Heard Mr. A. Romenkumar, learned counsel appearing for the petitioner and also Mr. R.S. Reisang, learned Government Advo#31;cate appearing for the respondents.

2. Considering the urgency involved in the present writ petition and also prayed for by the learned counsel appearing for the parties, this writ petition is taken up for final disposal at the motion stage.

3. The succinct fact sufficient for deciding the matter in issue is briefly noted; the present petitioner married one Shri Wangjam Kumar, who is a resident of Leitanpokpi Awang Leikai on 27.3.2008 by performing rituals of a valid marriage. After her marriage, petitioner continued to reside ordinarily at the house of her husband, Wangjam Kumar at Leitanpokpi Awang Leikai. The said village, i.e. Leitanpokpi Awang Leikai is under 3/7 Leitan-pokpi of Makeng Dolaithabi Gram Panchayat. Makeng Dolaithabi Gram Panchayat is within the Khundrakpam Assembly Constituency (A/C for short).

4. Mr. Romenkumar, learned counsel appearing for the petitioner contends that the name of the petitioner's husband, Shri Wangjam Kumar Singh, appears at Sl.No.49 of the Electoral Roll of Purumlikli (Leitanpokpi Meitei/Mairenpat) of the Assembly Constitu#31;ency 1-Khundrakpam (Gen) 2012. This fact is not disputed by Mr. Reisang, learned Gove#31;rnment Advocate appearing for the respon#31;dents.

5. The present petitioner, who is ordinarily a resident of Leitanpokpi Awang Leikai, field an application for inclusion of her name in the said Voter List/Electoral Roll of the Makeng Dolaithabi Gram Panchayat which is within the Khundrakpam Assembly Constituency. That application was rejected by the Electoral Registration Officer of the Makeng Dolaithabi Gram Panchayat by an order dated 10.7.2012 at the bottom of the said application filed by the petitioner which read as follows:

"The application for inclusion of name is rejected on the ground that her name is not included in the Electoral Roll of concerned Assembly Constituency.

Sd/-dated 10.7.2012."

Being aggrieved, the petitioner filed the present writ petition.

6. At the very out set, it is required to mention that the said request for inclusion of the name of the petitioner is in the electoral roll of the Gram Panchayat. Section 13 of the Manipur Panchayati Raj Act, 1994 in an unequivocal term provides that every person shall be entitled to be included in the list of electors of Gram Panchayat - (i) if he is not less than eighteen years of age on the date of publication, and (2) is ordinarily resident within the area of the Gram Panchayat. In the instant case, the concerned Pradhan also issued a Certificate dated 2.7.2012 that the petitioner is ordinarily resident of Leitanpokpi Awang Leikai which is within the Makeng Dolaithabi Gram Panchayat of Khundrakpam Assembly Constituency.

7. Section 13 of the Manipur Panchayati Raj Act, 1994 further provides that the expression "ordinarily resident" shall be the same meaning as defined in Section 20 of the Representation of the People Act, 1950 (R.P. Act 1950 for short). Accordingly, it is required to see what is the meaning of "ordinarily resident" under Section 20 of the RP Act, 1950. Section 20 of the RP Act, 1950 reads as follows:

"20. Meaning of "ordinarily resident".-[(1) A person shall not be deemed to be ordinarily resident in a constituency on the ground only that he owns, or is in possession of, a dwelling house therein.

(IA) A person absenting himself temporarily from his place of ordinary residence shall not, by reason thereof cease to be ordinarily resident therein.

(IB) A member of Parliament or of the Legislature of a State shall not during the term of his office cease to be ordinarily resident in the constituency in the electoral roll of which he is registered as an elector at the time of his election as such member, by reason of his absence from that constituency in connection with his duty as such member.]

(2) A person who is a patient in any estab#31;lishment maintained wholly or