous application, without issuing any notice to- petitioner 'ordered rejection of petitioner's nomination papers and deleting his name from list of validly nominated candidates--Validity-Petitioner's name was deleted on the ground that his name and that of his proposer, did not appear in electoral roll of electoral unit from which petitioner wished to contest election-Petitioner's and his proposer's name admittedly appeared in relevant electoral roll of electoral unit in question, therefore, impugned order passed by respondent (Autnorny) proceeded on incorrect facts-Rejection of petitioner's nomination papers was thus, based on ground which was contrary to record-Impugned order was, therefore, without lawful authority and of no legal effect-Petitioner's nomination papers having been accepted by Returning Officer and petition against such acceptance having been dismissed by Authority, impugned order of Authority, without issuing notice to petitioner, was violative of principles of natural justice-Respondent's plea that petitioner's name was enrolled as voter in electoral rolls of more than one electoral unit was misconceived-Candidate would not incur any disqualification by reason only of his double or multiple enrolment in electoral list-Constitutional petition had been filed before High Court on specified date when polling was in progress in constituency in question and respondent had yet to emerge as returned candidate-Petitioner, in fact, had challenged process of election which was being carried on after his illegal ouster therefrom-Constitutional petition against deletion of petitioner's name from list of validly nominated candidate was, thus, maintainable-Authority was directed to hold fresh elections in specified constituency with participation of petitioner as validly nominated candidate. 1999 M L D 244
26. Validity of electoral rolls, etc., not affected by reason of any mistake. -An electoral roll shall not be invalid by reason of any mis-description of a person enrolled thereon or of omission of the name of any person entitled to be so enrolled or of inclusion of the name of any person not so entitled.
Court Decisions
Validity
Electoral roll as prepared, revised and maintained, held, would be binding on Tribunal except for personal statutory disqualification, which could disentitle elector from casting vote, or contesting election--Entries in electoral roll could not be challenged in election petition. 1986 C L C 1386
P L D 1958 S C (Pak.) 228; 1982 S C M R 307; P L D 1969 S C 5; 1980 S C M R 548 and (1874) L R C 734 (9 L R C 734) ref.
Mistake
Name of candidate misprinted and corrected by Registration Officer in Cantonment `Board in 1979 but said correction not carried over in electoral roll prepared in 1983-Apart from entry, evidence aliunde confirming candidate's assertion about misprinting of his nameMistake of Cantonment Board, held, cannot be allowed to defeat right of petitioner to have his nomination papers accepted. 1984 C L C 592
27. Commissioner's power to include a name in an electoral roll. -Subject to section 20 the Commissioner may, at any time, order‑
a) The inclusion in an electoral roll of the name of any person entitled to be enrolled on such electoral roll, and such name shall, from the date of such order, form part of the electoral roll;
b) The exclusion from an electoral roll of the name of any person who has died or has become disqualified to be a voter, and such name shall, from the date of such order, stand excluded from that roll; and
c) The removal of the name of any person from an electoral roll where such removal becomes necessary due to the repetition of the name in the same electoral roll or in the electoral rolls of more than one electoral area.
Court Decisions
Commissioner’s Power
Repetitton of candidate's name in electoral rolls of more than one electoral area viz. city as well as cantonment-Commissioner, or his delegatee, if such delegation was permissible under Rules, could only order removal of name of such person from electoral area subject to S. 20, Electoral Rolls Act, 1974-On announcement of election schedule when elections for city wards were held candidate's name was found entered at two places-Candidate possessed National Identity Card showing his residence in City area-Candidate could have utilized his vote for city ward election-Rival candidate filing affidavit alleging therein that other person utilized vote and participated in Municipal election-Controversy, held, could not be resolved by High Court to Constitutional jurisdiction on scanty material furnished before High Court in summary procedure-Candidate in" circumstances, could only exonerate himself before Election Authority in election petition.
P L D 1984
Objection
Such electoral roll as prepared, revised and maintained, held, would be binding on Tribunal except for personal statutory disqualifications which could disentitle elector from casting vote or contesting election-Entries in electoral roll could not be challenged in election petition. 1986 C L C 1386
1982 S C M R 307; P L D 1969 S C 5; 1980 S C M R 548 and (1874) L R C 734 (9 L R C 734) ref.
Registration After Schedule
Registration of petitioner as fresh voter before announcement of schedule-Petitioner's name was, however, not formally registered by Deputy Commissioner on account of such registration having reached his office after announcement of schedule-Validity-Schedule of election having been announced and date for filing nomination papers having been fixed and no time having been left, statutory remedy of revision before Commissioner was inadequate-Even otherwise, rule of alternate remedy was rule of convenience, its violation in such-like cases could be ignored-Impugned action of Authority in not including name of petitioner in specific voters' list was declared to be without lawful authority and of no legal effect-Petitioner's name was directed to be included immediately in voters' list of specified area.1999CLC79
28. Power to make rules. -The Commissioner may, with the approval f the President and by notification in the official Gazette, make rules for carrying out the purposes of this Act.
29. Bar of jurisdiction. - No Court shall question the validity of the electoral rolls prepared or revised under this Act or the legality or propriety of any proceedings or action taken thereunder by or under the authority of the commissioner or a Registration Officer.
Court Decisions
Electoral roll-Competency to challenge validity-Election Tribunal in election petition could competently go into question of correctness or otherwise of electoral roll to see whether same had materially affected results of election.
Election Tribunal cannot look into ground of transfer of vote-Order passed by election Tribunal on wrong assumption of law, i. e. that Tribunal could look into ground of transfer of vote, set aside being unlawful. 1984 C L C 1322
1[30. Breach of Official duty. - Where a Registration Officer, an Assistant Registration Officer or any other person appointed in connection with official duty under this Act, wilfully or without reasonable cause, commits breach of official duty by any act or omission, the Commissioner may suspend such officer or person and initiate proceedings against him and refer the case alongwith statement of allegations to the Federal Government where such officer or person is serving under the Federal government and in other cases the Provincial Government.]1
Legal Amendment
1. Section 30 was added by the Electoral Rolls (Amendment) Ordinance, 2000 LI of 2000.
1[31. Certain offences triable by Registration Officer. – Not withstanding anything contained in the Code of Criminal Procedure, 1898 (Act V of 1898), the Registration Officer, if so authorized by the Commissioner in this behalf, may ----
a) exercise the powers of a Magistrate of the first class under the said Code in respect of the offences punishable under sections 172, 173, 174, 175, 177, 178, 179, 180, 182, 186, 187, 188, 189, 191, 196, 197, 198, 199, 200, 464 and 471 of the Pakistan Penal Code, 1860 (Act XLV of 1860); and
b) take cognizance of any such offence and shall try it summarily in accordance with the provisions of Code of Criminal Procedure, 1898 (Act V of 1898), relating to summary trials.]1
Legal Amendment
1. Section 31 was added by the Electoral
Rolls (Amendment) Ordinance, 2000 LI of 2000
Electoral Rolls Act, 1974
[Gazette of
No. F. 1(16)/2004-Cord., dated 15-2-2004.—In continuation of Notification No. F. 1(2)/2003 Cord., Dated the 31st January, 2004 and pursuant to the decision taken by the Federal Government on 11th February, 2004 that the oath/Declaration as to the belief about the absolute and unqualified finality of the prophethood of Hazrat Muhammad (Peace be upon him) for Muslim voters and separate Forms both for Muslim and non-Muslim voters as were in vogue since 1978, may be prescribed for annual revision of electoral rolls and separate lists be prepared for Muslim voters and Ahmadi/quadiani voters as a result thereof, the chief Election commissioner, in exercise of the powers conferred upon him under Article 219(a) of the Constitution, Section 4 and Section 28(2) of the Electoral Rolls Act, 1974 and all other powers enabling him in that behalf, is pleased to decide that:
(i) The status of persons belonging to the quadiani Group or the Lahori Group (who call themselves ‘Ahmadis’ or by any other name) shall remain unchanged as provided in the constitution of the Islamic Republic of Pakistan.
(ii) Form-IV for Muslim voters containing oath/Declaration as the belief about the absolute and unqualified finality of the Prophethood of Hazrat Muhammad (Peace Be Upon Him) as well as Form-X for non-Muslim voters prescribed under Rule 9 of the Electoral Rolls Rules, 1974 shall stand restored with immediate effect.
(iii) Forms-iv already filed by Muslim voters pursuant to the programmer announced on the 30th December, 2003 for revision of electoral rolls, 2004 shall be treated to be validly filed if these are accompanied by the aforesaid oath/Declaration and shall be processed by the Revising Authorities accordingly.
(iv) Muslim voters, who have filed forms-IV without the aforesaid Oath/Declaration pursuant to the programme for annual Revision of Electoral Rolls, 2004 announced on the 30th December, 2003 shall submit the aforesaid oath/Declaration, as to the absolute and unqualified finality of the prophethood of Hazrat Muhammad (Peace Be upon Him).
(v) Separate lists for Muslim voters and non-Muslim voters shall be prepared as a result of annual Revision of Electoral Rolls, 2004.
(vi) Time for filing Claims, Objections and Applications for corrections is extended up to 14th April, 2004.
(vii) The Revising Authorities may dispose of Claims, objections and Applications simultaneously but not later than 30th April, 2004.
By order of the
Chief Election Commissioner of
Go to Index | LL. B. – I | LL. B. – II | LL. B. – III | LL. B. Directory | Home