Section 16: Section 16 – Disqualifications for Registration in an Electoral Roll

Overview

Section 16 of the Representation of the People Act, 1950 deals with who is not eligible to be registered as a voter. It outlines the specific reasons why a person can be disqualified from having their name included in the electoral roll for an Assembly constituency. This is a crucial part of ensuring fair and accurate voter lists.

Key Provisions

• Citizenship: Only citizens of India are eligible for registration. Non-citizens cannot be registered as voters.
• Soundness of Mind: Individuals declared by a competent court to be of unsound mind are disqualified. This ensures voters can understand the process and make informed decisions.
• Criminal Disqualifications: People convicted of certain offences, particularly those related to corrupt practices in elections or other offences under election law, can be disqualified.

Impact on Voters and Electoral Rolls

This section directly impacts the accuracy and integrity of electoral rolls. During Summary Revision (SIR), Booth Level Officers (BLOs) and Electoral Registration Officers (EROs) rely on Section 16 to identify and remove names of ineligible individuals from the voter list. This ensures that only eligible citizens can participate in the democratic process. A clean electoral roll is fundamental to free and fair elections.

Practical Examples

• Example 1: Mr. Sharma is a citizen of Canada. He resides in Delhi but cannot register as a voter in India because he is not an Indian citizen.
• Example 2: Ms. Verma was convicted of bribing voters during a previous election and sentenced to imprisonment. She is disqualified from being registered as a voter for a period specified by law, even after completing her sentence.

Related Sections / Rules

Section 16 works closely with several other provisions. Section 5 of the RPA 1950 defines who is qualified to be registered as a voter (essentially the opposite of Section 16). Registration of Electors Rules, 1962, particularly Rule 26, details the process for dealing with objections to voter registration, which often relate to disqualifications under Section 16. Section 11 deals with claims and objections and is frequently used in conjunction with Section 16 during electoral roll revision.