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adopted 26 11 1949 some articles
enforced
Restadopted 26 1 1950

one of them
2y was enforced
becaused EC
req for Presidentialelection
before 26 1 1950 electoralcollege

2 process req forIndia's general election

preparation R O P Act1950

p sR
Preparation electoral roll
prep

allocation of seats 4 preparation ofelections andreason

delimitation of constituencies
age
voterqualifications
fill seats in RS councilofStates

Objectives of R O P Act 1951 July1951

provide for conduct of elections
membershipqualifications
corrupt practices offences related to elections
decision of doubts and disputes
 a
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ly
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cyction
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se 8121
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fine jailtime disqualification forjailtime t 6
yrs from
date of conviction

set 8141 for sittingMP MLA not disqualified from the dateof conviction
3 months to appeal not disqualified till appealcase is decided

Aut 102 191 disqualification ofmembership by law madebyParliament

Sec s ROP Ast1951
loopholeagainst disqualification
LilyThomas v UoI 2013 Sei 8141 ultra vires ofConstitution null void
en of JudicialReview
Sec 8 4 seems to be not in the spiritof the constitution ultra viresthe
constitution

LilyThomas v Union of India 2013

t
MPIMLA notsaved
by Sec 8C47 anymore struckdownby S C n
retrospective
application of the SC said NO and is
judgement
onlyapplicable for future instances
courthas the powerto restrict the
to the operationof law
future GolayNath
us State of Punjab 1967

Sec 62 Rop
Act 1951 sub section 15
imprisonmentandlawfulpolice custody no
right to vote

I
possible uida
sA21

however
reasonable classification
is allowed
Social
Hobbs rule of law is the
breakingthe social contract
conway
theory
i
concept of civil death
instrument of primary
socialcontrac
to keep in
check criminalization
of politics
 E C of India

challenged Sec 6215

of Rop Act 195
É prisonersrightto vote
Jamuna Prasad
Mukhariya v Lachi Ram case SC
The right to stand as
a candidateand contest an election
is not a common
lawright It is a special
right created
by statute and can onlybe exercised on the conditions
Fdown by the statute The Fundamental Rights
Chapter has no
bearing right like this created
on a

by statute

by holding this earlier decision

The to vote or stand
creations
right as a
candidate for
election is not civil
statutory
to
a
right but is a creature
e
subjectlimitations of statute or special law and must be subjectto
are
statutory the limitations imposed
by it
Right to vote is neither a fundamental
right nor a constitutional
right
myopia Right to vote is not one
of the common law
rights but it
upI
is a
right conferred
by a statute The
right to vote is subject
limitationimposed bythe
e see 62 s RopAct 1951
atinotofjalis a valid classification as per s C and
Sec 6205 of R O P Act 1951 doesn't violate
A 14
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constitutionally valid and
right to vote is not a fundamental
right but it is a
statut
rightorlegarightandcan be limitedby thestatute
 uotns Ro P 51 RioP 50
Electors citizens who are
s 16
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the polling area

away from home gout service armed forces

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r antheelectorarn
EG
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overseeing be present
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polling booth

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f My
electors 65yrstooptfor

Deficiency
issues c environment paperfromtrees 4 transport
ni j in
expensive counting labour intensive

i
paper prone to error
time consuming

a
e hence
EVM
n Electronic
voting Machine
facultyof IIT B
M B Haneefa invented
 w pollingofficer appointed by E C
EVM control unit
e
buy unit
6 u alkaline battery enhances forplaces w
portability no
g

Polling officer presses button to enable

a
Voter presses voting
a button to vote to some candidate
Vote is cast w a beep

1st use 1982 by election to NorthParavurelections

É
on shall happen
mannerof g If Rape
by castingooteonballot
my Case A C Jose vs Sivan Pillai 1984
amendment Sec 59 ballot in such mannerosmaybe
setGiaof RoPAct1951 prescribed
legalizedEVMsin Sec rule 49 new method to be informed
electionprocess
C days
before hand

hence 1982 byelection was declared null void

Repoll was ordered LEXREX
beforehand
Amendment Sec Gia
kingmachines at elections

AIADMKUS Chief Election Commissioner

2002
Supreme Court upheld the
validity of the above provision
and deemed EVM constitutional
 1989 experimental basis in 16 Assembly elections
in constituency t
RajMP

Issues related to freeand fair elections

i
1977
Germany banned suchmachines

Electronics Corp of
Bharat Electronic
India
ta Iced
is
risk of

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proprietary of ECof I and installed
by EC and not any
company
Names are
sequenced post nomination in
candidates presence of
and is different for
every machine
2009 EC of I had a
hchallenge no takers

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Against
transparency verifiability
individual voter cannot verify the vote beingrecorded
correctly
only total no of votes recorded is verifiable
 g
g n n n g g y
ng
bedone
G VVPAT Voter Verifiable Paper Audit Trail for further
transparency and
Ihability
in pollprocess
Conduct of Election
Rules 1961 by a notification
tupeumbyeecon from UnionGovt
ist time
Noksen
Assembly seat Tuensang district Nagaland
in Sept 2013
VVPAT printer display unit
pollsymbol
name SiNo of candidate for 7sec
ballot slip is cut and dropped in a box
and accessed
by polling officersonly
to maintain secret ballot
EC inc VVPAT use from 1 to 5 EVM perconstituency
doesn'tchallenge the EVM but for
greater
satisfactionof panties and voters

VVPAT is a slip generated in a printer like machine attached

to
EVM and shows voter's choice of candidate as well as
party
It Initially election results announced based on the
are
recording of votes givenby EVMs If the results are
disputed then votes recorded
under UV Pats are counted
and announced
Ifmismatch.me ofVPAT prevails
 f
imp thanstatutory right
fundamental right
Right to is a
statutoryright Infundamentaloconstitutonal

jjyy
ordered a
pictorial representation of NOTA
by NID
t
assigned to the last button
of EVM
1
Before 2013
in ballotpaper
era for NOTA
Rule 49 o form ICA which
Conduct req voter name and ID
of ElectionsRules
1961
Faganstsecrecyof ballot
against freeand fairelections
Insuchcase againstspirit of democracy
1100J A 10

B 20

I
cos train
FirstPass to Postsystem for rest
D g of the
NOTA 40
CurrentProposals
max votes toNOTA re poll

I
presently NOTA is an
expressionand
hasnoconsequente in electoral
victory
Some Sections of RioP Act 1951

Sec 135 A offence of Booth

Capturing
punishable 1 3 yr imprisonment

Sec 135 B Paidholiday on the dayof poll

u.TT
uninformed democracy
a ma i
Democracy is based
upon mathematic from freefair target
Jan 8 200 pinout data I answer from
expert
t
exitpolls

Sec 135 C Liquor not to be sold given or distributed

on
election
day against free or fair elections
Election fission India

local gout
unionand state elections
4 panchayat
4 LS RS Statelegislative y municipal
President VP

no fined members of ECI staffed as per necessity

as per Constitution

Initially I member ECI

1950 7984
61st CA Act 1988
age 21 18 for voting

t chit e appointedby

I
CECAmendment Act 2 EC President
1990 1 member EC or
upto 65 years

notbinding to Judges of s.c

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ii
State Election
a process

processsame as removal
of sync judges of president

a
ChiefElection Commission be employed
post retirement can

inlegalfield

currently on debatefor
reform
 Removal req 43rd present and
voting special majority
and voting supported by 504 of totalstrength

on the basis of Proven Misbehaviour or

Incapacity

for SC judges CAG CEC the word is not

impeachment
used
forremoving the President
only

Function
1 superintendents directs and controls election process
2 decide schedules for elections
3 prepares electoral rolls voter IDs
4 polling stations
countingetc
5 settlerelated
grants recognition to politicalpartiesand allotsymbols disputes
6 advisory jurisdiction for disqualification
of MPs MLAs final
decision
by President Governor
7 Model Code of Conduct issued for
politicalparties candidates
8 set limits of
campaign expenditure per candidate
and monitors

I
imposed from announcing of electionschedule
I
Model Code of conduct

i
mere set of directions for politicalparties
inotlegallybindingl
to maintain the

1stimplemented in Kerala State LA 1960

4 then general is election 1962 ever since then
 Coat20203
gunendertion
E P Inc electoral photo ID card or Voter ID

TN SeShan fCEC 1990 gG identity proofofeligible

issue of impersonation voters

voter ID
nothingmentioned in Sec 2
Rightto vote RaoP Act 1951
i i m
s.si
si i a
I unique 81 No
Thot
statenationalsymbol
Name of Carolholder
Father's
name
I

Address

Political Parties

registration see 29cal

of R o P Act1951
7national
If
hmotandatory

recognition party based on

performance
statepasty in elections

National
partyrecognition see GB of Sec 6AforStateParty
fo PAct 1951 ofRopAct1951
candidates in
4 or more states w 7Gt of votes
performance in
2 of total no of seats in LS latestgeneral
electiononly
party is recognized as state
party in at least 4 States
 administrative
amongst
decision madebymajority among 3 by
appointment
firstS
equal y presidenton
f EEE
not
binding