ORDANARILY RESIDENT

• The criterion of being ‘ordinarily resident’ in a constituency is intended to ensure that voters have a genuine connection to the area, thereby upholding the principle of representative accountability. It also serves as a safeguard against fraudulent voter registrations.
• In the 1999 Manmohan Singh case, the Gauhati High Court interpreted ‘ordinarily resident’ as someone who habitually lives in a particular place. This residence must be of a lasting nature, not just temporary or incidental.
• The individual must intend to live there permanently, and their presence in that location should be such that a reasonable observer would consider them a resident.
• This definition becomes complex in the context of migrant workers. According to the 2020–21 Periodic Labour Force Survey, about 11% of India’s population migrated for employment, which equates to nearly 150 million potential voters.
• Many of these workers engage in seasonal migration, returning to their home regions for part of the year.
• Migrant construction and security workers often reside in makeshift accommodations near their work sites, moving frequently between jobs within or across States.
• Nevertheless, they tend to vote in their home constituencies, where their families reside and their assets are located. Even though they do not live there continuously, their connection to the area aligns with the legal and judicial understanding of ‘ordinary residence’.
• While any migrant can choose to register to vote in their new location, strictly enforcing the ‘ordinary residence’ requirement to remove them from their original constituency’s rolls risks undermining democratic participation.
• Many migrant workers are reluctant or unwilling to register at their temporary work locations, and a rigid application of the rule could lead to their effective disenfranchisement

While the Constitution of India lays down the foundational principles of elections, such as universal adult franchise and the existence of the Election Commission, it does not go into the specifics of how elections should be conducted. The Representation of the People Act, 1951 (RPA 1951), fills this gap. It was passed by the Indian Parliament in July 1951, shortly before the first general elections in independent India.

The Act outlines the complete legal framework for elections and ensures free and fair electoral practices. It complements the earlier Representation of the People Act, 1950, which deals primarily with the preparation of electoral rolls and the allocation of seats in the legislatures

The RPA 1951 deals with several vital aspects of the electoral process:

• Conduct of Elections
  The Act provides a legal basis for the conduct of elections to the Lok Sabha (House of the People), Rajya Sabha (Council of States), State Legislative Assemblies, and Legislative Councils. It details how constituencies should be demarcated, how candidates should file their nominations, and the procedures for voting, counting, and declaring results.

• Qualifications and Disqualifications
  The Act lays down the qualifications required to become a member of Parliament or a State Legislature. It also sets out disqualifications based on certain grounds such as holding an office of profit, being of unsound mind, being an undischarged insolvent, or being convicted of certain criminal offenses.

  For example, under Section 8 of the Act, individuals convicted of certain crimes, including corruption, terrorism, and rape, are disqualified from contesting elections for a specified period.

• Election Disputes and Petitions
  The Act provides a mechanism for addressing disputes related to elections. Any election petition challenging the result of an election must be filed in the appropriate High Court. The Act outlines the process for hearing such petitions, the time limits, and possible outcomes, including setting aside an election or declaring another candidate as duly elected.

• Model Code of Conduct and Electoral Malpractices
  While the Model Code of Conduct is not part of the Act itself, the RPA 1951 provides statutory backing to punish electoral offenses like bribery, impersonation, booth capturing, or promoting enmity between groups. It ensures that the electoral process is not distorted by unfair practices.

• Regulation of Political Parties and Candidates
  The Act regulates the registration of political parties and requires them to follow certain norms. It also lays down rules for the disclosure of election expenses by candidates. There is a ceiling on the maximum amount a candidate can spend during the campaign, and failure to comply with this requirement may lead to disqualification.

• Role of Election Commission
  The Act empowers the Election Commission of India to supervise, direct, and control the entire process of elections. It authorizes the Commission to cancel elections in the event of malpractices, disqualify candidates, and enforce electoral laws