NEW DELHI: Those who do not find a place in the final National Register of Citizens (NRC) for
Assam, may still continue to be on the electoral rolls as the deletion of names from the voters list is not only exclusive of
NRC updation but also requires a month’s notice to the voter to contest the proposed deletion.
While there is speculation that the final NRC, set to be out by December 31, may take longer given that most of the 40 lakh exclusions from the draft NRC are expected to file claims and objections, Election Commission sources indicated that even if the final list met the deadline, it would not necessarily mean loss of voting rights.
The electoral rolls for Assam with reference to January 1, 2019 are to be published on January 4, 2019. For a person who is on the rolls but not in NRC, the due process of law requires the
district election officer (DEO) to issue a notice for deletion. Such a notice can be issued either based on a reference from NRC coordinator, if the standard operating procedures permit, or can suo motu by DEO.
The notice will convey to the voter that his name needs to be deleted due to exclusion from final NRC. The respondent gets a month to produce supporting documents, including citizenship proof. If he submits these documents to the satisfaction of DEO, his name would remain on the rolls irrespective of NRC status.
“Electoral registration is a quasi-judicial process in which proof of citizenship is just one element of evidence needed,” chief election commissioner O P Rawat confirmed to TOI.
Where the voter fails to submit proof of citizenship, his being 18 years of age and ordinarily resident of the constituency, his name can be deleted unless he appeals before a foreigners tribunal. Once the case goes to a foreigners tribunal, the voter can be put in ‘doubtful’ voter category pending a decision. ‘D’ voters are not allowed to vote. But if an aggrieved person gets a stay on the review of his status as a voter when the case is still before the tribunal or higher courts, his voting right remains said an EC officer. Interestingly, there are doubts on whether NRC authorities will be able to decide all claims and objections by this year-end. “Given that there are 40 lakh exclusions, it will most certainly be a herculean and time-consuming task to settle the claims,” said an officer of the poll panel.
This could well mean that the electoral rolls to be used for the 2019 polls may not be synced with NRC exercise.
