If it appears to the Assistant Electoral Registration Officer during preparation of the roll, that owing to inadvertence of error or otherwise, the name of dead persons or of persons who ceased to be, or are not, ordinarily residents in the area of the territorial constituency, have been included in the roll and that the remedja] action should be taken under this rule er ™ ecto;al (@) preparealist of the names ang other details of such persons;
APPEN. 8—R. 21] U. P. PANCHAYAT RA ] (REGISTRATION OF ELECTORS) RULES, 1994 387
(b) exhibit on the notice board of his office, ; with a notice as to the time and place at which the question of. delet.lon of guch names from the roll be considered and also -publish the list and the notice in such other manner as he may think fit ; and (¢) after considering any verbal or written objections that may be preferred, decide whether all or any of the names should be deleted from the roll :
Provided that before taking any action’ under this rule in respect of any person on the ground that he has ceased to be, or is not, ordinarily resident in the territorial constituency the Assistant Electoral Registration Officer shall make every endeavour to give him a reasonable opportunity to show cause why " the action proposed should not be taken in relation to him.
19. Final publication of roll—(1) The Electoral Registration Officer shall thereafter publish the roll together with the list of amendments under Rules 15, 16,17 and 18, by making a complete copy thereof available for inspection and displaying a notice in Form 7 at his office.
(2) On such publication the roll together with the list of amendments shall be the electoral roll for the territorial constituency.
(3) Where the roll (hereinafter in this sub-rule referred to as the basic roll) together with the list of amendments, becomes the electoral roll for a territorial constituency under sub-rule (2), the Electoral Registration Officer may, under the directions of the State Election Commission for the convenience of all concerned, integrate the list into the basic roll by including, correcting or, as the case may be, deleting the entries in the list together with all particulars relating to such entries in the relevant parts of the basic roll itself, so however, that no change shall be made during the process of such integration in the name of any clector or in any particulars relating to any elector as given in the list of amendments.
a copy of the list together
20. Correction of errors—Subject to any order of the State Election Commission, the Electoral Registration Officer may, at any time, order the correction of any clerical or printing error, or the removal of duplicate entries in the electoral roll, and such correction or removal shall be made accordingly.
21. Revision of rolls—(1) The roll for a territorial constituency of a Gram Panchayat shall be révised under sub-section (9) of Section 9 of the Act either intensively or summarily or partly intensively and partly summarily, as the State Election Commission may direct. ’
(2) Where the roll is to be revised intensively in any year, it shall be prepared afresh and Rules 3 to 20 shall apply in relation to such revision as they apply in relation to the first preparation of a roll.
(3) When the roll is to be revised summarily in any year the Electoral Registration Officer shall cause to be prepared a list of amendments to the relevant parts of the roll on the basis of such information as may be readily available and publish the roll together with the list of amendments in draft and 3 . N I L '2 ,,,,,»\\Q& ,,«}\ f,, s ,, ,—l s 1947 [APPEN. 8—R . 21.
w1 p. PANCHAYAT RA ] ACT, 388 ‘ e 0 shall apply in rela tion to such revision as they 2 ns of Rules 7o nof a roll.
he first preparatio ; & ) on to t! ime between the publication in draft of the revised ro] oll and list of amendments under sub-rule (3) and der Rule 19 read with the aforesaid sub-rule have been directed to be included in the roll for the der any provision of the Act, ‘the Electoral Registrg‘mon Officer shall cause the names to b e mclu.ded in the revised roll un less there is, in his opinion, any valid objection to such lf‘lC.lulerl. ) o 1[21-A. Appeals from orders decldmg claims and ob]gchox:n.—(]) 4An appeal shall lie from any decision of the Agsxstant Electoral Registr ation Officer ugder Rules 16, 18 or 21 of t he District Magistrate : B
Provided that an appeal shall not lie, where the pe rson desiring to appeal has not availed himself of his right to be heard by, or to make representati ons to the Assistant Electoral Registration Officer, on the matter which is the subjectmatter of the appeal.
(2) Every appeal under sub-rule (1) shall be—
(a) in the form of a memorandum signed by the appellant;
(b) presented to the appellate officer within a period of three days from the date of the decision; and (9 accompanied by a copy of the order appealed from and fee of five rupees to be paid—
(i) by means of non-judicial stamps; or
(ii) by deposit in a Government treasury or the State Bank of India in favour of the State Government and enclosing the receipt for such deposit; or
(iii) paid in such other manner as may be directed by the State Election Commission.
(3) Mere presentation of an appeal under this paragraph shall not have the effect of staying or postponing any action to be taken by the Electoral Registration Officer under Rule 19.
(4) Every decision of the appellate officer shall be final, but if it reverses or modifies a decision of the Assistant Electoral Registration Officer, it shall take effect only from the date of the decision of appeal.
(5) Subject to the preceding sub-rule the Electoral Registration Officer shall cause such amendments to be made in the roll as may be necessary to give effect to the decisions of the appellate officer under this rule.]
COMMENT Writ against deletion of name from roll.—Where writ was filed against order of deletion of name from electoral roll of Gram Panchayat it was held that since alternative . remedy of appeal is available hence writ is not maintainable. [Surya Nath Yadav v. State of U.P., 2012 (116) RD 142 at 143 (Al)).