Through the State elections you are electing the Members of the State Legislature who will represent your constituency at the state level. The State Legislature might have an Vidhan Parishad (Upper House) or not, but it always has the Vidhan Sabha (Lower House). (( Chapter III, Part VI, Constitution of India, 1950.))
Each member of Lower House of a state is elected for 5 years, and each member of Upper House is elected for 6 years.
The number of members of the State Legislature varies across states, depending upon the population in that state. For example, the State Legislature of Uttar Pradesh has a considerably greater number of members than Pudcherry.
Every Indian citizen over the age of 18(( Article 326, Constitution of India, 1950.)) has the right to participate and vote in national, state, district as well as local government body elections. You have to register yourself as a voter on the electoral roll of your constituency. To register on the electoral roll you have to ensure that(( How to Register a Vote, Systematic Voters Education and Electoral Participation, available at https://ecisveep.nic.in/)):
You are a citizen of India.
You are above the age of 18 years
You are mentally fit
You haven’t been convicted by a court for committing any of the following crimes:
Bribery
Voting on behalf of someone else
Trying to prevent someone from voting by threatening them
Inciting or promoting hatred and violence between people
Obstructing or destroying election processes/documents
Please follow the steps given below to know how to vote.
Before you go to the polling station, please verify if your name is on the electoral roll of your constituency. You can do that by checking the list here.
Indian Resident Voter:
Take your Voter ID card with you to the polling station. If you do not have a Voter ID card, you can take other forms of identification also. But only those that have the same address as the one mentioned in the electoral roll of your constituency/Voter ID card.
NRI Voter (( Overseas Electors, Election Commission of India, available at https://eci.gov.in/faqs/voter-electors/overseas-electors/faqs-overseas-electors-r12/.)):
Take your passport with you to the polling station.
You will have to wait in line till your turn comes to vote. The women, men and people with disabilities will be allowed to enter separately and only one voter can enter at a time. You will see a notice which is displayed on the polling station building or hall, which gives information regarding:
The polling area, and the different polling stations with their addresses (if there are more than one).
List of voters in each polling stations.
List list of candidates standing for elections.
Inside the Polling Booth
As you enter the polling booth, the First polling officer will verify if you have the valid ID and you are on the electoral roll. Once it is verified that you are a bonafide voter the Second Polling Officer will put an ink mark on your left index finger. This is done to ensure the voting officials of the fact that you have voted and to not allow a person to vote multiple times.
If you do not have a left index finger then watch this video to understand what will be done. If you already have an ink mark on your finger or if you refuse to put the ink mark, then you will not be allowed to vote.
The officer will(( Handbook for Presiding Officers, Election Commission of India, available at, https://ceodelhi.gov.in/WriteReadData/HandBooks/Handbook_for_Presiding_Officers.pdf.)):
Make a record of your Voter ID Number in Form 17A.
Ask you to put your thumb impression or signature in a book known as the Register of voters.
Mark your name on a copy of the electoral roll, thereby permitting you to vote.
After this, you will have to proceed to the voting compartment.
As a voter, you will cast your ballot by using an EVM Machine or Electronic Voting Machine. It is a machine which is operated electronically and helps record votes. (( Section 61A, The Representation of People Act, 1951.))
Moving to the Voting Compartment(( Electronic Voting Machines, Election Commission available at https://eci.gov.in/evm/))
An Electronic Voting Machine consists of two Units – a Control Unit and a Balloting Unit – joined by a five-meter cable. The Control Unit is kept with the Presiding Officer or a Polling Officer and the Balloting Unit is placed inside the voting compartment, where you vote. The Presiding Officer or the Polling Officer releases the ballot for you so that you can cast your vote,
A list of candidates’ names and symbols will be available with a blue button next to it. You have to press the button next to the name of the candidate’s name that you wish to vote for. If you do not wish to vote for any particular candidate, then you have the option to select the NOTA – None of the Above option in the EVM Machine.
Right after you have voted, you will see a green light on the VVPAT Machine will be placed next to the EVM Machine, which will indicate that you have voted. You will also see a printed slip which is printed containing the serial number, name and symbol of the candidate which you can see through a transparent window for 7 seconds. This printed slip automatically gets cut and falls in the sealed drop box of the VVPAT.
You cannot vote more than once and even if you make a mistake, you cannot undo it. Even if your name comes twice in the electoral roll or your name comes in two different constituencies electoral rolls, you can only vote once. If you vote twice, then both your votes are not counted. There is nothing you have to do after all this is over. Once you exit the polling station, you have completed the voting process.
You can register for a new Voter ID Card for free either in person or online by filling out Form 6, which is the application form to register as a voter in India.
If you meet all the requirements (( Voter Portal, Election Commission of India, available at https://voterportal.eci.gov.in/)), your name will be added to an ‘electoral roll’ which is a list of names of voters in a particular constituency.
Step 1: Fill out Form 6
Download Form 6 which is available in Hindi, English, and Malayalam and fill it out, or look up your Electoral Registration Officers or the Booth Level Officers and request for Form 6. If you are a disabled person, you will receive assistance at the office.
Step 2: Include Supporting Documents
If you are filling the form online or in person, you will need self-attested documents:
Recent colored, passport-size photo
Copy of Age Proof (Birth Certificate, School Certificates (Xth and XIIth))
Copy of Address Proof (Passport, Aadhar Card, Driving License)
Step 3: Submit the Form
If you have filled the application in person, you must submit the Form and the documents to the Electoral Registration Officers or the Booth Level Officers of your polling station. You can find out where the offices are here. If you have filled Form 6 online, then you do not have to visit the office. You can even send the form via post to the offices along with the required self-attested documents.
Step 4: Wait for Voter ID Card
A booth level officer will visit the address given in the Form, to verify the details you gave in your application. After the Voter ID card is ready, a booth level officer will either send/drop it off to your address or will request you to collect it from the Electoral Registration Office. Your name will be added to an ‘electoral roll’ which is a list of names of voters in a particular constituency. You can even check online if your name is on the electoral roll.
You can apply to change your details provided in your Voter ID card only for the specific reasons given below(( Voter Portal FAQ, Election Commission of India, available at https://voterportal.eci.gov.in/faq)):
In case of incorrect name, age, Date of birth, etc.
If you wish to change or correct your name, photo, age, Voter ID Card Number or EPIC number, address, date of birth, gender, name of relative or type of relation in your voter ID card, you must fill Form 8 and submit it either online or physically to the Electoral Registration Officer.
In case of shifting houses within the constituency
If you are shifting your permanent place of residence within the same constituency, you must have your address changed in the electoral roll. In order to do so, you must fill Form 8A and submit it either online or physically to the Electoral Registration Officer.
In case you shift outside of your current constituency
If you are shifting your permanent residence to a place outside your constituency, you must have your name deleted from the present electoral roll or have someone file an application to remove your name for you. Once you have done this, you must re-register yourself as a new voter and check the box in Form 6 next to ‘due to shifting from another constituency’ and submit it to the Electoral Registration Officer.
The announcement of voting dates will be made by the Election Commission of India and it is made available on their website. It will include the dates on which voting will take place in your State. (( Section 135B, The Representation of People Act, 1951.))
Paid Holiday
The day on which voting takes place in your constituency, it is supposed to be declared as a paid holiday by law. This is to allow you to vote freely without any pressure from your workplace. If you are employed at any business, trade, industrial undertaking or any other establishment or even as a daily wage laborer, you must be given a paid leave by your employer on the day of voting.
Punishment for Employer
If you do not get a paid leave on that day, your employer can be punished with a fine of maximum Rs. 500. (( Section 135B, The Representation of People Act, 1951.))
Verifying your name on the electoral roll is important. Before you go to the polling station to cast your vote, you can verify if your name is included in the electoral list of your constituency, by any of the following methods(( Voter Portal FAQ, Election Commission of India, available at https://voterportal.eci.gov.in/faq.)):
Online
You can visit NVSP’s Electoral Search website and fill in the required details, such as your name, age, the State, district and the assembly constituency where you reside. If you are on the electoral roll, your details along with your EPIC number will be verified by the website.
In Person
If you are not able to verify your name online, you can call 1950 and ask for the details of the office where you can go to check your name on the electoral list. They will also inform you to take relevant documents or identification for the purpose of verification.
Follow the steps given below to find your polling station to vote. (( Section 25, The Representation of People Act, 1951.))
Polling Booth/Station
If you are a registered voter with a Voter ID Card, then you have to visit a polling station on the voting day in your constituency.
A polling booth or station is fixed at a building or a hall where the voters of the concerned polling area cast their votes. Usually polling stations are set up in permanent places like schools, government buildings etc, but they can also be set up in private buildings or buildings outside the polling area if space is not available.
The polling station will usually be only 2 kilometers away from your place of residence. Only in hilly areas or forest areas, it may be set up further away.
You may vote without a voting card. You can carry any of the following documents to the polling station to cast your vote(( Photo voter slips not to be valid as stand-alone identification document for voting, Election Commission available at https://eci.gov.in/files/file/9367-photo-voter-slips-not-to-be-valid-as-stand-alone-identification-document-for-voting/)):
Voter ID Card/EPIC
Aadhar Card
MNREGA Job Card
Passbook issued by Bank/Post Office with Photo
Driving license
Service Identity Cards (issued to employees by Central or State Government/PSUs/Public Limited Company)
PAN Card
Passport
Pension Document (with photo)
Smart Card issued by RGI under NPR
Health Insurance Smart Card (issued under the scheme of Ministry of Labour)
An Electronic Voting Machine(( Section 61A, The Representation of People Act, 1951; Electronic Voting Machines, Election Commission available at https://eci.gov.in/evm/)) consists of two Units – a Control Unit and a Balloting Unit – joined by a five-meter cable. The Control Unit is kept with the Presiding Officer or a Polling Officer and the Balloting Unit is placed inside the voting compartment, where you vote. The Presiding Officer or the Polling Officer releases the ballot for you so that you can cast your vote.
A list of candidates’ names and symbols will be available with a blue button next to it. You have to press the button next to the name of the candidate’s name that you wish to vote for. If you do not wish to vote for any particular candidate, then you have the option to select the NOTA – None of the Above option in the EVM Machine.
Right after you have voted, you will see a green light on the VVPAT Machine will be placed next to the EVM Machine, which will indicate that you have voted. You will also see a printed slip which is printed containing the serial number, name and symbol of the candidate which you can see through a transparent window for 7 seconds. This printed slip automatically gets cut and falls in the sealed drop box of the VVPAT.
You cannot vote more than once and even if you make a mistake, you cannot undo it. Even if your name comes twice in the electoral roll or your name comes in two different constituencies electoral rolls, you can only vote once. If you vote twice, then both your votes are not counted.
There is nothing you have to do after all this is over. Once you exit the polling station, you have completed the voting process.
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