Section 20: Section 20 – Meaning of 'Ordinarily Resident'

Overview

Section 20 of the Representation of the People Act, 1950, is central to determining who qualifies to be registered as a voter in a specific Assembly constituency. It defines the crucial term 'ordinary resident', which dictates where a person can register to vote – their permanent home or their place of current residence. This section is particularly important during the preparation of electoral rolls, especially during Special Summary Revision (SSR) and Summary Revision (SIR).

Key Provisions

• Defining 'Ordinary Resident': The section doesn’t require a person to have lived in a place *permanently* to be considered an ‘ordinary resident’. It focuses on whether a person lives in a constituency with the intention of making it their primary place of residence.
• Migrants: Individuals who have moved to a new constituency for work, education, or other reasons can register as voters there if they intend to stay for a reasonable period.
• Students: Students living in hostels or away from their parental homes for educational purposes can register as voters at their place of study.
• Service Voters: Service voters (members of the armed forces) have specific provisions for registration, allowing them to vote in their home constituencies or where they are stationed.
• Homeless Persons: The section acknowledges that individuals without a fixed address can also be registered as voters, usually with assistance from electoral registration officers.
• Temporary Workers: Workers employed temporarily in a constituency can register as voters if they intend to reside there for a reasonable duration.

Impact on Voters and Electoral Rolls

Section 20 directly impacts the accuracy and inclusivity of electoral rolls. A clear understanding of ‘ordinary residence’ ensures that eligible citizens, including students, migrants, and service personnel, are not disenfranchised. It allows for dynamic electoral rolls that reflect population movement and changing residency patterns. Incorrect application of this section can lead to wrongful inclusions or exclusions from the voter list, impacting the fairness of elections.

Practical Examples

• Example 1: Priya is a college student from Delhi who is studying in Bangalore. She lives in a hostel in Bangalore. Priya can register as a voter in Bangalore because she is residing there for educational purposes and intends to stay for the duration of her course.
• Example 2: Rohan works in Mumbai on a 2-year contract but maintains his family home and voter registration in his hometown, Pune. Rohan can choose to register as a voter in Mumbai if he intends to reside there for the duration of his contract, even though his family home is in Pune. He isn't forced to vote in Pune.

Related Sections / Rules

This section is often interpreted alongside Section 19 (Qualifications for registration) and Section 21 (Registration of persons ordinarily resident in more than one constituency) of the Representation of the People Act, 1950. The Registration of Electors Rules, 1960, particularly Rule 4, provides detailed procedures for determining ordinary residence and handling objections during electoral roll revision. Form 6 (Application for registration of new voters) requires applicants to declare their ordinary residence.