Who is an overseas elector?
for registration of overseas electors in electoral roll have been made in the
Representation of the People (Amendment) Act, 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 :-
(1) Notwithstanding anything containing in this Act, every citizen of India, -
name is not included in the electoral roll;
has not acquired the citizenship of any other country; and
is absenting from his place of ordinary residence in India owing to his
employment, education or otherwise outside India (whether temporarily or not)
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.
The time within which the name of persons referred to in sub section (1) 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.
Every person registered under this section shall, if otherwise eligible to
exercise his franchise, be allowed to vote at an election in the constituency.
and Procedure of registration of overseas electors:
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(18)/98. – Leg.II (Vol.IV) (Annexure
According to Rule 8A of Registration of Electors Rules, 1960 application for
registration as Overseas Electors has to be made 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 be 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 ERO
should be filled up in Form 6A by the BLO before its distribution. BLO may be
advised to request the member of his/her family living abroad for sending it
back to the ERO to the address already provided in Form. BLO 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 ERO 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 6A 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 resided.
d. The election of the ERO
should be communicated to the applicant by post on the address of the applicant
in the country of his residence given by the applicant in his application in
Form 6A and also be sending an SMS on the cell phone number by the applicant in
his application in Form 6A.
5. Procedure if personal
hearing becomes necessary – If personal hearing is necessary in respect to any
claim or objection to the inclusion of names in the rolls as overseas electors,
the ERO shall designate an officer from the Indian Mission concerned to hear
the parties and give a report. The Commission has asked the Ministry of
External Affairs to designate one officer in each Indian Mission abroad. The names of such officers who can be so designated by the ERO shall be sent to
the EROs through the CEO by the Commission in consulation with the Ministry of External
of names of the overseas electors in the roll:
6. Name of the overseas
electors is to be included in the relevant part of the assembly constituency in
which the place of his residence in India as mentioned in his passport is
located. A separate section named “Overseas Electors” shall be created those
parts in which overseas electors are registered and names of overseas electors
will be kept in this section. This will be the last section of the concerned part.
of Registration of overseas electors:
7. Registration of overseas
electors will be an ongoing activity as part of continuous updation of
a. EROs shall prepare a
monthly report in format A (Annexure
11.4), and send it to the CEO to reach them latest by the 5th of
b. CEOs shall be compile the
monitoring report of all the EROs for the state and send it to the Commission
by the 8th of every month.
c. Every CEO and DEO shall
have a grievance redressal mechanism in place for overseas electors who find any
difficulties in registration.
of overseas elector at the polling station:
8. The identification of
overseas electors at the time of casting of votes at polling station shall be
done only on the basis of their original Passports. For this purpose, they
shall be required to bring their original Passport to the polling