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• If the name is omitted from the Punjab SIR, will Raghav Chadha become MP?
• Know the exact rule of Rajya Sabha
• Threat to Rajya Sabha membership of Raghav Chadha?
• What will happen if the name is omitted from the voter list, read the rules

Raghav Chadha: Currently SIR is being widely discussed. In many parts of the state SIR A survey is being conducted. Along with this, there is also talk that the names of those whose names are not in the SIR will be omitted from the voter list. Meanwhile, the issue of Raghav Chadha's name not being included in the draft voter list of SIR in Punjab has been discussed. In this background, if his name is finally excluded from the voter list, the question arises whether his Rajya Sabha membership will be affected. However, as per the election rules applicable for the Rajya Sabha, simply because the name is not in the voter list of the respective state, the MP does not automatically go away.

Is it necessary to be a Punjab voter?

In order to represent a state in the Rajya Sabha, the person concerned was previously required to be a voter of the same state. But in 2003, this provision was significantly changed. After that, the person contesting the Rajya Sabha election is no longer required to be a voter of the respective state. A candidate's name must be recorded in the electoral roll of a parliamentary constituency in India. Therefore, the name being omitted from the electoral roll in Punjab does not automatically terminate Raghav Chadha's Rajya Sabha membership.

SIR Voter List: Voters, check the name! Draft list of SIR released, appeal to citizens to check name

What was the rule before 2003?

Prior to 2003, Section 3 of the Representation of the People Act, 1951 required a candidate to be elected to the Rajya Sabha from a state to be in the electoral roll of that state.

Parliament amended this provision in 2003. After the amendment came into effect from 28 August 2003, the condition of being a voter in the concerned state was removed. Therefore, a person who is a resident or voter of one state can contest Rajya Sabha elections from another state if he fulfills other eligibility conditions.

The change in the rule had reached the Supreme Court

This change made in 2003 was challenged in the Supreme Court. In the case of Kuldeep Nair v. Government of India, the Supreme Court upheld the constitutional validity of the relevant legislative change. Therefore, it is not mandatory to be a resident or a voter of the respective state to be a member of the Rajya Sabha.

So why is it important to have a name in the voter list?

Although not necessarily a voter in the concerned state Rajya Sabha The issue of being registered as a voter in India is one of the essential qualifications for election. Therefore, the dispute of name in the electoral roll in Punjab and the cancellation of Rajya Sabha membership cannot be considered as the same thing.

Raghav Chadha's name was earlier recorded in the electoral roll in Delhi and is said to have been registered in Punjab later. Hence, if a question arises regarding the name in the SIR process in Punjab, it can be dealt with through the claim-action process.

Difference between draft and final voter list also

Another important point is that the list currently under discussion is said to be a draft voter list. After the publication of the draft list, the voters have a process to file claims and objections. Therefore, absence of a name in the draft list does not necessarily mean that the voter registration has finally been cancelled.

So the exact status of Raghav Chadha's voter registration will be clear only after the final process of SIR. However, it would not be correct to conclude that his Rajya Sabha membership will be lost immediately just because his name was removed from the electoral roll of Punjab.

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