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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW
SUBHASH VIDYARTHI
Rajesh Kumar – Appellant
Versus
State Election Commissioner U.P. Lko. – Respondent
JUDGMENT :
SUBHASH VIDYARTHI, J.
1. Heard Shri Anshuman Singh, the learned counsel for the petitioner and Shri Anurag Kumar Singh, the learned counsel for the State Election Commission representing the opposite party Nos.1, 2 and 3.
2. By means of the instant petition filed under Article 226 of the Constitution of India, the petitioner has challenged the validity of an order dated 24.12.2025 passed by the S.D.M., Mahmoodabad, District- Sitapur whereby the petitioner's representation dated 08.12.2025 for treating him as a resident of Village Panchayat - Kandaari, has been rejected. The ground of rejection is that earlier the petitioner was a resident of Village Panchayat- Bambhauri and the petitioner's father, wife and children are still continuing as residents of Village Panchayat- Bambhauri. Therefore, the petitioner shall also be treated as a resident of Village Panchayat- Bambhauri.
3. It has been pleaded in the petition that earlier the petitioner was elected as Pradhan of the Village Panchayat- Bambhauri in the elections held in the year 2005. At that time, the said Village Panchayat comprised of eight villages. Subsequently in the year 2015, a new Village Panchayat- Kandaari comp
A person's claim to be an ordinary resident for electoral registration must be substantiated by actual residency proof, exceeding mere property possession, as stated in Section 9(3) of the U.P. Panch....
The central legal point established in the judgment is the interpretation and application of the requirement of being 'ordinarily resident' in a constituency as stipulated in Section 19 of the Repres....
The definition of 'ordinarily resident' under the Punjab State Election Commission Act requires actual residency, not just property ownership, for voter registration.
The main legal point established in the judgment is that the provisions of the Goa Panchayat Raj Act, 1994, specifically Sections 9, 10, and 13, govern the elections, qualifications, and disqualifica....
A Resident Certificate must not be denied based on ancestral claims when valid evidence supports present residency, emphasizing the need for lawful inquiries prior to decisions.
Reservation for village panchayat posts must reflect the actual population demographics; improper reservation violates legal provisions.
Caste status is determined by the state of origin, and individuals migrating to another state cannot claim benefits of reservation in the new state.
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