The definition of 'ordinarily resident' under the Punjab State Election Commission Act requires actual residency, not just property ownership, for voter registration.

JUDGMENT :

Sureshwar Thakur, J.

1. Through the instant writ petition, the petitioner herein prays for the issuance of a writ of Certiorari for quashing the order dated 20.09.2024 (Annexure P-16), passed by respondent No. 3, vide which the appeal of the petitioner was dismissed, which was filed against the finalization of revision of electoral rolls as was done by respondent No. 4 vide order dated 07.01.2024 (Annexure P-12). The petitioner further prayed that the elections of Gram Panchayat Kua Diary, on the basis of electoral rolls dated 07.01.2024, be stayed during the pendency of the writ petition.

Facts of the case

2. The petitioner is resident of Village Kua Diary, Tehsil Patran, District Patiala and his name was duly reflected in the Voter List prepared after delimitation of Wards in Gram Panchayat Kua Diary.

3. Gram panchayat Kua Diary came into existence in the year 2007 and was carved out from village Gobindpura Paind, Dutal and Shutrana, existing in Block Patran, District Patiala. After coming into existence of village Kua Diary, the total number of the voters was 257 and for the panchayat elections to be conducted in the year 2008, the voters’ list of the gram panchayat Kua Diary was issued, whereins, only those persons who were living / residents of village Kua Diary, thus were registered as voters. The petitioner is a resident and voter of Gram Panchayat Kua Diary shown at Sr. No. 145.

4. Thereafter, the elections were held in the year 2013 and in the year 2018. In 2018, five wards were carved, thus with an electoral strength of 313 votes. The apposite voter list was published on 25.07.2018.

5. In the year 2018, the petitioner raised objections regarding certain votes which were shown in village Kua Diary, despite theirs belonging to village Sahibzada Ajit Singh Nagar, Shutrana and Dutal. The objections were filed before the Electoral Registration Officer, and when the same were not considered, therebys the petitioner filed CWP2336-2018. In the said writ petition, the official respondents were directed to consider and decide the representation. Subsequently, the matter was considered and an order became passed whereby the respondents were shown to be the residents and voters of gram panchayat Duta, having H.B. No. 173, but in the assembly elections, they were shown having their voting rights in gram panchayat Gobindpura Paind which falls under H.B. No. 168.

6. The elections of gram panchayats were held in July 2018 and then occurred the respective wardbandis of gram panchayat Kua Diary and of gram panchayat Dutal. In the wardbandi of GP Kua Diary, as mentioned above, thus 5 wards were carved having 313 votes and the respondents were shown in the wardbandi of G.P. Dutal and they were shown in ward No. 8 from the serial No. 253 to 296.

7. In view of the order dated 22.02.2018, respondent No. 4 i.e. Sub-Divisional Magistrate (SDM), Patran, passed an order wherebys the votes of private respondents were ordered to be transferred to ward No. 8 of gram panchayat Dutal and some voters were shown to be the voters of Sahibzada Ajit Singh Nagar, Shutrana, and were entered in ward No. 4 thereof. The said process was done on the basis of the report of the Halqa Patwari where they were shown to be “ordinarily resident” of those villages.

8. The private respondents filed an appeal against the order (Annexure P-4) before State Election Commission, Punjab. The said appeal was dismissed by the State Election Commission, Punjab, on 26.06.2018 (Annexure P-5), whereby it was observed that “a perusal of the petition shows that the appeal has been filed under Section 33 of the Punjab State Election Commission Act, 1994, but documents placed on the file do not show any order passed by Punjab State Election Officer working on behalf of the State Election Commission, Punjab, rather the order dated 12.04.2018 for deletion/addition of votes has been passed by the Sub Divisional Magistrate-cum-Electoral Registration Officer, Patran, relating to Assembly