Punjab State Election Commission Act | Person Is Not 'Ordinarily Resident' Only Because He Owns A House In The Constituency: High Court
Live LawThe Punjab & Haryana High Court said that a person would not be an “ordinarily resident” in terms of Punjab Election Commission Act only on the ground of owning or possessing a house. The court said, “though the statutory coinage “ordinarily resident” has been statutorily conveyed the connotation, that any voter would not be “ordinarily resident” in a constituency or in any revenue estate concerned, thus merely on the ground that the he owns or is in possession of a dwelling house in that constituency/revenue estate.” The Court was hearing plea challenging order of State Election Commission whereby plea of the petitioner to consider him voter in a tehsil. The dismissal was challenged in this the High court vide which the same was remanded back to the state election commission to consider the same on merits. After hearing the submissions, the Court noted that It is not disputed that the private respondents were to be enlisted as voters as therebys they would exercising their franchise in the elections to be held to the respective democratic offices of the Gram Panchayat concerned, besides to enable them to exercise their franchise for electing their representative to the State Legislative Assembly and to their respresentative to the Union Parliament.