Ordinarily Resident

Ordinarily Resident Latest News

Recently, the Election Commission’s Special Intensive Revision (SIR) in Bihar has sparked discussions on electoral inclusion, particularly for migrant populations, focusing on the balance between electoral roll integrity and inclusive democratic participation.

Who is an ‘Ordinarily Resident’?

• According to Section 19 of the RP Act, only a person who is an ‘ordinarily resident’ in a constituency can be enrolled in its electoral roll.
• Section 20 of the RP Act defines the term ‘ordinarily resident’. It states that merely owning or possessing a house in a constituency does not qualify a person as an ordinarily resident.
• A person temporarily absent from their regular residence (for work, travel, etc.) is still considered ordinarily resident in that location.
• Specific categories covered under Section 20:
  • Armed forces personnel.
  • Members of the State armed police serving outside the State.
  • Central government employees posted abroad.
  • Persons holding a constitutional office declared by the President in consultation with the EC.
  • Their spouses are also considered ordinarily resident in the original constituency.
• Section 20A (added in 2010) allows Non-Resident Indians (NRIs) to register and vote from the address mentioned in their passport, even if they live abroad for extended periods.
• The Election Commission of India (ECI) is responsible for preparing electoral rolls under the Representation of the People Act, 1950 (RP Act).

Rules Governing Electoral Rolls

• The Registration of Electors Rules, 1960 (RER), framed by the Central Government in consultation with the ECI, govern the:
  • Preparation of electoral rolls.
  • Inclusion and exclusion of names.
  • Process of verification and changes in voter lists.

Why ‘Ordinarily Resident’ Status Matters

• The requirement ensures that the voter has a genuine and habitual connection with the constituency.
• It maintains electoral integrity, reduces fraudulent registrations, and ensures accountability in representation.
• The Gauhati High Court (1999, Manmohan Singh Case) ruled that:
  • The person should be a habitual and permanent resident.
  • There must be an intention to dwell in that place.
  • A reasonable person must accept the individual as a resident.

Source: TH

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