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5.4. Members of Parliament and State Legislatures

As members of Parliament and State Legislatures are required to remain away from their constituencies for a considerable part of the year in connection with their duties as such members, they may not be in a position to verify whether their names in the electoral rolls are continued from time to time, particularly when the rolls are revised. The Election Commission has, therefore, a system of special check in regard to their inclusion in the electoral rolls.

Exhaustive lists of the names of all sitting members of Parliament and the State Legislatures are prepared in respect of every assembly constituency.

The Chief Election Officer sends this list to the electoral registration officer of the constituency concerned.

This list is kept up-to-date and the electoral registration officer is kept informed from time to time of all changes therein.

At the time of the publication of the draft electoral rolls the electoral registration officer concerned has to certify to the Chief Electoral Officer that the name of every member of Parliament or State Legislature is included in the roll if he continues to be eligible for such inclusion.


Can a person confined in Jail vote?

No, a person confined in jail cannot vote in an election in India. As per the provisions given in The Representation of the People Act, 1951, (RPA) Section 62 (5), a person in prison, “under sentence of imprisonment or transportation or otherwise, or in the lawful custody of the police” is not eligible to cast his vote in an election.