AAP Tax Law
Representation of the People Act, 1951

Section 62: Right to Vote - Eligibility, Restrictions and Exceptions

Section 62 of the Representation of the People Act, 1951 sets out who may vote at an election and the statutory limits on exercising that right. It covers entry in the electoral roll, disqualifications, voting in multiple constituencies, repeated voting, custody-related restrictions and proxy voting.

Section 62: Right to vote - provisions explained

Section 62(1): Entry in the electoral roll

Except as expressly provided by the Act, a person entered for the time being in the electoral roll of a constituency is entitled to vote in that constituency, and a person not so entered is not entitled to vote there. Entry in the relevant electoral roll is therefore fundamental, subject to other statutory restrictions.

Section 62(2): Disqualifications under the 1950 Act

A person cannot vote if subject to a disqualification under Section 16 of the Representation of the People Act, 1950. Section 16 addresses disqualification for electoral-roll registration, including non-citizenship, being of unsound mind as declared by a competent court, or disqualification from voting under laws relating to corrupt practices and other offences in connection with elections.

Section 62(3): Voting in more than one constituency

No person may vote at a general election in more than one constituency of the same class. If a person does so, that person's votes in all those constituencies are void. The phrase same class concerns constituencies of the same electoral category; this is not a blanket rule against participation in legally distinct elections.

Section 62(4): Repeated voting in one constituency

No person may vote more than once in the same constituency at an election, even if their name appears in the electoral roll more than once. If the person votes more than once, all their votes in that constituency are void.

Section 62(5): Prisoners and persons in police custody

A person confined in prison, whether under a sentence or otherwise, or in the lawful custody of police, cannot vote at an election. This includes persons detained in prison while awaiting trial. The statutory proviso expressly excludes from this restriction persons subjected to preventive detention under a law in force. The distinction concerns custody status, not the existence of an electoral-roll entry alone.

Section 62(6): Exception for authorised proxy voting

The prohibitions in subsections (3) and (4) do not apply to an authorised proxy voter insofar as that person votes as proxy for an elector under the Act. This does not confer a general entitlement to appoint a proxy; proxy voting is permitted only for eligible electors under the applicable statutory provisions and rules.

Frequently asked questions

Can someone vote without their name on the electoral roll?

Ordinarily, no. Section 62(1) makes current entry in the relevant constituency's electoral roll a condition for voting, except where the Act expressly provides otherwise.

Can an undertrial prisoner vote?

A person confined in prison as an undertrial is generally covered by the restriction in Section 62(5). The statutory exception is for preventive detention under a law in force; being on the electoral roll does not itself remove the restriction.

Can a person held under preventive detention vote?

Section 62(5) does not bar voting solely because of preventive detention. The applicable voting arrangements, including any postal-ballot procedure under Section 60 and the Conduct of Elections Rules, 1961, must still be satisfied.

What if a voter votes twice?

Section 62(4) makes all the person's votes in the constituency void when they vote more than once there. Section 62(3) similarly voids their votes in all constituencies of the same class where they vote at a general election.

Official legal resources

Read the statutory provisions and the Conduct of Elections Rules, 1961 through India Code. For election procedures, electoral-roll services, instructions and notifications, consult the Election Commission of India and its official voter services. Eligibility and procedures should be checked against the current applicable law and election-specific directions.