If an application in Form-6/ 6A/7/8/8A is rejected by the Electoral Registration Officer or name is deleted suo-moto and the applicant is not satisfied with the decision of the Electoral Registration Officer, then what course of action is available to the applicant?


Deepika Deepika
Answered on December 24,2019

The applicant may apply afresh or file an appeal against the decision/order of Electoral Registration Officer with regard to disposal of claims & objection i.e. Form-6, 6A, 7, 8, 8A & Suo-Moto Deletions as per following provisions:

I. (A) During continuous updation of Electoral Roll: - If an applicant is not satisfied with the decision/order of Electoral Registration Officer rejecting or allowing an application u/s 22 or section 23 of RP Act, 1950, he or she can file an appeal to the concerned District Election Officer/District Magistrate (Appellate Authority u/s 24 of RP Act, 1950) within 15 days from the date of such order, the appeal should be in the form of a memorandum signed by the appellant and accompanied by a copy of the order appealed from and with a fees of five rupees.

(B) During summary revision of Electoral Roll: -An Appeal shall lie from any decision of the Electoral Registration Officer under rule 20, 21 and 21A to the appellate officer i.e. District Election Officer/District Magistrate: Provided that an appeal shall not lie where the person desiring to appeal has not availed himself of his right to be heard by or to make representation to, the Electoral Registration Officer on the matter which is the subject of appeal (Rule 23 & Registration of Electors Rules, 1960) Every appeal shall be: -
      (a) In the form of a memorandum signed by the appellant, and
      (b) Presented to the appellate officer within a period of 15 days from the date of announcement of the decision or sent to that officer by registered post so as to reach him within that period.

II. An appeal against the decision/order of Appellate Officer
An Appeal from any order of the appellate authority i.e. District Election Officer/District Magistrate shall lie to the Chief Electoral Officer, Delhi u/s 24(b) of RP Act, 1950. Every appeal u/s 24 shall be: -
      (a) In the form of a memorandum signed by the appellant;
      (b) Accompanied by a copy of the order appealed from and fees of five rupees to be–
            (i) Paid by means of non-judicial stamps or
            (ii) Deposited in a Govt. treasury or the Reserve Bank of India in favor of the Chief Electoral Officer, Delhi
            (iii) Presented to the Chief Electoral Officer within a period of 15 days from the date of the order appealed from or sent by registered post so as to reach him within that period.


 
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