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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW
SUBHASH VIDYARTHI
Rajesh Kumar – Appellant
Versus
State Election Commissioner U.P. Lko. – Respondent
| Table of Content |
|---|
| 1. challenge to the rejection of residency claim. (Para 2 , 3 , 4 , 5) |
| 2. interpretation of residency criteria under u.p. panchayat raj act. (Para 6 , 7) |
| 3. findings on ordinary residency status based on evidence. (Para 8 , 9 , 10) |
| 4. writ petition dismissed for lack of merit. (Para 11) |
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
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.
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