Two caste certificates from two states
Jolly Kumar
(Querist) 27 March 2013
This query is : Resolved
Hi sir,
A happy holi to all of you!
I am a resident of Delhi by birth and belong to scheduled caste community. My father had made my caste certificate from Delhi about 10 years ago. My distant family lives in Saharanpur UP at my ancestral place. About 2 years ago, my distant uncle from Saharanpur visited my home and asked whether I have caste certificate from UP or not. I told him that I do not have so. He said that everybody is making caste certificate from UP also. He said that he will get them made for me. He took 4 photographs of mine and after about 2 months he returned back with my caste certificate from UP and also Voter-ID though I already had a voter-ID from Delhi. I just kept them and at that point of time I didn't have a faintest idea that keeping two caste certificates and two voter Id is not proper.
Now a few days back, I was going through the Representation of Peoples Act 1951 on internet and learned that section 17 says 'No person to be registered in more than one constituency'. Now, this came as a shock to me. I now figure out from this fact that according to some act and some rules, it would also be improper to keep two caste certificates. However, my caste is same on both certificates and both are recognized scheduled castes in Delhi and UP.
I would also like to state that I have never used and do not intend to use any certificate from UP and Delhi is my only address. On the contrary, I have applied two times in UP PCS in general category and also cleared prelims.
Now, I would kindly like to know from your good selves that have I done any crime? What would happen, in worst case, if I keep them. Can I get my caste certificate and voter ID from UP cancelled? Will it have any repercussions?
Thank You
Devajyoti Barman
(Expert) 27 March 2013
This is not crime but do submit any of the voter card asap.
Jolly Kumar
(Querist) 27 March 2013
Sir, where to submit voter card ? What excuse should I write in my application ? Thanks for your reply
Devajyoti Barman
(Expert) 27 March 2013
Get in touch with Election Commission where you wish to submit the same.
Jolly Kumar
(Querist) 27 March 2013
I want to retain Delhi voter-card because I was born and brought up in Delhi. I want to get rid of Saharanpur voter card. Though my ancestral village is at Saharanpur but I have never been to there! Should I go to District Electoral Office ?
adv. rajeev ( rajoo )
(Expert) 27 March 2013
Return the voter ID obtained in UP to the election office of your taluk or dist.,
Jolly Kumar
(Querist) 27 March 2013
Should I request them that my name and such Id number be struck off from their respective electoral roll ? Do I have to mention any reason that I already have a voter Id in a different state? Is possession of two voter IDs of different states at once a punishable crime ?
Thanks a lot to esteemed experts.
I wish if I were a lawyer.
Devajyoti Barman
(Expert) 27 March 2013
Need not mention anything. Simply surrender one card .
Jolly Kumar
(Querist) 27 March 2013
I have confirmed my name in UP election roll from internet. Can I send an application from my home to district election office or do I have to visit personally ?
ajay sethi
(Expert) 27 March 2013
you will need an acknowledgement of application made by you . if you cant visit personally send it through a close relative .
.
Jolly Kumar
(Querist) 27 March 2013
receiving on a copy of application ?
ajay sethi
(Expert) 27 March 2013
yes on copy of the letter surrendering voter id card
Raj Kumar Makkad
(Expert) 27 March 2013
You need not to worry. Get the certificate of UP cancelled by writing a specific letter to the issuing authority teling that authority that as you are residing permanently in Delhi so that certificate as issued by him is not required.
Jolly Kumar
(Querist) 27 March 2013
Thank you esteemed Sirs for your generous reply. Just one final query so as to confirm myself on legal standpoint -
1. Possession of 2 caste certificates from 2 states in not legal.
2. However, since I have never used them so there is little chance of any harm unless someone complains ?
3. Cancellation/Surrender of caste certificates and voter-ID doesn't warrant any legal prosecution or call any repercussion according to any law or rule ?
Thanking You
Sudhir Kumar, Advocate
(Expert) 28 March 2013
I partially disagree. No doubt it is crime to have two votes. You have ready quote RP Act
Sudhir Kumar, Advocate
(Expert) 28 March 2013
repeated query http://www.lawyersclubindia.com/experts/Two-caste-certificates-from-two-states-381291.asp#.UVO_lTchHfN
Sankaranarayanan
(Expert) 28 March 2013
Even because of your relative you signed the application part is wrong. So follow all advise and start your action to surrender the same
Jolly Kumar
(Querist) 11 May 2013
The law of this country is perfectly twisted. What a layman thinks a certain task to be perfectly legal comes out to be illegal. Is everyone supposed to be a lawyer in this country ?
Isaac Gabriel
(Expert) 12 May 2013
There is no suppression of fact or violation of law.Once you have migrated to Delhi,you need to establish your identity.This dosn't mean that you have suppressed the previous one issued to you at UP. If you use the UP card at Delhi for any pecuniary purposes, you will be at risk.Don't get panic.
