Section 35: Section 35 – Conspiracy to Commit Offences Against Electoral Rolls

Overview

Section 35 of the Representation of the People Act, 1950, deals with preventing deliberate attempts to manipulate electoral rolls. It focuses on punishing those who *plan* illegal activities related to voter lists, not just those who carry them out. This is crucial for ensuring the accuracy and fairness of elections by protecting the integrity of who is eligible to vote.

Key Provisions

• This section makes it a crime to conspire with others to commit offences related to electoral rolls. This means agreeing with someone else to do something illegal concerning voter registration or the voter list.
• The conspiracy can involve various illegal acts, such as fraudulently registering people, making baseless objections to valid registrations, getting people to lie during the registration process, or tampering with electoral roll data.
• The punishment for conspiracy is the same as the punishment for actually *committing* the offence related to the electoral roll.

Impact on Voters and Electoral Rolls

Section 35 directly protects the rights of legitimate voters and the accuracy of electoral rolls. By criminalizing the planning of fraudulent activities, it discourages attempts to unfairly influence election outcomes through manipulation of voter lists. This ensures that only eligible citizens are registered to vote and that the electoral roll accurately reflects the electorate. A clean and accurate roll is fundamental to free and fair elections.

Practical Examples

• Example 1: A group of political workers agrees to pay people to register to vote in multiple constituencies using fake addresses. Even if they haven't successfully registered anyone yet, they are committing an offence under Section 35 because they have *conspired* to commit electoral fraud.
• Example 2: A local politician instructs their supporters to file mass objections against voters known to support an opposing party, without any legitimate reason. The supporters begin preparing the objection forms. Even before the objections are formally submitted, the politician and supporters are potentially liable under Section 35, as they are conspiring to illegally obstruct voters from exercising their right to vote.

Related Sections / Rules

Section 35 often works in conjunction with other sections of the Representation of the People Act, 1950, such as Section 17 (which deals with illegal registration), Section 20 (relating to improper inclusion of names in electoral rolls), and Section 21 (false statements). The Registration of Electors Rules, 1962, also provide detailed procedures for voter registration and objection handling, and violations of these rules can form the basis of a conspiracy under Section 35.