The central legal point established in the judgment is the requirement of permanent residence and intention to dwell permanently in a place to be considered 'ordinarily resident' for voter registration under the Representation of the People Act, 1950.

ORDER :

1. Assailing the order, dated 02.09.2021, passed by the 2nd respondent, dismissing the second appeal preferred by the petitioner, and rejecting his claim to register his name as a voter in the elector roll of Duggirala Village of 87-Mangalagiri Assembly Constituency, the present Writ Petition for a mandamus has been filed by the petitioner.

2. Factual matrix of the lis may briefly be stated as follows:

The petitioner is originally the resident of Duggirala village. He was born and brought up in the said village and he has pursued his studies in the said village. Thereafter, he was selected for Indian Administrative Service and he was allotted to the cadre of the erstwhile State of Andhra Pradesh. In pursuance of his employment in the Indian Administrative Service, he resided at various places where he was posted during the period of his employment in the State of Andhra Pradesh. He retired on 31.03.2016 on attaining the age of superannuation. On the next day, i.e. on 01.04.2016, he was appointed as State Election Commissioner of the Andhra Pradesh State Election Commission, for a period of five years. He assumed charge as the State Election Commissioner of the Andhra Pradesh State Election Commission on 01.04.2016. While he was working as the State Election Commissioner, he has submitted an application in Form-VI on 21.12.2020 for inclusion of his name as a voter as the resident of house bearing D.No.2-54, Main Road of Duggirala village in electoral roll of the 87-Mangalagiri Assembly Constituency, under Section 23(1) of the Representation of the People Act, 1950, to the Electoral Registration Officer of 87-Mangalagiri Assembly Constituency-cum-Special Deputy Collector.

3. The Electoral Registration Officer enquired into the matter and as his enquiry revealed that the petitioner is not the “ordinarily resident” of Duggirala village and that he is not residing in the house bearing D.No.2-54, Main Road of Duggirala village, he has rejected his application by his order, dated 21.01.2021. Aggrieved thereby, he has preferred an appeal to the District Election Officer, Guntur, challenging the legal validity of the order of the Electoral Registration Officer. The first appellate Authority, by his order, dated 01.04.2021, has dismissed the said appeal affirming the order of the Electoral Registration Officer. It is held in his order that the petitioner is not found to be ordinarily residing in Duggirala village in the house bearing D.No.2-54 of the said village and he also recorded a finding to that effect and dismissed the appeal.

4. Aggrieved thereby, the petitioner has preferred second appeal, as contemplated under Section 24 of the Representation of the People Act, 1950, to the Chief Electoral Officer and the Appellate Authority, Andhra Pradesh. The second appellate Authority, by his order, dated 02.09.2021, has also dismissed the said appeal confirming the orders of the Electoral Registration Officer and the first appellate Authority, as the second appellate Authority also found that the petitioner is not the ordinarily resident of Duggirala village as he is not residing in the given address in the house bearing No.2-54 of the said village.

5. Therefore, aggrieved by the impugned order of the second appellate Authority, the instant Writ Petition has been filed by the petitioner for a mandamus, challenging the legal validity of the said order and to set aside the impugned order and sought direction to the respondents to register the name of the petitioner as a voter in the electoral roll of the 87-Mangalagiri Assembly Constituency.

6. The 2nd respondent – Chief Electoral Officer and the Appellate Authority, filed counter-affidavit opposing the claim of the writ petitioner. It is pleaded that the application, dated 21.12.2020, submitted by the petitioner, to register him as a voter as the resident of the house bearing D.No.2-54, Main Road, Duggirala village, in the electoral roll of the 87- Mangalagiri Assembly Constituency,