City Councilor Daniel J. Hayes Jr. charged yesterday that students have been unwittingly used by persons wishing to rig elections.

In at least one recent election, Hayes said, campaign workers have voted under the names of students who have graduated, but who are still listed on the City's election rolls. The process, as he described it, is to check lists of Harvard and M.I.T. graduates against the rolls, find out which of the voting students have left Cambridge, and then use their names at the polls.

Hayes said two Business School students, who were working on a campaign as part of a course, brought the practice to his attention. The method is particularly successful, they told him, after a Presidential election year, when many students have registered.

At present no attempt is made to check the identities of voters at the polls. Hayes said he would introduce an order to the City Council after the current election, asking Harvard and M.I.T. to submit lists of graduates each spring so the City could prevent such abuses.

On Monday the Council passed an order by Hayes requesting the Election Commission to seek a ruling from the Attorney General on the legality of students voting in Cambridge and, at the same time, registering their cars in their home state.

"If these students aren't paying excise taxes," Hayes asked, "why should we let them vote?" "They should vote where they know the issues."