Section 28: Section 28 – Electoral Rolls for Local Authorities' Constituencies

Overview

Section 28 of the Representation of the People Act, 1950, specifically addresses the creation and composition of electoral rolls for constituencies representing local authorities – like municipalities, panchayats, and district councils – that elect members to State Legislative Councils. Unlike general elections which are based on citizen registration, these rolls are comprised of elected members of these local bodies.

Key Provisions

• Electors are Members, Not Citizens: This section establishes that the electoral roll consists of persons registered as voters in the local authority (municipality, panchayat, etc.), and not individual citizens directly. The focus is on representation *by* local body members.
• State Law Specifies Bodies: The specific types of local bodies whose members qualify for inclusion in the electoral roll are determined by the laws of each individual state.
• Representative-Based Roll: The electoral roll is fundamentally different from those used for Lok Sabha or State Assembly elections, as it’s based on membership in local bodies, not direct citizenship.

Impact on Voters and Electoral Rolls

This section significantly impacts how Members of Legislative Councils (MLCs) are elected from Local Authorities’ Constituencies. It means that the voters are not the general public, but the elected representatives of local self-government. The structure of the electoral roll directly reflects the composition of these local bodies. Changes in the membership of these local bodies (due to elections or resignations) will directly affect the electoral roll for MLC elections.

Practical Examples

• Example 1: Panchayat Elections & MLC Roll – After a Panchayat election in a district, the newly elected Sarpanchs and Ward Members automatically become the voters for the MLC constituency representing Panchayats in that district. Their names are added to the electoral roll.
• Example 2: Municipality Merger & Roll Update – If two municipalities merge into a single entity, the electoral roll for the MLC constituency representing municipalities needs to be updated to reflect the new, combined municipality and its elected representatives. Representatives from the dissolved municipalities cease to be voters, while those from the merged entity are included.

Related Sections / Rules

This section works closely with Section 27 (Electoral rolls for territorial constituencies) to differentiate between citizen-based and representative-based rolls. The Registration of Electors Rules, 1962, particularly those relating to the preparation and revision of electoral rolls, provide the procedural framework for implementing Section 28, although adapted for the specific context of local authority members. Section 93 dealing with disputes regarding electoral rolls may also be relevant.