General Elections to the Legislative Assemblies of Nagaland – Identification of electors in polling stations

February 17, 2018 141 Views No Comment

Section 61 of the Representation of the People Act, 1951 provides that with a view to preventing impersonation of electors, so as to make the right of genuine electors to vote under section 62 of that Act more effective, provisions may be made by rules under that Act for use of Electors Photo Identity Card for electors as the means of establishing their identify at the time of polling; and

Rule 28 of the Registration of Electors Rules. 1960, empowers the Election Commission to direct, with a view to preventing impersonation of electors and facilitating their identification at the time of poll, the issue of Electors Photo Identity Card to electors bearing their photographs at State cost; and

Rules 49H (3) and 49K (2) (b) of the Conduct of Elections Rules, 1961, stipulate that where the electors of a constituency have been supplied with Electors Photo Identity Card under the said provisions of Rule 28 of the Registration of Electors Rules, 1960, the electors shall produce their Electors Photo Identity Card at the polling station and failure or refusal on their part to produce those Electors Photo Identity Cards may result in the denial of permission to vote; and

A combined and harmonious reading of the aforesaid provisions of the said Act and the Rules, makes it clear that although the right to vote arises by the existence of the name in the electoral roll, it is also dependent upon the use of the Electors Photo Identity Card, where provided by the Election Commission at State cost, as the means of establishing their identity at the time of polling and that both are to be used together; and

The Election Commission made an Order on the 28th August, 1993, under Rule 28 of the Registration of Electors Rules, 1960 directing the issue of Electors Photo Identity Card (EPIC) to all electors, according to a time bound programme; and

Electors Photo Identity Card have been issued to a substantially large number of electors in the State of Meghalaya, Nagaland & Tripura; and

In addition the Commission has directed that ‘Authenticated Photo Voters Slips’ shall be distributed by the election authorities to the electors before the date of poll for the current General Elections;

After taking into account all relevant factors and the legal and factual position, the Election Commission hereby directs that for current general election to the State Legislative Assemblies of Meghalaya, Nagaland & Tripura, which have been notified on 24.1.2018(WED) & 31.01.2018(WED). All electors who have been issued EPICs shall produce their EPICs for their identification at the polling station before casting their votes. Those electors who are not able to produce the EPIC shall have to produce one of the following alternative photo identity documents for establishing their identity:-

(i) Passport;

(ii) Driving License;

(iii) Service Identity Cards with photograph issued to employees by Central/State Govt. PSUs/Public Limited Companies;

(iv) Passbooks with photograph issued by Bank/Post Office;

(v) PAN Card;

(vi) Smart Card issued by RGI under NPR;

(vii) MNREGA Job Card;

(viii) Health Insurance Smart Card issued under the scheme of Ministry of Labour;

(ix) Pension document with photograph,

(x) Authenticated Photo Voter Slip issued by the election machinery;

(xi) Official identity cards issued to MPs/MLAs/MLCs; and

(xii) Aadhaar Card.

In the case of EPIC, clerical errors, spelling mistakes, etc. should be ignored provided the identity of the elector can be established by the EPIC. If an elector produces an Electors Photo Identity Card, which has been issued by the Electoral Registration Officer of another Assembly Constituency, such EPICs shall also be accepted for identification provided the name of that elector finds place in the electoral roll pertaining to the polling station where the elector has turned up for voting. If it is not possible to establish the identity of the elector on account of mismatch of photograph, etc. the elector shall have to produce one of the alternative photo documents mentioned in para 8 above.

Notwithstanding anything in Para 8 above, overseas electors who are registered in the electoral rolls under Section 20A of the Representation of the People Act, 1950, based on the particulars in their Passport, shall be identified on the basis of their original passport only (and no other identity document) in the polling station.