Section 19: Section 19 – Conditions of Registration

Overview

Section 19 of the Representation of the People Act, 1950 lays down the fundamental requirements a person must meet to be registered as a voter in a specific Assembly constituency. It essentially defines who is eligible to participate in the democratic process by casting their vote. This section is crucial for preparing accurate and fair electoral rolls.

Key Provisions

• Age Requirement: A person must be 18 years of age or older on the ‘qualifying date’ (usually January 1st of the year the electoral roll is revised) to be eligible for registration.
• Ordinary Residence: A person must be ‘ordinarily resident’ in the constituency where they wish to register. This doesn’t necessarily mean permanent residence, but a place where they habitually live.
• No Disqualification: The section implicitly requires that the person doesn't suffer from any disqualification mentioned elsewhere in the Act (like being convicted of certain offences).

Impact on Voters and Electoral Rolls

Section 19 directly impacts citizens by determining who can exercise their right to vote. It’s the cornerstone of voter registration. Election officials use these conditions to verify applications (Form 6) and build accurate electoral rolls. Incorrect application of this section can lead to eligible voters being left off the rolls, or ineligible voters being registered, impacting the fairness of elections. The concept of 'ordinary residence' is frequently debated during electoral roll revisions.

Practical Examples

• Example 1: Ravi is 20 years old and has lived in Delhi for the past 5 years, working and paying taxes there. He can register as a voter in the Delhi Assembly constituency where he lives.
• Example 2: Priya is 17 years and 11 months old. Even though she lives in Mumbai, she cannot register as a voter until she turns 18 on or before the qualifying date. Similarly, Arun, a student from Kerala, is studying in Chennai. He can register as a voter in his home constituency in Kerala, but not in Chennai unless he establishes ‘ordinary residence’ there.

Related Sections / Rules

This section works closely with:

• Section 15: Preparation of Electoral Rolls – This section outlines the overall process of creating electoral rolls, and Section 19 provides the criteria for inclusion.
• Section 16: Removal of Names from Electoral Rolls – This section details the grounds for disqualification, which complement the eligibility criteria in Section 19.
• Registration of Electors Rules, 1960: These rules provide detailed procedures for voter registration, including the forms to be used (like Form 6) and the evidence required to prove age and address.