# LAL BABU HUSSEIN AND ORS v. ELECTORAL REGISTRATION OFFICER AND ORS - **Citation:** [1995] 1 S.C.R. 877 - **Court:** Supreme Court of India - **Decided:** 1995-02-06 - **Case number:** Civil Appeal No. 1319of1995 - **Bench:** A.M. Ahmadi, N.P. Singh, Mrs. Sujata V. Manohar - **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/lal-babu-hussein-and-ors-v-electoral-registration-officer-and-ors-12929 - **Pages:** 20 ## Headnote A B Constitution of India-Arts. 5 to 7, 325-Citizenship Act, 1955-R.epresentation of People Act, 1950--Sections 16, 2~egistration of Electors Rules C 1960--Rule 21A-Electoral Rolls-Revision oHeletion of names already on roll~rocedure for removal-Guidelines issued. Citizenship Act, 195~Section 9-Citizenship Rules, 1966-Termination of citizenship-l'rocedure for. The Election Commission by an order dated 21-8-1992 issued a directive empowering Collectors of all Districts in India to determine if any person was or was not a foreigner. Enumerators were appointed and D the information collected by the enumerators had to be consolidated and furnished to the Collectors who were to get the same verified through the police/intelligence agencies or the like and then decide . the question E whether the person or persons concerned were citizens of India. The Electoral Registration Officers. were then expected to prepare a draft electoral roll on the basis thereof and publish it inviting objections, if any. The Electoral Registration Officer was to consider the request for inclusion of his name in the roll and decide thereon. Another directive da~ F 9-9-1994 was issued empowering the Electoral Registration Office~ to identity and declare the names of foreign nationals and delete their names from the electoral roll. Pursuant to these directives, extensive search was undertaken in police stations of Bombay and Delhi. Letters were issued by the police to about 1.67 lakh persons calling upon them t~ produce birth certificates, Indian passports, if any, citizenship certificates and/or ex- G tracts of entry made in the register of citizenship. Requests for extension of time were refused. Except the documents stated, no other proof was entertained. Onus of proof was on the addressee to prove that they were Indian citizens and ordinary residents of the constituency. The police identified the areas having substantial presence of foreign nationals. The H 877 878 SUPREME COURT REPORTS (1995) 1 S.C.R. A Electoral Registration Officer placed implicit reliance on the said document and raised a presumption in regard to its correctness. The notices · issued to the persons suspected to be foreigners carried a statement to the effect that the addressee was or was not a citizen of India. Claims were rejected solely on the report of the police without furnishing copies. Writ B petitions came to be filed challenging the police action. Several <;oncessions were made by the Advocate General. It was clarified that in all letters issued in future such a statement will not be printed or typed on the reverse of the notice; that the documents in support of proof of citizenship will not be confined to those specified. The petition was dismissed on the basis of these concessions. Hence this appeal. c Disposing of the matter, this Court HELD : 1.1. Proceedings are quashed and the Election Commission is directed, if so desired to initiate fresh proceedings by issuance of a notice under the relevant provision disclosing the material on the basis whereof D he had reason to. suspect that the person concerned was not a citizen of India. [894-H] 1.2. If any person whose citizenship was suspected was shown to have been included in the immediately preceding electoral roll, the Electoral E Registration Officer or any other officer inquiring into the matter. shall bear in mind that the entire gamut for inclusion of the name in the electoral roll must have been undertaken and hence adequate probative value be attached to that factum before issuance of notice and in subsequent proceedings. [895-A] F 1.3. The question whether a person is a foreigner is a question of fact wldch would require careful scrutiny of evidence since the enquiry is quasi-judicial in character. This question has to be determined by the Central Government. The enquiry being quasi-judicial, the Officer holding the enquiry must entertain all such evidence, the concerned affected person may like to tender evidenc ## Text _Characters 0–39,974 of 48,510. This is a partial read: ask again with offset=39974 for what follows._ LAL BABU HUSSEIN AND ORS. v. ELECTORAL REGISTRATION OFFICER AND ORS. ·FEBRUARY 6, 1995 (A.M. AHMADI, CJ., N.P. SINGH AND MRS. SUJATA V. MANOHAR, JJ.) A B Constitution of India-Arts. 5 to 7, 325-Citizenship Act, 1955-R.epresentation of People Act, 1950--Sections 16, 2~egistration of Electors Rules C 1960--Rule 21A-Electoral Rolls-Revision oHeletion of names already on roll~rocedure for removal-Guidelines issued. Citizenship Act, 195~Section 9-Citizenship Rules, 1966-Termination of citizenship-l'rocedure for. The Election Commission by an order dated 21-8-1992 issued a directive empowering Collectors of all Districts in India to determine if any person was or was not a foreigner. Enumerators were appointed and D the information collected by the enumerators had to be consolidated and furnished to the Collectors who were to get the same verified through the police/intelligence agencies or the like and then decide . the question E whether the person or persons concerned were citizens of India. The Electoral Registration Officers. were then expected to prepare a draft electoral roll on the basis thereof and publish it inviting objections, if any. The Electoral Registration Officer was to consider the request for inclusion of his name in the roll and decide thereon. Another directive da~ F 9-9-1994 was issued empowering the Electoral Registration Office~ to identity and declare the names of foreign nationals and delete their names from the electoral roll. Pursuant to these directives, extensive search was undertaken in police stations of Bombay and Delhi. Letters were issued by the police to about 1.67 lakh persons calling upon them t~ produce birth certificates, Indian passports, if any, citizenship certificates and/or ex- G tracts of entry made in the register of citizenship. Requests for extension of time were refused. Except the documents stated, no other proof was entertained. Onus of proof was on the addressee to prove that they were Indian citizens and ordinary residents of the constituency. The police identified the areas having substantial presence of foreign nationals. The H 877 878 SUPREME COURT REPORTS (1995) 1 S.C.R. A Electoral Registration Officer placed implicit reliance on the said document and raised a presumption in regard to its correctness. The notices · issued to the persons suspected to be foreigners carried a statement to the effect that the addressee was or was not a citizen of India. Claims were rejected solely on the report of the police without furnishing copies. Writ B petitions came to be filed challenging the police action. Several <;oncessions were made by the Advocate General. It was clarified that in all letters issued in future such a statement will not be printed or typed on the reverse of the notice; that the documents in support of proof of citizenship will not be confined to those specified. The petition was dismissed on the basis of these concessions. Hence this appeal. c Disposing of the matter, this Court HELD : 1.1. Proceedings are quashed and the Election Commission is directed, if so desired to initiate fresh proceedings by issuance of a notice under the relevant provision disclosing the material on the basis whereof D he had reason to. suspect that the person concerned was not a citizen of India. [894-H] 1.2. If any person whose citizenship was suspected was shown to have been included in the immediately preceding electoral roll, the Electoral E Registration Officer or any other officer inquiring into the matter. shall bear in mind that the entire gamut for inclusion of the name in the electoral roll must have been undertaken and hence adequate probative value be attached to that factum before issuance of notice and in subsequent proceedings. [895-A] F 1.3. The question whether a person is a foreigner is a question of fact wldch would require careful scrutiny of evidence since the enquiry is quasi-judicial in character. This question has to be determined by the Central Government. The enquiry being quasi-judicial, the Officer holding the enquiry must entertain all such evidence, the concerned affected person may like to tender evidence and disclose all such material on which he G proposes to place reliance. The concerned person must have a reasonable opportunity of being heard. The officer must apply his mlnd independently to the material placed before him and without being influenced by extraneous considerations or instructions. Appropriate order must be passed after considering the provisions of the Constitution and the H Citizenship Act and other related provisions bearing on the question of LAL BABU HUSSEIN v. ELECTORAL REGN. OFFICER 879 citizenship and then pass an appropriate speaking order. A . (887-C,895-C-E] 1.4. A person must be a citizen of India to be entitled to inclusion in the electoral rolls. Sub-section (2) of Section 16 of the Representation of the People Act, 1950 empowers striking off the name of a person who incurs a disqualification set out in clauses (a), (b) or (c) of sub-section (i) after his name is entered in the register of electoral rolls. Section 22 empowers the Electoral Registration Officer for a constituency to delete any entry already made if on enquiry he is satisfied that it is erroneous or defective in any particular or needs to.be transposed to another place in the roll etc. etc. Before any such action is taken the person concerned must he given an opportunity to be heard •. Two situations arise; the first where the name B c is to be entered on the rolls for the first time and second, where the name already entered is required to be deleted. In the first mentioned situation before the name is entered on the rolls, the concerned officer must be satisfied that the person seeking to have his name entered is not disqualified by reason of his not being a citizen of India. Therefore, he would D be justified in requiring the concerned person to show evidence that he is a citizen of India. In the second situation, since the name is already entered, it must be presumed that before entering his name the concerned officer must have gone through the procedural requirement under the statue. This would be so even if we invoke Section 114(e) of the Evidence E Act. But then possibilities of mistakes cannot be ruled out. These mistakes, if any, would have to be corrected. The issue would have to be decided after giving the concerned person a reasonable opportunity of being heard. If the opportunity of being heard before deletion of the name is to be meaningful and purposive one, the concerned person whose name is on the roll and is intended to be removed must be informed why a suspicion has arisen in regard to his status as a citizen of India so that he may be able to show that the basis for the suspicion is ill founded. Unless the basis for the doubt is disclosed, it would not be possible for the concerned person to remove the doubt and explain any circumstance or circumstances responsible for the doubt. [887-F-H, 888-A-G] Govt. of Andhra Pradesh v. Siyed Mohamad Khan, [1962] Supp. 3 SCR 288 and State of Uttar Prade~h v. Rehamatullah, [1971] 2 SCC 113, relied on. F ... G 1.5. The directive issued by the Election Commission on 9-9-1994, H 880 SUPREME COURT REPORTS t1995) 1 S.C.R. A prohibiting the officer from entertaining certain documents was quashed. The. documents will be received, if tendered, and its evidentiary value · assessed and applied in decision making. [895-F] 1.6. The final electoral roll with regard to those whose names were not sought to be deleted shall remain undisturbed. In . respect of the B petitioners, if the revision of the roll is not possible, they will be governed by previous roll. [896-B] 1.7. These guidelines not being exhaustive, the Officers concerned -... must, where special situations arise, conduct themselves fairly and in a C manner consistent with the principles of natural justice and should not appear to be acting on any pre-conceived notions. [895-H] . CIVIL ORIGINAL JURISDICTION: Writ Petition (C) No. 731 of 1994. D (Under Article 32 of the Constitution of India.) With Civil Appeal No. 1319of1995. E From the Judgment and Order dated 17.11.94 of the Bombay High Court in W.P. No. 2452of1994 F And Writ Petition (C) No. 56 of 1995. (Under Article 32 of the.Constitution of India.) K.T.S. Tulsi, Additional Solicitor General, Soll J Sorabjee, S.B. Wad and G. Ramaswamy, Ms. Neeti Dixit, Gopal Jain, Mukul Mudgal, Ms. Usha Reddy, Ms. J.S. Wad, Prashant Bhushan, Hemant Sharma, S.N. Terdol, P. G Parmeshwar, A Subba Rao, Ms. Shomona Khanna, Niranjan Reddy and S. Murlidhar for the appearing parties. The Judgment·of the Court was delivered by AHMADI, CJ. These three cases, two writ petitions under Article 32 H and one special leave petition under Article 136 of the Constitution of I. LAL BABU HUSSEINv. ELECTORAL REGN. OFRCER (AHMADI, CJ.) 881 India, raise certain vital issues regarding an individual's eligibility for A inclusion of his/her name in the electoral rolls of a given constituency. Article 325 of the Constitution envisages one general electoral roll for every territorial constituency for election to either House of Parliament or the Legislature of a State and under Article 326 elections to the House of the People and to the Legislative Assembly of every State must be on the basis B of adult suffrage; that is to say, every person who is a citizen of India and who is not less than 18 years of age on such date as may be fixed in that behalf by or under any law made by the appropriate Legislature and is not otherwise disqualified under the Constitution or any law on the ground of non-residence, unsoundness of mind, crime or corrupt or illegal practice, shall be entitled to be registered as a voter at any such election. Articles 327 and 328 empower Parliament/State Legislatures respectively to inter alia make provision with respect to all matters relating to, or connected with the preparation of electoral rolls by enacting an appr'.>priate law. The superintendence, direction and control of the preparation of the electoral c rolls has been vested in the Election Commission by virtue of Article 324 D of the Constitution. These are the relevant constitutional provisions bearing on the question of preparation of the electoral rolls and eligibility of every person to be included therein to which our attention 'fas drawn., The Representation of the People Act, 1950 (hereinafter called 'the 1950 Act'), inter alia, provides for the preparation of electoral rolls, E qualification of voters etc. Part III thereof comprising Section 14 to 25A provides for 'Electoral rolls for Assembly Constituencies'. Section 15 envisages an electoral roll for every Assembly Constituency. Section 16 prescribes the disqualifications for registration in an electoral roll. It says: a person shall be disqualified for registration in an electoral roll if he (a) F is not a citizen of India;· or (b) is of unsound mind and stands so declared by a competent court; or ( c) is for the time being disqualified from voting under the provisions of any law relating to corrupt practices and other offences in connection with elections. It further provides for striking off the name of any person who becomes disqualified after registration but if the disqualification is removed at any subsequent point of time, the proviso G lays down that the name of such person shall forthwith be reinstated in that roll. Section. 19 lays down the conditions of registration. It inter alia provides that every person who is not less than 18 yedrs of age on the qualifying date and is ordinarily resident in a constituency, shall be entitled to be registered in the electoral roll for that constituency. Section 20 gives H 882 SUPREME COURT REPORTS [1995] 1 S.C.R. A the meaning to the expression "ordinarily resident". Then comes Section 21 which provides for the preparation and revision. of electoral rolls. It envisages that the electoral roll of each constituency shall be prepared in the prescribed manner and shall come into force immediately upon its final publication. It contemplates revision of the electoral roll before each B · general election to the House of the People or to the Legislative Assembly of a State and before each bye-election to fill a casual vacancy in a seat allotted to the constituency. It further provides for the revision of the electoral roll in any year in the prescribed manner if such revision has been directed by the Election Commission. The proviso to that sub-section lays down that if the electoral roll is not revised the validity or continued C operation of the said electoral roll shall not thereby be affected. Subsection (3) of Section 21 which begins with a non obstante clause says that the Election Commission may at any time, for recorded reasons, direct a special revision of the electoral roll for any constituency or part of a constituency in such manner as he may think fit. Section 22 deals with the D correction of entries in electoral rolls. According to that section if the Electoral Registration Officer for a constituency is satisfied after inquiry that any entry in the electoral roll of the constituency is erroneous or .. defective in any particular or it is necessary to be transposed to another place in the roll on account of the person concerned having changed his place of ordinary residence within the constituency or is reqUired to be E deleted because the person concerned is dead or has ceased to be ordinarily resident in the constituency or is otherwise not entitled to be registered in that roll, the Electoral Registration Officer shall, subject to such general or special directions, if any, giver:. by the Election Commission in that behalf, amend, transpose or delete the entry. The proviso tc: that section F introduces the principle· of natural justice, in that, it enjoins the Electoral Registration Officer to give the person concerned a reasonable opportunity o~ being heard in respect of the action proposed to be taken in relation to him. Section 23 provides for the inclusion of names in electoral rolls. It says that any person whose name is not included in the electoral roll of a constituency may apply to the Electoral Registration Officer for the inG clusion of his name in that roll. On receipt of such an application, the Electoral Registration Officer is enjoined by sub-section (2) thereof to direct his name to be included therein en being satisfied that the applicant is entitled to be registered in the electoral roll. An appeal is provided against the decision of the Electoral Registration Officer under Section 22 H - .. LAL BABU HUSSEIN v. ELECTORAL REGN. OFFICER [AHMADI, CJ.) 883 or 23 to the Chief Electoral Officer. Lastly, Section 28 empowers the A Central Government to make Rules. These are some of the provisions of the 1950 Act which have a bearing on the questions at issue. Reference may now be made to the Registration of Electors Rules, 1960 (hereinafter called 'the 1960 Rules'), which came into force on January 1, 1961. Part II thereof concerns 'Electoral rolls for Assembly Constituencies'. Rule 5 provides that the roll shall be divided into convenient parts. Rules 10 and 11 contemplate the publication of draft rolls in the first place and inviting of objections, if any thereto. Rl;lles 12 to 16 deal with the lodging of claims and objections to the draft rolls. Rule 17 provides that claims or objections not lodged within the time allowed or in the specified form and manner shall be rejected. Rule 18 provides for acceptance of claims and objections without any inquiry if the registration officer B c is satisfied about the validity of any claim or objection. In all other cases, Rule 19 enjoins giving of notice of hearing, Rule 20 envisages a summary inquiry into the claims and objections in respect of which show cause notice under rule 19 had been given, recording of evidence and then recording of D decision thereon. Rule 21 provides for inclusion of names inadvertently omitted in the rolls. Rule 21A as amended with effect from 3rd September, 1987, lays down that if it appears at any time that owing to inadvertence or error or otherwise, the names of dead persons or person who have ceased to be, or are not entitled to be registered in the rolls, have been included therein, the registration officer shall exhibit the names, etc., of such electors on the notice board and also publish them in the manner prescribed and after considering the objections, decide whether or not the names of all or any of them should be deleted from the roll. This decision must be taken only after the concerned person has been accorded a reasonable opportunity to show cause against the proposed action. After all these requirements are over, Rule 22 contemplates the publication of E F the final list together with amendments. On such publication, the roll together with the list of amendments shall be the electoral. roll of the constituency. Rule. 23 provides for an appeal from any decision of the registration officer taken on the claims or objections filed against the draft G list. Rule 25 says that the roll of every constituency shall be revised either intensively or summarily or partly intensively and partly summarily, as the Election Commissioner may direct. This, in brief, is the procedure laid down for the preparation of the electoral rolls. H 884 SUPREME COURT REPORTS (1995] 1 S.C.R. A It may also be advantageous to notice the provisions in regard to B c D citizenship at this stage. Articles. 5 to 7 of the Constitution read as under: "5. Citizenship at the commencement of the Constitution.-At the commencement of this Constitution every person who has his domicile in the territory of India and- (a) who was born in the territory of India; or (b) either of whose parents was born in the territory of India; or ( c) who has been ordinarily resident in the territory of India for not less than five years immediately preceding such commencement, shall be a citizen of India. 6. Rights of citizenship of certain persons who have migrated to India from Pakistan. - Notwithstanding anything in Article 5, a person who has migrated to the territory of India from the territory now included in Pakistan shall be ·deemed to be a citizen of India at the commencement of this Constitution if - (a) he or either of his parents or any of his grant-parents was born in India as defined in the Government of India Act, 1935 (as E originally enacted); and F G (b) (i) in the case where such person has so migrated before the nineteenth day of July, 1948, he has been ordinarily resident in the territory of India since the date of his migration, or (ii) in the case where such person has so migrated on or after the nineteenth dar of July, 1948, he has been registered as a citizen of India by an officer appointed in that behalf by the Government of the Dominion of India on an application made by him therefore to such officer before the commencement of this Constitution in the form and manner prescribed by that Government: Provided that no person shall be so registered unless he has been resident in the territory of India for at least six months immediately preceding the date of his application. H 7. Rights of citizenship of cenain migrants to Pakistan. - Not- LAL BABU HUSSEIN v. ELECTORAL REGN. OFFICER [AHMADI, CJ.) 885 withstanding anything in Articles 5 and 6, a person who has after A the first day of March, 1947, migrated from the territory of India to the territory now included in Pakistan shall not be deemed to be a cil:izen of India: Provided that nothing in this article shall apply to a person who, after having so migrated to the territory now included in Pakistan, B has returned to the territory of India under a permit for resettlement or permanent return issued by or under the authority of any law and every such person shall for the purposes of clause (b) of Article 6 be deemed to have migrated to the territory of India after the nineteenth day of July, 1948." C Article II empowers Parliament to regulate citizenship rights by law. The Citizenship Act, 1955 was enacted to provide for the acquisition and determination of Indian citizenship. It received the assent of the D President on 30th December, 1955 and was published in the Gazette on the same day. Sections 3 to 7 thereof provide for acquisition of citizenship. Section 3 says that every person born in India on or .after 26th January, 1950 but before the commencement of the Citizenship (Amendment) Act, 1986 and those born in India on or after such commencement and either of whose parents is a citizen of India at the time of his birth, shall be a E citizen of India by birth. Sub-section (2) of that section, however, states that the person shall not be such a citizen by virtue of this section if at the time of his birth his father possesses such immunity from suits or legal process as is accorded to an envoy of a foreign sovereign power accredited to the President of India and is not a citizen of India or his father is an F enemy alien and the birth occurs in a place then under occupation by the enemy. Section 4 provides for citizenship by descent. This section (which has undergone changes) as it presently stands provides that a person born outside India on or after 26th January, 1950, but before the commencement of the Citizenship (Amendment) Act, 1992 shall be a citiZen of India by descent if his father is a citizen of India at the time of his birth or a person G born outside India on or after such commencement shall be a citizen of India by descent if either of his parents is a citizen of India at the time of his birth provided that in the latter case if either of the parents of such a person was a citizen of India by descent only, that person shall not be a citizen of India by virtue of this provision unless his birth is registered at H 886 SUPREME COURT REPORTS [1995] 1 S.C.R. A an Indian Consulate within the given time frame or either of his parents is, at the time of his birth, in service under Government of India. Section 5 deals with citizenship by registration. It empowers the prescribed authority to register a person as a citizen of India who is not already such citizen by virtue of the Constitution or any other provisions of the Citizenship Act and belongs to any one of the five categories set out in Clauses (a) to (e) B thereof. Section 6 deals with citizenship by naturalisation. Section 6A was enacted by Act 65 of 1985 to give effect to the Assam Accord. Section 7 is also not relevant for our purpose as it provides for citizenship by incorporation of territory. Sections 8 to 10 provide for termination of citizenship. Section 8 states that if any citizen of India who is alsc a citizen C or national of another country, makes a declaration renouncing his Indian citizenship, the declaration shall be registered whereupon the person shall cease to be a citizen of India. Section 9 is relevant and may be reproduced: D E F "9. Tennination of citizenship-- (1) Any citizen of India who by naturalisation, registration or otherwise voluntarily acquires, or has at any time between the 26th January, 1950 and the commencement of this Act voluntarily acquired, the citizenship of another country shall, upon such acquisition or, as the case may be, such commencement, cease to be a citizen of India: Provided that nothing in this sub-section shall apply to a citizen of India who, during any war in which India may be engaged, voluntarily acouires the citizenship of another country, until the Central Government othernise directs. (2) If any question arises as to whether, when or how any person has acquirea the citizenship of another country, it shall be determined by such authority, in such manner, and having regard to such rules of evidence, as may be prescribed in this behalf." Section 10 provides that a citizen of India who is such by naturalisation or by virtue of marriage to a citizen of India or by registration otherwise then G under clause b(ii) of Article 6 of the Constitution or clause (a) of sub-section (1) of section 5 of the Act shall cease to be a citizen of India if he is deprived of the citizenship by an order of the Central Government under this section. It will be seen from sub-section (2) of Section 9 that if any question arises as to whether, when and how any person has acquired the H citizenship of another country, it shall be determined by such authority, in - -- LAL BABU HUSSEIN v. ELECTORAL REGN. OFFICER [AHMADI, CJ.) 887 such manner and having regard to such rules of evidence as may be A prescribed in that behalf. If we turn to the Citizenship Rules, 1966 we find detailed provisions in regard to the procedure to be followed for the acquisition of citizenship and for the termination thereof. It will thus be seen that if a person has acquired citizenship of India and a question arises whether or not he/she has lost the citizenship by acquisition of the citizenB ship of a~other country, that question has to be resolved by the authority prescribed under the Act. Thus, the question whether a person is a foreigner is a question of fact which would require careful scrutiny of evidence since the enquiry is quasi-judicial in character. This question has to be determined by the Central Government, vide Government of Andhra Pradesh v. Syed Mohd. Khan, [1962) Supp. 3 SCR 288 and State of U.P. v. C Rehamatu/lah, [1971) 2 SCC 113. From the resume of the aforementioned provisions of the Constitution and the Citizenship Act, it becomes clear that whenever any authority is called upon to decide even for the limited purpose of another law, D whether a person is or is not a citizen of India, the authority must carefully examine the question in the context of the constitutional provisions and the provisions of the Citizenship Act extracted hereinbefore. In the instant case Article 325 of the Constitution provides for one general electoral roll for every territorial constituency; so does Section 15 of the 1950 Act. This has E to be done under the superintendence, direction and control of the Election Commission as per the mandate of Article 324 of the Constitution. Section 16 of the 1950 Act in terms states that a person shall be disqualified for registration in an electoral roll if he is not a citizen of India. Put positively a person must be a citizen of India to be entitled to inclusion in the electoral roll. Sub-section (2) of the said section empowers striking off F the name of a person who incurs a disqualification set out in clauses (a), (b) or (c) of sub-section (1) after his name is entered in the register of electoral rolls. Otherwise every person who is not less than 18 years of age on the qualifying date and is ordinarily resident in a given constituency is entitled to be registered. Section 22 empowers the Electoral Registration Officer for a constituency to delete any entry already made if on enquiry G he is satisfied that it is erroneous or defective in any particular or needs to be transposed to another place in the roll or the concerned person has died or· has ceased to be ordinarily resident in that constituency or that he is otherwise not entitled to be registered. Of course before any such action is taken the person concerned, except in the case of death, must be given H 888 SUPREME COURT REPORTS [1995] 1 S.C.R. A an opportunity to be heard. Similar is the provision in Rule 21A of the 1960 Rules which empowers the registration officer before final publication of the roll to delete the name or names of any person or persons which have been entered owing to inadvertence or error if ·the person concerned is dead or has ceased to be ordinarily resident in that constituency or is B otherwise not entitled to be registered. The procedure for exercise of the said power is set out therein and conforms to the requirements of the principles of natural justice. It is obvious from the above that two situations arise; the first where the name is to be entered on the rolls for the first time and the second where the name already entered is required to be deleted. In the first mentioned situation before the name is entered on the C rolls, the concerned officer must be satisfied that the person seeking to have his name entered is not disqualified by reason of his not being a citizen of India. Therefore, he would be justified in r