Section 32: Section 32 – Offence of Breach of Official Duty in Connection with Electoral Rolls

Overview

Section 32 of the Representation of the People Act, 1950, focuses on maintaining the integrity of electoral rolls. It specifically addresses misconduct by officials responsible for creating, updating, and safeguarding these crucial lists of voters. This section ensures that the process of voter registration and roll maintenance is fair and free from manipulation.

Key Provisions

• Criminalizes Official Misconduct: This section makes it a punishable offence for Electoral Registration Officers (EROs), Assistant Electoral Registration Officers (AEROs), Booth Level Officers (BLOs), and other designated officials to wilfully violate the rules governing electoral rolls.
• Specific Violations: Violations include wrongful deletion of names, failing to properly verify voter information, deliberately altering entries, or any other act that compromises the accuracy and fairness of the electoral roll.
• 'Wilfully' is Key: The law requires proof that the official acted *wilfully* – meaning intentionally and knowingly – in breaching their duty. Honest mistakes are not covered under this section.

Impact on Voters and Electoral Rolls

Section 32 directly protects the rights of citizens to participate in the electoral process. By holding officials accountable for their actions, it ensures that electoral rolls are accurate and reflect the true list of eligible voters. This prevents unfair exclusion of voters and safeguards the democratic process. A properly maintained electoral roll is fundamental to fair elections and the accurate representation of the people’s will.

Practical Examples

• Example 1: A BLO deliberately removes the names of voters known to support a particular political party from the electoral roll without any valid reason. This is a clear violation of Section 32, as it’s a wilful act to manipulate the voter list.
• Example 2: An ERO receives complaints about discrepancies in the electoral roll but intentionally delays investigating them before the election date, knowing this could affect voter eligibility. While not a direct deletion, this deliberate inaction and failure to fulfil their duty could be considered a breach under Section 32, depending on the specific circumstances and evidence of intent.

Related Sections / Rules

Section 32 often works in conjunction with other sections of the Representation of the People Act, 1950, and the Registration of Electors Rules, 1960. Specifically, Section 28 (regarding application for registration) and Section 30 (regarding claims and objections) are closely linked, as breaches of duty related to handling claims and objections would fall under Section 32. The Registration of Electors Rules, 1960, provide detailed procedures for electoral roll preparation and revision, and any wilful violation of these rules by an official can trigger prosecution under Section 32.