In its counter-affidavit, the ECI said that EROs are only permitted to accept objections to inclusion in voters’ lists without an enquiry only seven days after the publication of relevant notices and in the absence of a written demand for enquiry.
” … where a claim or enquiry has not been summarily rejected or accpeted without any enquiry, the ERO shall hold a summary enquiry into every such claim or objection, as provided under Rule 20,” the ECI’s counter stated.
In such summary enquiries, EROs may require persons to appear in-person and get evidence on oath, it was further submitted.
” … in most cases, the ERO also gets the claims and objections verfied by Booth Level Officers through on-the-spot local enquiry,” the ECI submitted.
Further, Rule 21 grants the officer powers to take remedial action on account of any inadvertent deletions that are brought to light prior to the publication of the final electoral roll, the ECI said. Rule 17, it was further submitted, enables EROs to reject those claims that were not filed in the correct format and within time.
Pertinently, these Rules have been held as being in line with the principles of natural justice in the Supreme Court decision in Lakshmi Charan Sen, the poll body contended.
The poll body also pointed out that Section 22(c) of the Representation of People Act provides for deletion of names of the deceased post verification of the same.
The affidavit was filed through advocate Amit Sharma.
Source: Barandbench
