GOVERNMENT OF KERALA
Election (General) Department
NOTIFICATION
No. 2427/EL2/2014/Elec.
Dated, Thiruvananthapuram, 3rd April 2014.
The Election Commission of India’s Notification No. 3/4/ID/2014/SDR-Vol. 1
dated 2nd April, 2014 is hereby republished.
By order,
NALINI NETTO,
Chief Electoral Officer.
G. 17/2014/DTP.
Kerala Gazette No. 17 dated 29th April 2014.
PART I A
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ELECTION COMMISSION OF INDIA
[ Nirvachan Sadan, Ashoka Road, New Delhi-110 001]
ORDER
No. 3/4/ID/2014/SDR-Vol. 1.
Dated, 2nd April, 2014.
1.
Whereas, Section 61 of the Representation of the People Act, 1951
provides that with a view to preventing impersonation of electors, so as to
make the right of genuine electors to vote under section 62 of that Act more
effective, provisions may be made by rules under that Act for use of
Electors Photo Identity Card for Electors as the means of establishing
their identity at the time of polling ; and
2.
Whereas, Rule 28 of the Registration of Electors Rules, 1960, empowers
the Election Commission to direct, with a view to preventing impersonation
of Electors and facilitating their identification at the time of poll, the issue
of Electors Photo Identity Card to electors bearing their photographs at
State cost ; and
3.
Whereas, Rules 49H (3) and 49K (2) (b) of the Conduct of Elections
Rules, 1961, stipulate that where the electors of a constituency have been
supplied with Electors Photo Identity Card under the said provisions of Rule 28
of the Registration of Electors Rules, 1960, the Electors shall produce their
Electors Photo Identity Card at the polling station and failure or refusal on
their part to produce those Electors Photo Identity Card may result in the
denial of permission to vote ; and
4.
Whereas, a combined and harmonious reading of the aforesaid
provisions of the said Act and the Rules, makes it clear that although the
right to vote arises by the existence of the name in the Electoral roll, it is also
dependent upon the use of the Electors Photo Identity Card, where provided
by the Election Commission at State cost, as the means of establishing their
identity at the time of polling and that both are to be used together ; and
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5.
Whereas, the Election Commission made an Order on the 28th August,
1993, directing the issue of Electors Photo Identity Card (EPIC) to all Electors,
according to a time bound programme ; and
6.
Whereas, Electors Photo Identity Card has been issued to more than
97% registered electors in the country ; and
7.
Whereas, the Commission has directed that ‘Authenticated Photo
Voters Slip’ shall be distributed to the electors.
8.
Now, therefore, after taking into account all relevant factors and the
legal and factual position, the Election Commission hereby directs that for
General Elections to the House of the People 2014 and the State Legislative
Assemblies of Andhra Pradesh, Arunachal Pradesh, Odisha & Sikkim and
bye-elections from 27 Assembly Constituencies being held simultaneously,
which have been notified/to be notified on 13-3-2014, 14-3-2014, 15-3-2014,
19-3-2014, 29-3-2014, 2-4-2014, 12-4-2014 and 17-4-2014, all Electors who
have been issued EPIC shall produce the EPIC for their identification at the
polling station before casting their votes. Those Electors who are not able to
produce the EPIC shall produce one of the following alternative photo identity
documents for establishing their identity:—
(i)
Passport ;
(ii)
Driving License ;
(iii)
Service Identity Cards with photograph issued to employees by
Central/State Government PSUs/Public Limited Companies ;
(iv)
Passbooks with photograph issued by Bank/Post Office ;
(v)
Pan Card ;
(vi)
Aadhar Card ;
(vii)
Smart Card issued by RGI under NPR ;
(viii)
MNREGA Job Card ;
(ix)
Health Insurance Smart Card issued under the scheme of Ministry
of Labour ;
(x)
Pension document with photograph ; and
(xi)
Authenticated Photo Voter Slip issued by the election machinery.
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9.
In the case of EPIC, clerical errors, spelling mistakes etc. should be
ignored provided the identity of the elector can be established by the EPIC.
If an elector produces an Electors Photo Identity Card, which has been issued
by the Electoral Registration Officer of another Assembly Constituency, such
EPICs shall also be accepted for identification provided the name of that elector
finds place in the electoral roll pertaining to the polling station where the elector
has turned up for voting. If it is not possible to establish the identity of the
elector on account of mismatch of photograph, etc. the elector shall have to
produce one of the alternative photo documents mentioned in para 8 above.
10.
Notwithstanding anything in Para 8 above, overseas electors who are
registered in the electoral rolls under Section 20A of the Representation of the
People Act, 1950, based on the particulars in their Passport, shall be identified on
the basis of their original passport only (and no other identity document) in the
polling station.
By order,
Sd.
(ASHISH CHAKRABORTY)
Secretary.