Provisions of the Enrolment of the Overseas Electors


Who Is an overseas elector?-

1.Provisions for registration of oversees electors in electoral roll have been made in the Representation of the People (Amendment) Acts 2010 (Annexure 11.1) -

i.By the Representation of the People (Amendment) Act, 2010, Section 20A, has been added after Section 20 in Representation of the People Act, 1950. This reads as follows:

20A,(1) Notwithstanding anything contained in this Act, evety citizen of India,-

(a) whose name is not included in the electoral roll;

(b) who has not acquired the citizenship of any other country; and

(c) Who is absenting from his place of ordinary residence in India owing to his employment, education or otherwise outside India (whether temporarily or not)

Shall be entitled to have his name registered in the electoral roll in the constituency in which his place of residence in India as mentioned in his passport is located.

(2) The time within which the name of persons referred to in sub­ section (I) shall be registered in the electoral roll and the manner and procedure for registering of a person in the electoral roll under sub-section (1) shall be such as may be prescribed.

(3) Every person registered under this section shall, if otherwise eligible to exercise his franchise, be allowed to vote at an election in the constituency

Manner and procedure of registration of overseas electors:

2. Manner and procedure of registration of overseas electors has been prescribed by the Registration of Electors (Amendment) Rules. 2011, notified by the Ministry of Law and Justice, Legislative Department, Government of India vide notification No. F.No, H-7(l8)198, - Leg,iI (Vot,TV) (Annexure 112).

3. (i) According to Rule 8A of Registration of Electors Rules, 1960 application for registeration as Overseas Electors has been made.ta ERO in Form 6A.

a. The application can be made either in person to the ERO or sent to him by Post.

b. If the application is made in person, the applicant will bring his passport and other relevant documents and present it to the ERO. The ERO shall keep copies of relevant pages of the passport in the case file after due verification and attestation and return the passport to the applicant.

             c. If the application is made by post it has to be accompanied by copies of all the documents mentioned in Form 6A duly self attested by the applicant concerned.

(ii) In order to facilitate the NRIs and improve their enrolment in the electoral rolls, Form 6A shall he distributed among the family members of overseas electors, residing in India, through the Booth Level Officer (BLO) in the area assigned to him/her. Since BLOs are acquainted with the area assigned to them, they may be asked to prepare a list of such households in their area in which member(s) of the family reside(s) abroad. The name of Assembly Constituency and the postal address of the PRO should be filled up in Form 6A by the BLO before its distribution. BLO may be advised to request the member of such households before giving Form 6A to send the same to the member of his/her family living abroad for sending it back to the PRO to the address already provided in Form. PLO may be kept abreast of the rules and regulations for the registration of overseas electors properly so that they can give suitable reply to the queries/doubts raised by any person at the time of distribution of Form 6A

4.Procedure of PRO on receiving application in form 6A -

a.EROs have to keep a separate register for applications received in Form 6A, All applications received in Form ciA should be entered in this register.

b. A list of all claims and objections with respect to overseas electors should be published by the ERO in Format 9A on a weekly basis every Friday on the notice board of the ERO and also in the official gazette of the State. A copy of the official gazette should be published immediately on the website of the CEO.

C, The ERO shall ask the BLO concerned to Visit the home address mentioned in the passport of the overseas electors. The BLO shall ask relatives of the applicant, if any, to verify the self-attested copies of documents and give a declaration (Annexure 11.3) to this effect. In those cases, where no relatives are available or relatives are not willing to give the declaration for verification of documents or the ERO is not satisfied with verification of documents by relatives, documents will be sent for verification to the concerned Indian Mission in the foreign country where the applicant resides.

Embassy of India Vienna, Austria