(1) For every ward
there shall be an electoral roll prepared, revised, modified, updated
and published in the prescribed manner by an Electoral
Registration Officer who shall be such officer of the State
Government or a local authority as the State Election Commission
may, in consultation with the State Government, designate or
nominate in this behalf.
(2) The Electoral Registration Officer may, subject to any
prescribed restrictions, employ such persons as he thinks fit for the
preparation and revision of the electoral roll for each ward.
(3) The State Election Commission may appoint one or
more persons as Assistant Electoral Registration Officers to assist
any Electoral Registration Officer in the performance of his
functions.
(4) Every Assistant Electoral Registration Officer shall,
subject to the control of the Electoral Registration Officer, be
competent to perform all or any of the functions of the Electoral
Registration Officer.
(5) Subject to the provisions of section 14, every person who-
(a) is not less than eighteen years of age on the
qualifying date, and
(b) is ordinarily resident in a ward of the
Municipality,
shall be entitled to be registered in the electoral roll for that ward.
Explanation.- (i) A person shall not be deemed to be
ordinarily resident in a ward on the ground only that he owns, or is
in possession of, a dwelling house therein.
(ii) A person absenting himself temporarily from his place
of ordinary residence shall not, by reason thereof, cease to be
ordinarily resident therein.
(iii) A person who is a patient in any establishment,
maintained wholly or mainly for the reception and treatment of
persons suffering from mental illness or mental defectiveness or
any other illness involving long treatment or who is detained in
prison or other legal custody at any place or residing in a hostel for
study or residing in a hotel etc. as a casual visitor shall not, by
reason thereof, be deemed to be ordinary resident therein.
(iv) If in any case a question arises as to where a person is
ordinarily resident at any relevant time, the same shall be
determined with reference to all the relevant facts of the case and
in accordance with such rules as may be made in this behalf by the
State Government.
(v) A member of Parliament or the State Legislature shall
not, during the term of his office, ceased to be ordinarily resident
in the ward in the electoral roll of which he is registered as an
elector at the time of his election as such member, by reason of his
absence from that ward in connection with his duties as such
member.
(vi) Qualifying date, for the purpose of this section,
means the first day of January of the year in which electoral roll is
so prepared or revised.
(6) No person shall be entitled to be registered in the
electoral roll for more than one ward.
(7) No person shall be entitled to be registered in an
electoral roll more than once.
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