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The Elections Act 2017 QUESTION #9421
Question 1
Under Section 40(2), before excluding a name from an electoral roll under sub-section (1)(b) or (c), the Commission must afford a reasonable opportunity of hearing to the affected person. This procedural requirement does NOT apply to exclusions under sub-section 1(a), which deals with:
  • Removing duplicate names from the same electoral roll
  • Inclusion of a name in the electoral roll — so no exclusion is involved, hence no hearing needed✔️
  • Excluding deceased persons from rolls
  • Removing disqualified persons from rolls
Correct Answer Explanation
Section 40(1)(a) deals with inclusion of names — not exclusion — so no hearing requirement arises. The hearing obligation under Section 40(2) attaches only to exclusion under clauses (b) [death/disqualification] and (c) [duplicate names].