eCourtsIndia
IndiaCode Laws
Section20
The Representation of the People Act, 1950

Meaning of “ordinarily resident”

In force From 12 May 1950 Act 43 of 1950 As on 14 Oct 2026

Act 43 of 1950 Ministry Law and Justice Enacted 12 May 1950 In force 12 May 1950 Cited by 16 provisions Instruments 2

Section 20 of the Representation of the People Act, 1950 deals with meaning of “ordinarily resident”. 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. The Act came into force on 12 May 1950.

1[(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.

(1A) A person absenting himself temporarily from his place of ordinary residence shall not by reason thereof cease to be ordinarily resident therein.

(1B) 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 duties as such member.]

(2) A person who is a patient in any establishment maintained wholly or mainly for the reception and treatment of persons suffering from mental illness or mental defectiveness, or who is detained in prison or other legal custody at any place, shall not by reason thereof be deemed to be ordinarily resident therein.

2[(3) Any person having a service qualification shall be deemed to be ordinarily resident on any date in the constituency in which, but for his having such service qualification, he would have been ordinarily resident on that date.]

(4) Any person holding any office in India declared3 by the President in consultation with the Election Commission to be an office to which the provisions of this sub-section apply, 4*** shall be deemed to be ordinarily resident 5*** on any date in the constituency in which, but for the holding of any such office 6* * *, he would have been ordinarily resident 7* * * on that date.

(5) The statement of any such person as is referred to in sub-section (3) or sub-section (4) made in the prescribed form and verified in the prescribed manner, that 8[but for his having the service qualification] or but for his holding any such office 9* * * as is referred to in sub-section (4) he would have been ordinarily resident in a specified place 10* * * on any date, shall, in the absence of evidence to the contrary, be 8[accepted as correct].

(6) The 11[spouse] of any such person as is referred to in sub-section (3) or sub-section (4) shall 12[if such spouse] be ordinarily residing with such person 13* * * be deemed to be ordinarily resident on 14*** in the constituency specified by such person under sub-section (5).

15[(7) If in any case a question arises as to where a person is ordinarily resident at any relevant time, the question shall be determined with reference to all the facts of the case and to such rules as may be made in this behalf by the Central Government in consultation with the Election Commission.]

(8) In sub-sections (3) and (5) service qualification means--

(a) being a member of the armed forces of the Union; or

(b) being a member of a force to which the provisions of the Army Act, 1950 (46 of 1950), have been made applicable whether with or without modifications; or

(c) being a member of an armed police force of a State, who is serving outside that State; or

(d) being a person who is employed under the Government of India, in a post outside India.

Section 20, The Representation of the People Act, 1950 (Act 43 of 1950).

Cross-references

Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.

Referred to by 16

  1. Arunachal Pradesh Municipal Election Act, 2009 (Act No. 4 of 2009) s. 2
  2. Himachal Pradesh Municipal Corporation Act s. 11 Right to vote
  3. Himachal Pradesh Panchayati Raj Act s. 7 Functions of Gram Sabha
  4. Madhya Pradesh Municipal Corporation Act s. 12 Qualification of voters and their registration
  5. Madhya Pradesh Municipalities Act s. 30 Qualification of voters and their registration
  6. Madhya Pradesh Panchayat Raj Evam Gram Swaraj Adhiniyam 1993 s. 5 Rules
  7. Manipur Municipalities Act s. 19 Disqualifications for membership
  8. Manipur Municipalities Act s. 220 Conditions for registration as a voter
  9. Manipur Panchayati Raj Act s. 13 Constitution of Gram Panchayat
  10. Puducherry Municipalities Act s. 2
  11. s. 28 Power to make rules
  12. Representation of the People Act s. 60 Special procedure for voting by certain classes of persons

and 4 more

Related judgements & precedents

These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.

  1. Lal Babu Hussein vs Electoral Registration Officer

    Supreme Court of India 06 Feb 1995 Binding (Supreme Court) 1995 AIR 1189; 1995 SCC (3) 100; JT 1995 (2) 229; 1995 SCALE (1) 483

    Court's Decision & Legal Precedent

    When determining citizenship for electoral roll purposes, the authority must follow quasi-judicial procedure with full disclosure of material basis for suspicion, reasonable opportunity for affected person to be heard and rebut evidence, independent application of mind by the officer, and issuance of speaking order with reasons. Previous inclusion in electoral roll creates presumption of regularity and adequate probative value must be attached to it. All evidence, documentary or otherwise, must be entertained and assessed on merits. Mass verification exercises based on undisclosed police reports without individual inquiry violate principles of natural justice and are invalid.

    On this section: Meaning of 'ordinarily resident'

    Read the full order on eCourts India

The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.

Judgments citing this section

These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.

  1. High Court 29 Aug 2022 DLHC010101072022

    … Dated: mark eleve EXECUTIVE MAGISTRATE(SEELAMPUR) Seal (DALBIR SINGH) Executive Magistrate (Seciam) G.T. Road, SDM Office Comp Seelampur, Delhi-110053<sup>1</sup> NOTE: The term "Ordinarily used here will have the same meaning as in Section 20 of the Representation of the People Act, 1950.<br>The authorities competent to issue Cristic Certificates are indicated below.<br>District Magistrate Add $ n begin{array}{c} n times 1 times 1 times 1 n end{array} n$ - $ mathbf{1}$ - $ frac{1}{100}$ $35.$ A third caste certificate was issued on …

    Read this order on eCourtsIndia

Made under this section, and citing it

2 instruments name this provision in its title or its text without being made under it.

All subordinate legislation

Questions about Section 20

What have the courts held on Section 20 of the Representation of the People Act?

Lal Babu Hussein vs Electoral Registration Officer (06 Feb 1995) is the leading judgment on this section among those set out below: Meaning of 'ordinarily resident'.

How do I find court cases under Section 20 of the Representation of the People Act?

In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Representation of the People Act 20, section 20 Representation of the People Act, section 20 of the Representation of the People Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Lal Babu Hussein vs Electoral Registration Officer (06 Feb 1995).

What should I read with Section 20 of the Representation of the People Act, and has it changed?

16 other provisions in this corpus refer back to it. 2 instruments name it without being made under it, most recently The Registration of Electors (Amendment) Rules, 2022 (2022), then The Registration of Electors Rules, 1960 (1960).

When did Section 20 of the Representation of the People Act come into force?

Section 20 of the Representation of the People Act, cited as Representation of the People Act 20, came into force on 12 May 1950, having been enacted on 12 May 1950. It is in force as at the date shown on this page.

Other sections of this Act

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.