Section 26: Section 26 – Electoral Roll for Council Constituencies

Overview

Section 26 of the Representation of the People Act, 1950, deals specifically with the creation of voter lists (electoral rolls) for seats in the Legislative Council – the upper house of state legislatures in states that have one. These rolls are different from the lists used for electing Members of the Legislative Assembly (MLAs) because the people who can vote for Council seats are chosen from specific groups, like teachers, graduates, or representatives of local bodies.

Key Provisions

• Separate Rolls: This section mandates that a separate electoral roll must be prepared for each Legislative Council constituency. This means there isn’t one single list for all Council seats; each seat has its own voter list.
• Specific Qualifications: The electoral roll only includes people who meet the qualifications for that particular Council constituency. For example, a constituency for teachers will only include registered teachers.
• Distinct from Assembly Rolls: The section clearly states that these rolls are separate and distinct from the electoral rolls used for electing Members of the Legislative Assembly (MLAs).

Impact on Voters and Electoral Rolls

Section 26 ensures that the Legislative Council is represented by individuals chosen by specific segments of society. It affects citizens by determining who is eligible to vote in Council elections based on their profession or representation. The structure of constituencies is also impacted as each constituency is defined by the specific group of voters it represents (e.g., graduates, teachers, local authorities). This section is fundamental to the entire process of creating and maintaining accurate voter lists for the Legislative Council.

Practical Examples

• Example 1: Teacher Constituency – In a Legislative Council constituency reserved for teachers, only individuals registered as teachers with recognized educational institutions will be included in the electoral roll. A general voter who is not a teacher cannot vote in this constituency.
• Example 2: Local Authorities Constituency – If a constituency represents local authorities, the electoral roll will consist of elected members of municipalities, district councils, and other local governing bodies within that constituency. A citizen who is *not* an elected representative of a local authority cannot register to vote in this constituency, even if they are a registered voter for MLA elections.

Related Sections / Rules

This section works closely with other parts of the Representation of the People Act, 1950, and the Registration of Electors Rules, 1960. Specifically, Section 27 deals with the preparation of electoral rolls for registered graduates and other specified classes of persons. The Registration of Electors Rules, 1960 provide detailed procedures for registering voters in these specialized constituencies, including the forms to be used and the process for verifying qualifications.