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Legal Provisions on Electoral Roll Management

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Title: Legal Provisions on Electoral Roll Management


1
Legal Provisions on Electoral Roll Management
Please note- This PPT is for illustration only
and in no way is substitute to the relevant
Acts/Rules and/or ECI directions, which shall be
referred in case of doubts..
2
The Constitution of India THE REPRESENTATION OF
THE PEOPLE ACT, 1950 The Registration of
Electors Rules, 1960
3
IMPORTANT SECTIONS
Constitution of India- Article 324- The
superintendence, direction and control of the
preparation of the electoral rolls for, and the
conduct of, all elections to Parliament and to
the Legislature of every State and of elections
to the offices of President and Vice-President
held under this Constitution shall be vested in a
Commission. Article 325- There shall be one
general electoral roll for every territorial
constituency for election to either House of
Parliament or to the House or either House of the
Legislature of a State and no person shall be
ineligible for inclusion in any such roll or
claim to be included in any special electoral
roll for any such constituency on grounds only of
religion, race, caste, sex or any of them.
4
IMPORTANT SECTIONS
Constitution of India- Article 326- The
elections to the House of the People and to the
Legislative Assembly of every State shall be on
the basis of adult suffrage that is to say,
every person who is a citizen of India and who
is not less than 18 eighteen years of age on
such date as may be fixed in that behalf by or
under any law made by the appropriate Legislature
and is not otherwise disqualified under this
Constitution or any law made by the appropriate
Legislature on the ground of non-residence,
unsoundness of mind, crime or corrupt or illegal
practice, shall be entitled to be registered as a
voter at any such election.
5
IMPORTANT SECTIONS
  • RP Act, 1950
  • Section 14(2)- defines qualifying date as the
    1st January of the year in which roll is so
    prepared or revised.
  • Section 15- For every constituency there shall
    be an electoral roll prepared under SDC(
    Superintendence, direction and control) of the
    Commission.
  • 16(1) Disqualification for registration in
    Electoral Roll
  • Not being citizen of India
  • Being of unsound mind and stands so declared by a
    competent court.
  • Disqualified for the time being from voting for
    corrupt practices and other offences in
    connection with elections _at_
  • 16(2) Name to be struck off on being
    disqualified.
  • Proviso to R 16 - Reinstatement of names on
    removal of disqualification under 16(1)(c)
    during the period such roll is in force.

6
IMPORTANT SECTIONS
RP Act, 1950 (Contd) Note- _at_ S 11A of the
R.P.Act 1951refer- If a person is convicted for
an offence u/s 171E or 171H of IPC or s 125 or s
135 04 s 136(2)9a) of the R.P.Act 1951 he shall
be disqualified for a period of 6 years from the
date of conviction or the date from which the
order takes effect. S11(2) provides that any
person disqualified a order of the President u/s
8A for any period shall be disqualified for
voting at any election. Under s 11B , the ECI ,
for reasons to be recorded remove a
disqualification u/s 11A.
7
IMPORTANT SECTIONS
RP Act, 1950 ( Contd) Section 17 -No person can
register in more than one constituency
Section 18 -No person can be registered more
than once in any Constituency. Section 19-
Conditions for registration- Every person is
entitled for registration if he (a) is not
less than 18 yrs on qualifying date (b) is
ordinarily resident in that constituency.
8
IMPORTANT SECTIONS
RP Act, 1950 (Contd)
  • Section 20 --Deals with the term ordinarily
    resident.
  • It does not define the term but explains in both
    or - terms
  • A person shall not be deemed to be ordinarily
    resident(OD) in the constituency on the ground
    only that he owns or is in possession of a
    dwelling unit therein.
  • A person absenting himself temporarily from his
    place of ordinary residence shall not for this
    reason cease to be OD therein.
  • Exception to OD are sitting MPs/MLAs, persons
    undergoing treatment in a mental hospital or
    detained in prison or other legal custody shall
    not be treated as OD in that hospital or prison
    or place of legal custody .

9
IMPORTANT SECTIONS
RP Act, 1950 (Contd)
  • Section 20 --Deals with the term ordinarily
    resident.
  • (Continued from previous slide)
  • Declared office holders, persons with service
    qualifications wife of a declared office holder/
    person with service qualification. They are
    deemed to be ordinarily resident in the
    constituency even though they may be absent from
    their place , in connection with their duty or
    otherwise.

10
IMPORTANT SECTIONS
RP Act, 1950 (Contd)
  • Section 20 ( Contd)
  • Service qualification means- being a member of
    armed forces, being a member of a force to which
    the Army Act 1950 applies, with or without
    modifications, persons employed by GOI outside
    India and member of armed police force of a State
    posted outside the State.
  • A statement made by declared office holders/
    persons with service qualification and verified
    in the prescribed manner as correct. shall be,
    in the absence of evidence to the contrary, shall
    be accepted
  • If a question arises as to whether or not a
    person is ordinarily resident of a place , it is
    QUESTION OF FACT, to be decided by the ERO on
    the basis of facts/evidences, with due
    application of mind.

11
IMPORTANT SECTIONS
RP Act, 1950 (Contd)
  • Section 20 A has been inserted for Overseas
    electors.
  • Section 21 (1) sec 21(2)-
  • The roll of each AC shall be revised in the
    prescribed manner w.r.t. a qualifying date and
    shall come into force immediately after its
    final publication.
  • Roll shall be revised before every general /bye
    election, unless otherwise directed by the ECI
    for reasons to be recorded in writing.
  • Proviso to S 21 provides that if the roll is not
    revised the validity and continued operation of
    the existing roll shall not be affected.
  • S 21(3) gives powers to ECI to order , for
    reasons to be recorded, special revision of a
    constituency or a part thereof in the manner
    prescribed by the law..

12
IMPORTANT SECTIONS
RP Act, 1950 (Contd)

Section 22- Subject to ECI directions, the ERO
, on an application or own motion, after such
enquiry as he thinks fit, can direct correction
/deletion /transposition of an entry. The
proviso to S 22 say that correction/deletion of
any entry shall be made after proper verification
of facts in prescribed manner. Individual notice
shall have to be issued for hearing . Section
23- ERO, if satisfied, can include a persons
name in the electoral roll , on receipt of an
application . The proviso to S23 says that if an
applicant is already registered in any other
constituency, the ERO shall inform the ERO of
that constituency who shall strike off the name
of such person from that roll. S23(3) provides
for freezing of the roll after 3 pm of the last
date of the nomination and till completion of the
election.
13
IMPORTANT SECTIONS
Section 24 - Provides for appeal to DEO against
any order of the ERO under S 22 S 23 and a
further appeal to CEO. The fee deposited with
appeal shall not be refunded. Section 28- Rule
making power vests in the Central Govt, after
consulting the ECI . Registration of Electors
Rules 1960 has been made. Section 29- Every
local authority shall make available to ERO such
staff as necessary for preparation and
verification of the electoral roll. Section 30-
Jurisdiction of civil courts barred on decisions
taken by an ERO on question of registration in
the roll.. Section 31- making false
declaration is punishable with imprisonment
upto one year or fine or both.
14
IMPORTANT SECTIONS
Section 32- Breach of official duty in
connection with preparation etc of the
electoral roll- offence punishable with
imprisonment upto 2 years and fine . No suit for
damages can be filed . No court to take
cognizance of such offence unless there is a
complaint made under the orders of ECI or the CEO
of the state
15
The Registration of Electors Rules 1960
  • Rule 4 Prescribes the language in which the
    roll shall be prepared. ( ECI issues
    notification in this regard)
  • Rule 5 and 6- Roll of each AC to be divided into
    convenient parts. Last part shall be for service
    electors. Electors in one part shall not
    ordinarily exceed 2000 . Names to be arranged in
    each part according to house numbers, unless
    directed by ECI/CEOand further be arranged
    alphabetically.
  • Rule 7- Prescribes the statements and the Forms
    1, 2 , 2A and 3, as the case may be, to be used
    by declared office holders / service electors
  • Rule 8 A- has been inserted to prescribe Form
    6A for application by overseas electors.
  • Rule 9- ERO or his officials shall have access to
    registers of births and death and admission
    registers of schools and concerned authority
    shall make the same available.

16
The Registration of Electors Rules 1960 ( Contd)
  • Rule 10- Draft Roll to be published at EROs
    office /if ERO office is not within constituency
    then at specified place in the constituency.
  • Rule 11- Further publicity at polling station and
    such other mode of publicity as may be
    prescribed.
  • R 11(c) provides for free supply of two copies of
    each separate part of the roll to every political
    party with a reserved symbol by ECI
  • One printed copy and other soft copy in CD
  • Rule 12 After draft roll publication, 15 to 30
    days ,as prescribed by the ECIare available for
    filing claims and objections. Proviso to R 12
    empowers ECI to further extend it by
    publishing an notification in Gazette.
  • Rule 13 Prescribes forms 6, 7, 8 and 8A for
    filing claims and objections etc.
  • Rule 14 Claims and objections can be lodged in
    person before ERO or such person as designated by
    him or by post.

17
Registration of Electors Rules 1960 ( Contd)
  • Rules 15 and 16 List of particulars of forms 6,
    7 ,8 and 8 A filed are made in Forms 9, 10 ,11
    and 11A respectively and exhibited by the
    designated officer and ERO respectively .
  • Rule 17- Application filed after period of CO
    and not in prescribed form shall be rejected.
  • Rule 18- If ERO is otherwise satisfied with the
    validity of any CO, he may allow the same
    without further inquiry after expiry of one week
    from the date of its entry in the list exhibited
    by him on the notice board in his office.
  • Proviso to R 18, however, prescribes due inquiry
    in case the same is demanded in writing.
  • Rule 19 and 20 - Explains the manner of disposal
    of COs.
  • R 19 Notice of hearing
  • R 20 Inquiry procedures.

18
Registration of Electors Rules 1960 ( Contd)
  • Rule 21- Inclusion of names inadvertently omitted
    in draft. Any statement received after draft
    publication from declared office holders or
    service voters shall be included in the relevant
    part of the electoral roll.
  • Rule 21A-Suomotu deletions of names. Proviso to
    this rule makes it mandatory for ERO to make
    every endeavour to issue notice to such person
    to give reasonable opportunity.
  • Rule 22- Manner how final publication is to be
    made.
  • R 22(c) Free supply of 2 copies of finally
    published roll with supplements to each such
    political party which has been allotted an
    exclusively reserved symbol by ECI. One printed
    copy and one CD.
  • Rule 23 Appeal against ERO/ AEROs orders to an
    appellate officer , as notified by the ECI,
    within 15 days from EROs order in the form of a
    memorandum. The proviso to this rule- no appeal
    shall lie ,if the appellant has not availed the
    right of being heard or make representation to
    the ERO ,

19
Registration of Electors Rules 1960 ( Contd)
  • Rule 25 Types of revisions.
  • Rule 26- Provides for filing of claims and
    objections during continuous updating period.
    Applications to be filed in duplicate. One copy
    to be pasted at a conspicuous place at the EROs
    office inviting any objections within a period of
    7 days. If no objection, then will accept , or
    else pass order after hearing the objector.
  • Proviso to R 26 prescribe that any statement in
    Forms 2,2A and 3 from persons holding service
    qualification received after final publication of
    the electoral roll shall be treated as
    application under S 26.
  • Rule 27- Appeals can be filed against order
    under R 26-in the form of a memorandum, within 15
    days time from EROs order ( delay can be
    condoned by the appellate authority). (in
    pursuance of S 24).
  • Rule 28- Prescribes for issue of EPICs to the
    registered electors. ( However no EPIC is to be
    made for overseas electors)

20
Registration of Electors Rules 1960( Contd)
  • Rule 32- Custody and preservation of papers
    connected with the roll preparation- till the
    next intensive revision. (Amendment proposing
    retention till next revision underway with
    Central Govt. )
  • Rule 33- Every person has the right to inspect
    all roll related papers on payment of such fee as
    prescribed by the CEO.

21
The Forms prescribed under RER are as follows
S. No. Form Rule Description
1. Form 1 Rule 7 Statement as to place of Ordinary Residence by a Person holding a Declared Office
2. Form 2 Rule 7 Statement as to place of Ordinary Residence by a member of the Armed Forces
3. Form 2A Rule 7 Statement as to place of Ordinary Residence by a member of an armed police force of a State, who is serving outside that State
4 Form 3 Rule 7 Statement as to place of Ordinary Residence by a person employed under the Government of India in a post outside India
5 Form 4 Rule 8 Letter of request to occupants of a dwelling unit.
6 Form 5 Rule 10 Notice of publication of Electoral Roll in Draft
7 Form 6 Rule 13(1) and 26 Application for inclusion of name in Electoral Roll
8 Form 6 A Rule 8A Application for inclusion of name in Electoral Roll by an overseas elector.
9 Form 7 Rule 13(2) and 26 Application for objecting inclusion or seeking deletion of name in Electoral Roll
10 Form 8 Rules 13(3) and 26 Application for correction to particulars entered in Electoral Roll
11 Form 8A Rules 13(4) and 26 Application for transposition of entry in Electoral Roll
22
The Forms prescribed under RER are as follows
S.no. Form Rule Description
12 Form 9 Rules 15 and 16 List of applications for inclusion of names received in Form 6
13 Form 10 Rules 15 and 16 List of applications for objection to inclusion of names received in Form 7
14 Form 11 Rules 15 and 16 List of applications for objection to particulars in entries in Electoral Roll received in Form 8
15 Form 11A Rule 15 and 16 List of applications for objection to particulars in entries in Electoral Roll received in Form 8 A
16 Form 12 Rule 19(1)(b)(i) Notice of hearing of a claim
17 Form 13 Rule 19(1)(b)(ii) Notice to the objector
18 Form 14 Rule 19(1)(b)(ii) Notice to the person in respect of whom objection has been made
19 Form 15 Rule 19(1)(b)(iii) Notice of hearing of an objection to particulars of an entry in the E. Roll
20 Form 16 Rule 22(1) Notice of final publication of Electoral Roll
23
The Administrative Machinery
24
Election Commission of India
Administrative Machinery for Electoral Roll
Management
Chief Electoral Officer
Appellate Officers
Electoral Registration Officer
Staff on deputation to ECI
Designated Officers
Booth Level Officer
25
  • Designated Officer
  • Appointed by ERO under Rule 14 of RER,1960
  • Responsible for display of Electoral Roll, Parts
    and receive
  • objections/claims
  • Receives applications in Forms 6,7,8, 8A from
    the electors at designated locations

26
  • Appellate Officers
  • The appeal on the decision of ERO on the
    applications of inclusion /
  • deletion received during revision /
    continuous updating can be preferred to the
    officer designated by ECI. Refer ECI
    notification.
  • Further appeal on the decision of appellate
    officer can be preferred to CEO.
  • Time limit for appeal 15 days from the date of
    EROs order

27
(No Transcript)
28
Electoral Rolls for Assembly and Parliamentary
Constituency
  • Electoral Rolls are prepared for Assembly
    Constituency (AC) under the provisions of RP Act
    1950
  • No separate Electoral Roll for Parliamentary
    Constituency (PC) is maintained where the
    Electoral Rolls of PC are comprised of
    Electoral Rolls of its Assembly segments (except
    J K)
  • Electoral Rolls are organized as geographically
    defined Parts which are further organized into
    Sections and households
  • Each Part has an identified Polling Station where
    electors cast their votes on the poll day

29
TYPES OF REVISION
  • Intensive Revision
  • Summary Revision
  • Partly intensive and partly summary
  • Special summary
  • Continuous updating

30
Types of Revision
  • Intensive Revision
  • Done de-novo without reference to earlier
    existing Roll (not a preferred method these days)
  • Enumerator visits house to house (H2H) and
    obtains details of eligible persons in
    enumeration pad.
  • Draft Roll is prepared and published to invite
    claims/objections
  • After disposal of claims and objections, Final
    Roll is published

31
Types of Revision
  • Summary Revision
  • Done every year except if intensive revision is
    ordered
  • Existing Roll published as draft inviting claims
    and objections
  • No need of house to house survey
  • Designated officers sit at polling stations to
    receive claims and objections
  • Period of Claims and objections can be from 15 to
    30 days
  • After disposal of claims and objections, Final
    Rolls Mother Roll and supplements are
    published

32
Types of Revision
  • Partly Intensive Partly Summary Revision
  • Existing Roll published as draft inviting claims
    and objections
  • House to House survey is also done by BLOs.
  • Designated officers sit at polling stations to
    receive claims and objections
  • Period of Claims and objections can be from 15 to
    30 days
  • After disposal of claims and objections, Final
    Rolls are published
  • Special Revision
  • Due to the reason of inaccuracies like omission,
    left out area etc, special revision is carried
    out
  • May be intensive, summary or Partly intensive and
    Partly intensive revision

33
Continuous Updating
  • In between revisions any person can make a claim
    or objection to the Electoral Registration
    Officer, and ERO disposes of the claim or
    objection by following the procedure given in the
    Registration of Electors Rules 1960. This is
    called Continuous updating.
  • The process of continuous updating is stopped
    during an election from the last date of filing
    nominations till the declaration of results

34
Layout and Structure of Electoral Roll (ER)
  • ER of every AC should have title page specifying
  • Year of preparation/revision
  • Number, name and reservation status
  • Details of Constituency and number of Parts
  • Followed by table of contents indicating serial
    order of area covered
  • Title page is followed by Constituency map
  • Summary sheet attached at the end of Assembly Roll

35
Layout and Structure of Electoral Roll
  • Electoral Roll is divided into convenient Parts
    with identifiable geographical boundary having
    its individual title page under Sub-rule (1) of
    Rule 5, RER 1960
  • This title page is followed by a sketch map of
    Polling Station area in that Part
  • Followed by elector details in prescribed format
  • Summary sheet is provided at the end of Roll of a
    Part
  • These Parts are further organized into Sections
  • The electors details are arranged in 10-column
    format in text Roll and with photo in photo
    Roll
  • Last Section in each Part is for Overseas
    Electors
  • Last Part of Roll, lists the details of Service
    Voters (SVs) in English
  • Number of names included in any Part should not
    exceed 2000 under Rule 5 (4), RER 1960

36
Layout and Structure of Electoral Roll
Title Page
General Part Elector Details
Summary Sheet
37
Title page of Assembly Roll
Title Page
No., name reservation status
Year/Type/Date of revision
Details of Constituency
Details of Polling Station
Male/Female Electors
38
Table of Content of Assembly Roll
Sections in each Part
Electors
Part number
39
Summary Sheet of AC
Details of Mother Roll
Addition details
Deletion details
ERO details
40
Title page of Part
Number name of AC
Details of Sections in Part
Other Relevant details of Part
Address of Polling Station
41
Part Area Sketch Map
Illustrative Sample
42
Text and Photo Roll
45 electors a page
30 electors a page
Text Roll
Photo Roll
43
Summary Sheet of a Part
Supplements for Addition
Mother Roll details
Supplements for Deletion
Number and Types of Modification so far
44
Language of Electoral Rolls
Annexure 1.6 Language of Electoral Rolls Table
  • Rule 4 of RE Rules 1960, requires ECI to notify
    the languages in which the roll of a constituency
    be prepared. It is normally the official language
    of the state being spoken by majority of the
    people. If any minority language is spoken by not
    less than 20 of the population , then ECI
    notifies that language also.
  • The Commission has further issued instructions
    that in addition to language notified, the roll
    in metropolitan cities shall be prepared in
    English also.

45
Polling Stations
  • Each Part of Electoral Roll has a Polling Station
    for a well defined and compact geographical area
    where DEO/RO facilitates electors of that Part to
    vote. A poll taken at any other place is void
    ab-initio.
  • DEO is responsible for providing sufficient
    number of Polling Stations under Section 25 of
    the R.P. Act 1951with prior approval of ECI
  • Part number of Roll and Polling Station number
    should be same
  • To reach a polling station electors should not
    travel more than 2 KMs. It should be within the
    polling area and preferably in a Govt. building.
    Should not be in hospitals or religious places
  • Each revenue village of 300 electors should have
    independent Polling Station, if a suitable
    building is available.
  • Irrespective of electorate size, identifiable
    pocket/hamlet/village of weaker section should
    have independent Polling Stations.
  • If the polling area comprise of more than one
    village /localities then , as far as practicable,
    PS should be in the village with more electors.

46
Polling Stations
  • To create a new Polling Station
  • DEO first publishes a proposal in Draft Form at
    his office with minimum 7 days notice period
  • Invites objections and suggestions from
    recognized political Parties/ sitting MPs and
    MLAs etc.
  • After due consideration of received suggestions
    and objections/ complaints, the DEO sends the
    proposal through CEO to ECI for approval.
  • After the approval of ECI, final list of Polling
    Stations is published in the prescribed manner.
  • ERO rearranges electoral roll accordingly.
  • Any further changes/modifications in the list
    should be sent to ECI in the prescribed format
    only for approval .

47
Preparation of Draft Electoral Roll
Draft Electoral Roll
48
Voter Registration Cycle
Intensive Revision
Summary or Part Summary and Part Intensive
Revision Every Year
Special Revision
Continuous Updating
49
Procedure during Summary Revision
  • Existing Electoral Roll is published as Draft
    Electoral Roll and applications for inclusion,
    deletion and correction are invited
  • The entries of electors details in the Rolls are
    same as in intensive revision
  • ERO notifies the Roll revision program in Form 5
    under RER, 1960 as directed by ECI

50
Form 5 Notice of Publication of Electoral Roll
in Draft
51
Pre-requisites to Seek Publication of Draft Roll
in Summary Revision
1
  • Suo-motu corrections in the Roll since last
    publication
  • All the corrections suggested by the political
    parties and other agencies to the previously
    published Final Roll are checked, due procedure
    is followed and if found necessary are
    incorporated in the supplement of continuous
    updating prepared before Draft Publication

52
Pre-requisites to Seek Publication of Draft Roll
in Summary Revision
2
  • De-duplication of Voters
  • De-duplication software is run to throw up
    probable duplicate entries in the Roll which are
    verified in the field after which duplicates are
    removed as follows-
  • ERO undertakes de-duplication suo motu within the
    Constituency before Draft publication of Rolls
    under summary revision
  • For the repeated names in the Roll, notices are
    issued under Section 22 of RPA, 1950 and full
    verification procedure is followed
  • Repeated names deleted from one location becomes
    the Part of supplement of continuous updation and
    Draft publication under summary revision

53
Pre-requisites to Seek Publication of Draft Roll
in Summary Revision
3
  • Check the presence of names of MPs, MLAs other
    important persons
  • ERO checks whether these names are present in the
    Rolls and also the removal of names of
    disqualified persons
  • Corrective actions are taken before any Draft
    publications under summary revision process
    following the due process of law.

54
Pre-requisites to Seek Publication of Draft Roll
in Summary Revision
4
  • Preparation of Supplement of continuous updating
  • List of amendments is prepared based on
    continuous updating
  • List specifies only names included or deleted on
    the directions of ERO or DEO/ CEO (in appeal
    cases under Section 24 of RPA, 1950)
  • The inclusions, deletions and corrections are
    finalized and supplement is prepared before the
    publication of Draft Rolls
  • Supplement is published along with the Draft
    publication in case of non-integration of Draft
    Roll

55
Pre-requisites to Seek Publication of Draft Roll
in Summary Revision
5
  • Integration of Supplements and preparation of
    integrated Rolls
  • In case of election year, Roll and its
    supplements are integrated into one basic Roll
    and published as Draft Roll
  • In non-election years, basic Roll from previous
    year and its supplements are published together
    without integration as Draft Roll

56
Pre-requisites to Seek Publication of Draft Roll
in Summary Revision
6
  • Reorganization of Polling Stations before
    publication of Draft
  • ERO reorganizes the Rolls with respect to new
    Parts before publishing the Draft Roll
  • Some points that are ascertained
  • Number of electors per Polling Stations to be
    limited as per ECI guidelines. Normally not more
    than 1400 electors in urban areas and 1200 in
    rural areas are assigned in each Part.
  • Separate and independent Polling Station is
    created for each revenue village having gt 300 of
    population as directed by ECI
  • De-congestion of Polling Stations ECI guidelines
    to be followed. Normally, not more than 4 PSs per
    PSL (Polling Station location) in urban and not
    more than 2 PSs per PSL in rural areas are
    allowed.
  • Roll of the Part is neatly organized into
    Sections.
  • Proposed list of new Polling Stations is
    published as Draft and shared with recognized
    political parties to invite their
    objections/claims
  • Roll is organized with changed set of Polling
    Stations after receiving approval of ECI before
    the publication of Draft Roll

57
Pre-requisites to Seek Publication of Draft Roll
in Summary Revision
7
  • Control table updation
  • ERO/DEO updates the control table before Draft
    publication according to the modifications done
    since last Final publication
  • Control table reflects all the modifications
    related to Polling Stations, Sections, service
    voters etc.

58
Pre-requisites to Seek Publication of Draft Roll
in Summary Revision
8
  • Identification of Revision Staff (Including BLOs)
  • ERO ensures that BLOs, Designated Officers,
    Supervisors etc. are in place and trained before
    publication of Draft Roll
  • Name, address, contact numbers with respective
    jurisdiction of Roll revision related officer is
    uploaded on website before publication of Draft

59
Pre-requisites to Seek Publication of Draft Roll
in Summary Revision
9
  • Training and Orientation of Revision Staff
  • EROs draw a detailed training schedule for the
    revision staff (Para 29, Chapter 4, ERO Handbook)
  • Before launching the summary revision, one full
    day training is conducted
  • Master trainers are trained to impart such
    trainings for every Assembly
  • During the training
  • Audio visual material and written handouts are
    used
  • Checklist of points to verify in field visits are
    given to each participant
  • Monitoring and reporting mechanism is explained
    in detail

60
Pre-requisites to Seek Publication of Draft Roll
in Summary Revision
10
  • Availability and Provisioning of Forms
  • Adequate number of Forms are provided at all
    designated locations and revision officials
  • Forms are given in all required languages

Which are the Forms given to the revision
officials?
Forms 6, 6A, 7, 8, 8A
61
Pre-requisites to Seek Publication of Draft Roll
in Summary Revision
11
  • Readiness of CEOs Website
  • CEOs/DEOs ensure that the website is ready,
    tested and run before the publication of Draft
    Rolls.
  • Search facility is provided on the website for an
    elector to search her/his name in the Roll, know
    her/ his Polling Station, and find the procedure
    to apply for enrolment.
  • All details of facilitating registration are
    provided on the website before the Draft
    publication

62
Pre-requisites to Seek Publication of Draft Roll
in Summary Revision
12
  • Providing elector information in requisite
    formats
  • CEOs provide information to ECI in the
    prescribed (annexures 2.2 to 2.9 of HB of EROs)
    before publication of Draft Rolls

Which are the prescribed Formats?
63
Pre-requisites to Seek Publication of Draft Roll
in Summary Revision
12
Providing elector information in requisite
formats
Annexure 2.3 Polling Station wise Elector
information (Elector-Population ratio)
Annexure 2.2 Polling Station wise elector
information (Gender Ratio)
64
Pre-requisites to Seek Publication of Draft Roll
in Summary Revision
12
  • Providing elector information in requisite
    formats
  • Annexure 2.4 2.5 - District wise Age-Cohort
    Elector Information

Format 3A
Format 3B
65
Pre-requisites to Seek Publication of Draft Roll
in Summary Revision
12
  • Providing elector information in requisite
    formats
  • Annexure 2.5 - Polling Station wise Information
    on Inclusion and Deletions in Current Electoral
    Rolls Over Previous Roll

66
Pre-requisites to Seek Publication of Draft Roll
in Summary Revision
12
  • Providing elector information in requisite
    formats
  • Annexure 2.6 - Polling Station wise Information
    on EPIC Photo Coverage in Current Roll

Format 5A and 5B
Format 5C and 5D
67
Pre-requisites to Seek Publication of Draft Roll
in Summary Revision
12
  • Providing elector information in requisite
    formats
  • Annexure 2.7 - Polling Station Locations (PSL)
    Details

68
Pre-requisites to Seek Publication of Draft Roll
in Summary Revision
12
Providing elector information in requisite
formats
Annexure 2.8 - Information on Service Voters
Annexure 2.9 -Polling Station Wise and
Constituency wise information on Migrated
Electors
69
Printing of Draft Electoral Rolls
  • CEO sends the proposed revision schedule after
    completion of pre-revision activities
  • ERO arranges printing and publication of Draft
    Rolls after
  • ECI approves the revision schedule
  • Information is updated in control tables
  • Completion of data entry in software
  • The printed basic Roll is arranged Part wise in
    serial order and kept as one or more volumes as
    may be necessary in case of summary revision

70
Publication of Draft Electoral Rolls
  • Under Rule 10 of RER,1960, ERO publishes the Roll
    in Draft by making copy available for inspection
    and displaying a notice in Form 5
  • At his office, within the Constituency
  • At place specified by him, if his office is
    outside the Constituency
  • Pdf format of Roll (only in text mode) is
    uploaded at CEOs website in public domain on the
    same day of publishing the Roll
  • From the website, ERO should be able to verify
    for every claim (Form 6) received whether the
    voter is already a registered voter elsewhere in
    same Constituency or the district
  • Electoral Roll for all Constituencies in a State
    or even District is published on the same day.

71
Publication of Draft Electoral Rolls
  • Publication of Roll includes all Parts of Roll of
    Assembly Constituency and service Voters list in
    the last Part.
  • Draft Rolls are published in the Polling Station
    so that the general electors can easily check and
    file their claims/objections
  • Publication is not made on public holiday
  • ERO ensures copies of Rolls published in all
    languages are identical

72
Safe custody of Copy of Roll published as Draft
  • ERO prepares an authentic copy of Roll, each page
    ink signed by two assigned officers after the
    Roll is published as Draft
  • Authentic copy of Roll is kept with DEO and CEO
    for reference and record purposes.
  • Publicity to Programme of Publication of Draft
    Electoral Rolls
  • Programme of Draft publication is intimated in
    writing to all recognized political parties,
    local bodies, MPs, MLAs at least one week in
    advance
  • Mass media like television, newspapers etc is
    used to publicize the same
  • After the Draft publication, a meeting of
    recognized political parties is called to request
    to scrutinize and provide their suggestions in a
    specified time period

73
Booth Level Agents (BLAs)
BLAs are appointed by the political parties to
help in management of Electoral Rolls
Appoints
Informs
Election Commission
Political Party
Booth Level Agents
Duties - Assists people in filing
claim/objection properly - Remains present
during the campaigns and help BLOs - Verifies
and conducts survey of the dead and shifted
electors - Is responsible if the survey is
faulty - Understands and scrutinizes the
Electoral Roll during meeting with BLO - Helps
continuous updating of the Electoral Roll
74
Booth Level Volunteers (BLVs)
  • BLVs are volunteers appointed by the DEO to help
    the BLO in doing his work. They may be office
    bearers of RWAs, members of NGOs etc.
  • Duties
  • Assists people in filing claim/objection properly
  • Verifies and conducts survey of the dead and
    shifted electors
  • Understands and scrutinizes the Electoral Roll
    during meeting with BLO
  • Helps continuous updating of the Electoral Roll
  • Helps in ensuring purity of electoral rolls
  • Helps in SVEEP programme

75
Free supply of copies of Draft Electoral Roll to
Recognized Political parties
  • ERO provides free of cost 2 copies of Roll to
    every political party as directed by ECI under
    Rule 11 (c) of RER, 1960
  • One soft pdf copy and one hard print copy of
    Rolls are shared with political parties as
    directed by ECI
  • Soft copy only indicates that photograph is
    available against the electors details and hard
    copy contains the photographs
  • ERO provides free of cost 2 complete sets of
    Electoral Rolls both during summary revision and
    intensive revision
  • EROs/DEOs ensures that all the Parts of the Rolls
    are published and shared with the political
    parties at the stage of the Draft publication
  • Soft copies of Electoral Rolls without images are
    given within a week on payment to all concerned
    persons by CEOs/DEOs/EROs

76
Actions after Draft publication and before Final
publication
  • ERO sends a certificate to CEO in prescribed Form
    in regard to the names of MPs MLAs continued in
    the Electoral Roll
  • ERO reports to CEO immediately in case of any
    omission of member name from the Electoral Roll
  • CEO reports to ECI for all such omission cases
    every year
  • After publication of Draft Roll, CEO/DEO and ERO
    calls recognized political parties to give their
    suggestions for any corrections in the Draft Roll
  • ERO also scrutinizes Rolls himself at this stage
    like individual households showing more than 10
    electors, death registers etc.
  • ERO arranges for reading aloud of each Part of
    the Roll before the concerned Gram Sabha/ Ward
    Committee
  • ERO analyses the health indicators of the roll
    like gender ratio etc.

77
Actions after Draft publication and before Final
publication
  • Analysis of Health of the Rolls
  • Elector to population ratio is studied and
    reported to ECI revealing the age-wise under or
    over enrollments in comparison to census figures
  • Age cohort analysis of the electors in the Roll
    with census population for various ages groups is
    carried out (annexure 2.4)
  • Polling Station wise abnormal addition and
    deletion over last 3 years is identified,
    verified, corrected and reported to ECI (annexure
    2.5)
  • Data on EPIC photo coverage in photo Electoral
    Roll is analyzed in the prescribed formats
    (annexure 2.6)
  • Provide list of new Polling Stations created
    since last publication to ECI for analysis and
    record (annexure 2.7)
  • Data on voters registered but found absent (ESR-
    Expired, Shifted, Repeated) during field
    verification is collected and appropriate action
    is taken under Rule 21A of RER, 1960 (annexure
    2.8).
  • (In election years, instructions of the
    Commission are to be followed during suo motu
    deletions.)
  • ERO exhibits on the notice board of his office,
    list of names to be deleted from the Roll to
    invite any objections.

78
Actions after Draft publication and before Final
publication
  • Complete report on service voters is sent to ECI
    (annexure 2.9)
  • Roll observers appointed by ECI visit Districts
    to check and report on the disposal of claims and
    objections, and the quality of the Draft
    published.
  • Before scrutinizing the Rolls, ERO prepares under
    Rule 22 of RER,1960
  • List of amendments
  • List of dead persons and ceased to be ordinarily
    residents

79
Procedure for disposal of Claims and Objections
80
Forms of Claims and Objections
  • Claims and Objections during Revision
  • For an accurate and error-free Electoral Roll
    claims and objections are made for
    addition/deletion/ transposition/ correction of
    entries in the electoral rolls
  • Forms of Claims, Objections and Corrections
  • The applicants applying for addition/deletion/corr
    ection/transposition should fill the following
    Forms
  • Form 6 Inclusion of name (Service personnel to
    attach Form of declaration)
  • Form 6A Inclusion of name of overseas electors
  • Form 7 Objection to addition/seeking deletion
    of name
  • Form 8 Correction to a particular entry
  • Form 8A Transposition of name from one Part to
    another Part in same AC

81
Receipt of Forms of Claims and Objections
  • Only individual applications are to be accepted,
    except for an individual presenting the
    applications of the same households
  • BLO/DO/AERO/ERO should not receive Forms in
    bulk submitted by one person on behalf of many
    persons not belonging to the same family
  • (BLAs can submit upto 10 applications per day and
    a total of 30 applications during the entire
    revision)
  • It should be noted that
  • Form is not unsigned or without thumb impression
    (rule 17 of RER, 1960)
  • No column in the Form is left blank
  • Lists of the received forms shall be prepared in
    forms 9,10,11 and 11A and be displayed at EROs
    notice board, Polling Station notice board,
    Website of CEO

82
Preliminary Checking of Form 6
  • Applicants shifting residence in the same
    Constituency should be guided to file application
    in Form 8A and not Form 6 for transposition of
    entry
  • Details of the immediate family members (father,
    mother, husband, siblings) already enrolled in
    the current Rolls should be indicated for
    applicants applying for the first time on
    attaining age 18 years.
  • Date of birth and age should be indicated. Where
    age is not known, approximate age as on
    qualifying date should be written
  • For applicants between age 18-25 years, name and
    relation should be checked with respect to the
    applicants family members already enrolled
  • Underage applicant should not get enrolled
  • EPIC details should also be reflected in the Form
  • Non EPIC holders of 25 age-group should give a
    declaration in the Form as given in Annexure 5.7
    of EROs Handbook.

83
Preliminary Checking of Form 6
Annexure 5.7 For an Elector of 25 age group
not having an EPIC
84
Preliminary Checking of Form 6
  • Part II of Form 6 complete address ordinary
    residence address with proof should be checked.
    The proof can be any of the following documents
    Bank/Kisan/Post Office/Pass Book/ Ration
    card/Driving license/Passport/ Gas
    connection/Telephone/Electricity/Water bill etc.
  • For Homeless persons, residence proof may not be
    insisted upon.
  • If an applicant has been staying at an address
    for one year or more but not enrolled, then the
    circumstances why s/he has not applied should be
    ascertained and recorded on the application Form
  • Applicants should be advised to fill in the
    details like Part no., serial no. and EPIC no. of
    their immediate family members in Part III of
    Form 6
  • The applicant must fill Part IV related to the
    full details of previous enrollment especially
    the address
  • The declaration of Part IV, at the end of Form 6
    should be complete in all respects.
  • Check that a declaration of non-inclusion of
    name, should be attached by Service personnel
    along with Form 6

85
Preliminary Checking of Form 7 and 8
  • Form 7
  • Form should not be received without details of
    the objector and person objected to.
  • The Form without complete details may be rejected
    under rule 17
  • Form 8
  • Forms should have the exact details of the
    entries to be corrected in Part IV
  • The applicant must attach the supporting
    documents wherever needed

86
Handling the Forms Received
  • Every DO and BLO should prepare list of the
    entries in duplicate
  • in Form 9 of the claims received in Form 6
  • in Form 10 of the objections to the inclusion of
    names received in Form7
  • in Form 11 of the application for objection to
    particular details received in Form 8
  • in Form 11A of the applications for transposition
    received in Form 8A
  • The DO (Designated Officer) should display the
    copies of these Forms on notice board at the
    Designated Location
  • The DO should maintain the lists under Rule 15 of
    RER, 1960
  • EROs should also maintain the 4 lists of Forms
    under rule 16 of RER, 1960 and enter the entries
    directly received from AERO / DO/BLO
  • ERO should keep the exhibited list on notice
    board till the disposal of claims and objections
  • ERO should get all forms computerized in ERMS as
    soon as they are received so that they become
    visible on the CEO website and can be tracked by
    the applicant on the website and by SMS
  • All claims and objections have to be exhibited on
    CEOs website for atleast 7 days before EROs
    decide on them.

87
Disposal of Claims and Objections
  • All Form 6 without particulars of previous EPIC
    and more than 25 years of age should be checked
    and confirmed that they are not enrolled in some
    other area
  • All Forms 6 with previous EPIC details should be
    enrolled by informing the ERO of the previous
    area to delete the entry from that area and
    transfer the photo of that concerned elector
  • ERO may refer applications (Form 6,7,8,8A) to the
    AERO for disposal in accordance with law and both
    ERO and AERO can get the details locally verified
    by the verifying officers
  • ERO can reject the claims/objections not received
    during the period mentioned, under rule 17 of
    RER, 1960
  • ERO may directly allow the entry in the Roll
    under rule 18 of RER, 1960, if he/she is
    satisfied with the details or may verify in case
    if doubt

88
Disposal of Claims and Objections
  • ERO may ask the verifying Officer (Designated
    Officer, BLO etc.) to verify facts and receive
    entries with remarks in small batches either
    daily, weekly or whenever the number of
    applications exceed 50
  • An individual notice with date and time of
    hearing should be sent to the applicants in case
    of inquiry. The ERO has to give notice of hearing
  • In case of a claim to the claimant in Form 12
    (annexure 5.12) appended to RER, 1960.
  • In case of an objection to the inclusion of name,
    notice to objector in Form 13 (annexure 5.13)
  • In case of an objection to the, notice to the
    person objected to Form 13 (Annexure 5.13)
  • In case of objection to a particular or an entry
    Form 15 (annexure 5.15)

89
Disposal of Claims and Objections
Form 12 (Annexure 5.12)
90
Disposal of Claims and Objections
Form 13 (Annexure 5.13)
91
Disposal of Claims and Objections
Form 14 (Annexure 5.14)
92
Disposal of Claims and Objections
Form 15 (Annexure 5.15)
93
Disposal of Claims and Objections
  • Validity of any claim or objection can be allowed
    by ERO without further inquiry after the expiry
    of one week from the date on which it is entered
    in the list exhibited by him. (Rule 18, RER 1960)
  • The ERO has power to require any claimant,
    objector, person objected to, to appear in person
    before him for clarification and sub-rule (3) of
    rule 20 of RER, 1960, ERO can ask the information
    on oath / affidavit.
  • ERO should record the decisions with the reasons
    and should enter the decision just below the
    entries in the respective Forms 9,10,11, 11A
  • List of applications accepted and rejected should
    be displayed on the notice board for any claim or
    objections Form 6, 7, 8 and 8A
  • ERO should get the facts verified by the
    verification officer where the verifying officer
    should submit full particulars of verification
    like date of visit, if the person was physically
    present etc

94
Disposal of Claims and Objections
  • If the ERO is not satisfied of the age proof of
    the applicant even after the verification, he/she
    may take the evidence on oath of applicant as
    well as any member of family
  • Form 7 should be carefully scrutinized so that
    they are not used to delete names of genuine
    electors
  • In doubtful cases, where persons are not found at
    home during verification, ERO should send an
    individual notice with a date and time of hearing
    either before ERO or AERO
  • In case of inconvenience in traveling hearing
    could be held at the village/taluka/zonal offices

95
Matters of Citizenship
  • The ERO should ensure that all the entries made
    are fully eligible for conditions of registration
  • Citizen of India being one condition should be
    verified completely
  • Important points
  • Officer concerned will bear in mind the
    Constitution and Citizenship Act, 1955 and all
    other provisions related to the citizenship
    before passing the order
  • Though the onus of proof of citizenship lies on
    applicant, the ERO must be satisfied with all the
    proofs which can be any of the following
  • - National Register of Citizens (NRC)
  • - Citizenship certificate issued by competent
    authority
  • - Valid passport by Government of India
  • - Birth Certificate etc.
  • If still not satisfied the ERO should refer the
    matter to the competent authority under the
    relevant law

96
Documentary Proof of Age(Refer ECI Circular
No.23/2010-ERS-Vol-II dated 5th April, 2013)
  • No documentary proof of age is required if the
    age is obviously more that the age of
    eligibility. Documentary proof may be asked for
    only when age is borderline and can not be
    assessed by visual inspection of the applicant
  • Certificate or mark-sheet of class 12, 10, 8 or
    5 certificate of a sarpanch, councillor, ward
    member etc. are accepted as age proof

97
Documentary proof of residence
  • Documentary proof of residence may not be
    insisted if it is not available specially in case
    of homeless persons, tenants who have disputes
    with landlords, sex workers etc.
  • In such cases the BLO or some other officers can
    verify by visiting the place of residence
    mentioned in the application form that the
    applicant actually lives there

98
Supervision and Checks
Chief Electoral Officer Superintendence,
direction and Control of Elections Under
sub-Section (3) of Section 13 AA of RPA 1950
DEO Coordinate and Supervise all work related to
E-Rolls
  • ERO
  • Test checks quality of disposal of Forms
    6,6A,7,8, and 8A
  • 10 of Forms disposed by AEROs
  • AERO
  • Randomly field verifies 1 of
  • entries in Roll
  • Supervisor
  • Verify 5 of each of BLOs work
  • BLO
  • Proper verification of Forms 6,6A,7,8, and 8A

99
Suo- Motu Action by ERO after Draft Publication
  • Submission of statements by persons holding
    declared offices or having service qualification
    in forms 1, 2, 2A and 3 Verification in the
    manner specified in the form. (Rule 7 of RER
    1960).
  • Registration in the roll for the constituency in
    which, but for holding such office or having such
    qualification, he would have been ordinarily
    resident.
  • ERO will prepare the list of entries for
    inclusion, deletion and display on the notice
    board with time and place where actions would be
    taken
  • Unexecuted non-bailable warrant (NBW) cases
  • The person on whom an NBW remains unexecuted for
    a period of 6 months or more is not considered as
    the ordinary resident of the address mentioned
  • ERO may take suo-motu action of deleting the name
    after giving due notice with date and time of
    hearing

100
Appeal Against ERO's Decision
  • ERO's decision can be appealed to Appellate
    Officer in Form of a memorandum under rule 23 of
    RER, 1960
  • Appeal can be for the decisions under rule 20, 21
    and 21A of RER only
  • The appeal cannot be considered if he has not
    availed himself of the right to be heard or make
    representation to the EROs
  • On receiving an appeal, the Appellate Officer
    would
  • check if the appeal is received in time.
    Time-barred appeals would be rejected unless
    delay is duly condoned
  • call for the records of the concerned ERO
  • give opportunity to ERO to be heard
  • shall take the necessary actions and dispose the
    appeal in maximum 3 weeks
  • The changes made shall be considered from the
    date of decision taken
  • ERO to make the changes after the decision taken

101
Final Publication of Electoral Roll
102
List of Amendments (Supplements)
  • Final Roll is the Draft Roll with the lists of
    supplements prepared in the prescribed format.
  • Supplements have three components
  • Component I Additions
  • Component II Deletions
  • Component III Corrections
  • All components of supplements are in same
    language as of basic Electoral Roll published as
    Draft
  • Serial numbers for voters in Supplement -
    Component I is the continuation of last serial
    number in draft Roll
  • If there are no entries in one or more
    components, nil is entered under the relevant
    heading
  • In case of all nil amendments, nil Final
    lists of amendments are prepared

103
Statistical Analysis in Format 1 to 8
  • Assembly and PS wise analysis of EP ratio, Sex
    ratio, Age Cohorts, additions and deletions
    percentages against expected values
  • Permission to be sought from ECI for final
    publication based on Statistical Analysis

104
Printing of Final Roll
  • PDF copy of supplements with summary sheet is
    printed as soon as the Final lists of amendments
    are prepared and Finalized
  • Name and designation of ERO is printed at the end
    of all copies of Final lists of amendments
  • Parallel to the above, a pdf copy of supplements
    is appended to draft Roll and complete set of
    Electoral Roll is uploaded on CEOs website in
    public domain with search facility

105
Printing of Final Roll
  • Title page with date of publication should be
    added on the top
  • The order of pages stitched together are title
    page, table of contents, general Part of
    Electoral Roll and last Part (service voters) of
    Electoral Roll
  • Notice is displayed in Form 16 for statutory
    publication of Electoral Roll (Annexure 6.1)
  • ERO ensures the correct arrangement and
    completion of Electoral Roll before sending it
    for publication

106
Annexure 6.1
107
Free Supply of Copies to Recognized Political
Parties
  • ERO supplies free of cost two complete sets of
    Electoral Rolls to all the recognized political
    parties in the State (Both National and State
    recognized parties) after every publication of
    Roll
  • One copy is hard copy and other is soft PDF copy
  • Soft PDF copy has only elector details without
    photographs. It only indicates whether
    photographs are available
  • ERO prepares an authentic copy of Roll with each
    page ink signed by two assigned officers.
  • Copy of authentic Roll is kept with DEO for
    record purposes.

108
Final Roll in an Election Year
In the election year
  • Authentic copy of Roll is computer generated copy
    and all deletions are strike through in the
    mother Roll by software
  • DELETED is imprinted diagonally across the
    electors box in the photo Roll whose name is
    in deletion list with the authenticated
    signatures in red ink
  • Hash() mark is imprinted against the original
    record in Draft Roll to signify the correction
    entry in the supplement
  • Photo as in supplement is inscribed across the
    photo box for the photographs either added/
    corrected/ deleted
  • Another supplement to the Finally published copy
    of Roll is prepared due to the continuation of
    elector registration till last day of the
    nominations. The same procedure follows for
    additions/deletions/ corrections for this
    supplement

109
Final Roll in Non-Election Year
In the non-election year
  • Final Roll is published similarly as in the
    election year with only difference of
  • No need of marking strike-through or in the
    basic Roll to indicate changes effected in the
    supplements
  • Basic Roll is not re-printed at the time of Final
    publication
  • Number of copies required for Final publication
    is easily assessed and printed while printing the
    Draft Roll

110
Custody and Upkeep of Electoral Rolls and
Connected Papers
  • Following papers are kept in EROs office or at
    place specified by CEO after Roll is Finally
    published under Sub-rule(1) of Rule 32 of RER,
    1960
  • A complete copy of Roll
  • Statements submitted to ERO under Rule 7
  • Statements submitted to ERO under Rule 8
  • Register of enumeration Forms
  • Applications related to preparation of Roll
  • Manuscript Parts prepared by enumerating agencies
    and used for compiling
  • Papers related to claims and objections
  • Papers related to appeals under Rule 23
  • Applications under Section 22 23 of RPA,1950
  • Electoral Roll for each Polling booth is kept
    with the mother Roll folder related to
    intensive/summary revision plus all supporting
    documents as directed by ECI

111
Inspection Certified Copy of Electoral Rolls
  • (Ref Rules 32 and 33 of RER 1960)
  • Certified copy of relevant portions of Electoral
    Rolls and connected papers can be given
  • Only certified copy of entry related to oneself
    in photo Roll can be obtained by an applicant
  • Attested/certified copies of complete Electoral
    Roll is supplied under Right to Information Act
    2005 or Rule 23 of RER,1960 if demanded
  • Individual entries or selective pages are not
    provided under RTI

Slide 112
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