ceojk.nic.in Voting Scheme for Kashmiri Migrants Jammu & Kashmir
Organisation : Chief Electoral Officer Jammu & Kashmir
Facility : Voting Scheme for Kashmiri Migrants
Voting Scheme : https://www.electionin.in/uploads/182-Voting%20scheme%20for%20Kashmiri%20migrants.pdf
Home Page : http://ceojk.nic.in/
Scheme for Kashmiri migrants to vote
Scheme for Kashmiri migrants to vote in person at transitory camps & by postal ballot :
2.1 ln the Jammu and Kashmir Representation of the People Act I957, there is already a special provision in Section 36 A to provide polling stations outside the territorial limits of the constituency to enable such class of persons of those constituencies as may be specified by the Election Commission in consultation with the Government of the State.
Related / Similar Service :
CEO Jammu & Kashmir Form ME For Migrant Employees
For facility of reference, the said Section 36 A is reproduced as below
36-A. Provision of polling stations outside the territorial limits of a constituency for ‘ security reasons. * (1) Notwithstanding anything contained in section 36, the District Election Officer shall, with the previous approval of the Election Commission, provide polling stations, outside the territorial limits of the constituency lying within his jurisdiction, to enable such class of persons of that constituency as may be notified under sub-section (2) to vote at an election.
The Election Commission may, in consultation with the Government, by notification in the Gazette, specify such class of persons for the purposes of. sub- section (1) who for reasons of security are not in a position to give their votes in the polling station provided under section 36.
Thus, setting up of the special polling stations for the migrant voters registered in any of the assembly constituencies in the State of Jammu and Kashmir in the transitory camps in Jammu, Delhi, etc, is already permissible under the State law.
2.2 In view of the legal position stated in the preceding para 2.1, the Election Commission had, in consultation with the State Government, specified vide notification No. 3/J&K12014(S) dated 21st October, 2014 in terms of Section
36 A (2) of the Jammu & Kashmir Representation of the People Act 1957, the Kashmiri migrants whose names are registered in any of the 46 assembly constituencies in the Kashmir province, as a class of persons for whom the polling stations may be provided outside the territorial limits of those constituencies, i. 6., special polling stations at Delhi, Udhampur and Jammu, etc. For this purpose, the State Government has been consulted as required under the said Section 36 A (2). At the special polling stations to be so provided, not only the above voters (hereinafter referred to as ‘specified voters’) who are living in the transitory camps but also such of the other migrant voters as are interested and willing to go to those polling stations by making their own arrangements may also be made eligible to vote in person.
2.3 Simultaneously, those of the Kashmiri migrants who are living far away from the camps, etc., and wish to vote by post, have been separately notified as ‘notified voters’ vide Notification No. 3/J&K/2014(N) dated 27th October, 2014 in terms of Section 70 (c) of the said Act read with rule 27 A (b) of the J&l<. Conduct of Election Rules, 1965.
Appointment of Assistant Returning Officers for ‘specified’ and ‘notified’ voters :
3. To operationalise this scheme, Assistant Commissioner, ( Central) with Divisional Commissioner, Jammu has been designated as the Assistant Returning Of?cer for migrant voters ( specified & notified voters) of all the 46 Assembly Constituencies of the Kashmir Province settled at camps in Jammu. He will be responsible for the receipt of applications from the electors who wish to vote at the special polling stations and also from those who wish to vote by post. He will also be responsible for preparation of marked copies of the electoral rolls for those polling stations, etc, and all other arrangements for the conduct of polls at these polling stations. He will also handle supply of postal ballot papers.
3.1 Likewise, Deputy Director, Horticulture, Planning & Marketing, New Delhi, who will operate from the office of Resident Commissioner, J&K House , New Delhi, has been appointed as the Assistant Returning Officer for speci?ed migrant voters in Delhi , for the receipt of applications, conduct of poll, etc. at the special polling station(s) in Delhi and Collector, Northern Railways, Udhampur has been appointed as Assistant Returning Officer for specified migrants voters at Udhampur in respect of the special polling station(s) at Udhampur.
Further, these Assistant Returning Officers have been made responsible not only for the conduct of poll at the special polling stations but also for the counting of votes cast at these polling stations, which would obviate the necessity of transporting the EVMs used at these polling stations to the Returning Officers of the 46 Assembly Constituencies across the Kashmir province. The result of the counting of the votes polled at these polling stations will be ascertained by the said Assistant Returning Officers and communicated to the Returning Officers concerned which would be taken by the latter into account for determining and declaring the final result of the election in their constituencies