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The fragrance of assembly elections has begun in Jammu and Kashmir. That's because the Electoral Commission has started work on the voter list. The commission says that 20 to 25 lakh new voters can be included in the voter list this time. This is because outsiders living in Jammu and Kashmir now also have the right to vote.
Jammu and Kashmir Electoral Director Hirdesh Kumar said,
People living here from other states can cast their votes by putting their names on the voter list. For this, they do not need a certificate of residence. Not only this, security force personnel deployed for security in Jammu and Kashmir can also include their names in the voter list.
Hirdesh Kumar said anyone who turns 18 before October 1, 2022, can add their name to the voter list. The final list of voters will be released on November 25. The last time the voter list arrived in Jammu and Kashmir was on January 1, 2019.
He said even military personnel stationed at J&K peace stations can add their names to the voter list.
The announcement provoked reactions from regional and national parties. The political parties of J&K criticized the Center and shouted foul. The statement has also given rise to certain assumptions among the people. Let's separate fiction from fact.
Can anyone vote in Jammu & Kashmir elections now?
Any Indian citizen (residing in the country) can vote in any state election. But this does not mean that you can vote in multiple elections. Election commission officials check all documents before adding names to the voter list. So, if a Delhi resident moves to Chennai they will have to remove their name from the Delhi voter register to vote. Then, get their name added to the Chennai electoral paper (provided they have the correct documents).
As per the announcement, in addition to local residents, only those people who work or live, called "usual residents", will be eligible to register as voters.
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After abrogation of Article 370, voter registration will be managed in accordance with the Representation of the People Act of 1950 and 1951.
According to this,
"the person who habitually resides to register in the electoral rolls of UT de J&K, provided that he/gets the name removed from the electoral roll of his home constituency.”
Any 'outsider' who decides to register as a voter in J&K will have to remove their name from the voter register in their native constituency. This is due to Sections 17 and 18 of the Representation of the People Act, which require that a voter can be registered in the electoral rolls of a single constituency.
These four forms listed below are essential for the elections–
1. Form 6 must be completed if a person wants to add their name to the voter list.
2. Form 7: This form must be completed in order to have one’s name removed off the voter list.
3. Form 8: If one needs some corrections to details, then form 8 needs to be filled
4. Form 6B: Linking of Aadhaar and voter ID.
It is important to note that prior to the repeal of section 370, non-locals residing in J&K could register as state voters under the Representation of the People of Jammu and Kashmir Act. However, during the registration process, they were classified as non-permanent resident (NPR) voters and were allowed to vote in assembly elections.
According to data available through the Electoral Commission, there were around 32,000 NPR voters in J&K during the last parliamentary election.
Political parties alleged BJP will import voters to win elections
Generally, a person can only be enrolled where he/she resides. In case, you have relocated, you must complete ‘Form 8A’ which allows you to change from one place of residence to another the same electoral district. The EC has said that a person cannot vote from their place of origin just because they have a house there and immigrants have to register in the place where they reside.
- You must complete the form that will include details such as your name, and current address of your habitual residence where you have moved.
- The request must be addressed to the Electoral Registry Officer of the constituency in which the transposition of the corresponding registration is required.
- All data to be filled out and sent to the Electoral Registry office.
- The form can be obtained at the Voter Registrar’s Office/ERO Assistant/designated locations/authorized centers.
- After submission, the application will be verified by the electoral officer, and on successful verification, your name will be included in the new place.
20-25 lakh new voters will be added to the electoral list, those who have no connection to J&K
The electoral register is a process that is carried out throughout the country. There are now four qualifying dates: January 1, April 1, July 1 and October 1 as eligibility for youth to register for voter registration as opposed to the previous single qualifying date of January 1.
The last revision of the electoral roll in J&K was carried out on January 1, 2019, three years ago. Based on the data available with the J&K CEO, between 2019 and 2022 there will be approximately 20-25 lakh voters added to the state roll.
The Special Summary Review (SSR) exercise has been notified for UT Jammu and Kashmir with reference to 1st October 2022, as the qualification date. This means anyone who reaches the age of 18 on or before October 1, 2022.
No requirement for domicile certificate to become voter?
The point of contention regarding the revision of the J&K voter list has to do with the requirement for proof of address for non-Kashmir immigrants. In his announcement, the CEO of J&K said that a person residing in J&K does not need a Permanent Resident Certificate or a certificate of domicile from Jammu and Kashmir to become a registered voter.
Prior to the repeal of section 370 in 2019, J&K had a special constitutional status in which the Permanent Resident Certificate was treated as a required document to register as a voter in the state. Without a proof of address, no outsider was allowed to register as a voter for the J&K Assembly Elections.
Following the political backlash on the matter from J&K politicians, the government also issued a clarification on the matter. Through a notice published in local newspapers, the UT Administration has said that the special campaign to update the electoral rolls has given rise to the "misrepresentation of the facts by vested interests."
However, the clarification remains silent on the key aspect of the announcement regarding the state of residence requirement to register as a voter in J&K. The clarification does not specify whether outsiders with a domicile or without a domicile certificate could register as voters.
Government clarification
Following the outrage, the government issued a clarification on Saturday. They said reports of a likely addition of more than 25 lakh voters was a "misrepresentation of the facts by vested interests".
The government said that Kashmiri immigrants
"will continue to have the option to vote at their place of registration or by postal ballot or through specially established polling stations in Jammu, Udhampur, Delhi, etc."
Local political parties’ criticism
Meanwhile, the regional parties are not happy with the new regulations.
Former Chief Minister and Peoples' Democratic Party (PDP) chief Mehbooba Mufti said:
"Voting rights for non-locals are aimed at holding rigged elections to allow the BJP to rule in Jammu and Kashmir."
She added that the BJP understood that after three years of ruling in J&K, it could not break the resistance of the silent people.
“The situation is not different only for Muslims, but for all communities, including dogras and Pandits,”
Mehbooba Mufti said, adding that this is the final nail in the coffin of democracy.
After Mufti, National Conference Vice President Omar Abdullah also stated that BJP is not sure of the support of genuine J&K voters. Therefore, needs to import temporary voters to win seats.
Former CM and National Conference Leader Omar Abdullah said:
"Despite this exercise, the BJP will not get any benefit when the local people of Jammu and Kashmir cast their vote."
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