Case Note & Summary
The petitioners, including associations of educational institutions and individual institutions, filed writ petitions under Article 226 of the Constitution of India challenging communications from the Election Commission of India dated 15/24-7-2019 and 26-7-2019. These communications directed the deletion of names of hostel residents from the electoral rolls of the Nashik (West) Assembly Constituency. The petitioners argued that hostel residents, being students residing in hostels within the constituency, should be considered ordinary residents and thus entitled to vote in that constituency. They contended that the Election Commission's directive was arbitrary and violated their right to vote under Article 326 of the Constitution. The respondents, including the Election Commission of India and the State of Maharashtra, defended the directive, arguing that hostel residents are not ordinarily resident in the constituency and that their enrollment in the electoral roll of that constituency was erroneous. The court analyzed the concept of 'ordinary residence' under Section 16 of the Representation of the People Act, 1950, and held that a person's ordinary residence is where they have a settled and permanent home, not a temporary stay for education. The court noted that hostel residents typically retain their ordinary residence at their parental home or permanent address. The court also considered the practical implications of allowing students to vote in the constituency of their educational institution, which could lead to manipulation of electoral rolls. The court dismissed both petitions, upholding the Election Commission's directive. The court held that the Election Commission acted within its powers to ensure accurate and pure electoral rolls, and that the deletion of names of hostel residents was justified. The judgment emphasizes the importance of maintaining the integrity of electoral rolls and the distinction between temporary and ordinary residence.
Headnote
A) Constitutional Law - Right to Vote - Ordinary Residence - Section 16 Representation of the People Act, 1950 - Article 326 Constitution of India - The court considered whether hostel residents in educational institutions are ordinarily residents of the constituency where the institution is situated. Held that hostel residents are not ordinarily residents of that constituency; they retain their ordinary residence at their parental home or permanent address. The Election Commission's directive to delete such entries from electoral rolls was upheld. (Paras 1-43) B) Election Law - Electoral Rolls - Deletion of Names - Section 16 Representation of the People Act, 1950 - The petitioners challenged communications from the Election Commission of India directing deletion of names of hostel residents from electoral rolls of Nashik (West) Assembly Constituency. The court held that the Election Commission acted within its powers to ensure accurate electoral rolls. (Paras 1-43) C) Interpretation of Statutes - 'Ordinarily Resident' - Section 20 Representation of the People Act, 1950 - The court interpreted the term 'ordinarily resident' to mean a person who has a settled and permanent home, not a temporary stay for education. Hostel residents are not ordinarily resident at the hostel address. (Paras 20-30)
Issue of Consideration
Whether hostel residents in educational institutions can be treated as ordinary residents of the constituency where the institution is located for the purpose of enrollment in electoral rolls.
Final Decision
Both writ petitions are dismissed. The communications from the Election Commission of India dated 15/24-7-2019 and 26-7-2019 are upheld. No order as to costs.
Law Points
- Ordinary residence
- Electoral roll
- Hostel residents
- Educational institutions
- Section 16 Representation of the People Act
- 1950
- Article 326 Constitution of India
