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july 1971

Supreme Court of India · 1971-07-28

WOPANSAO vs N. L. ODYUO & ORS.

Citation / case number
SC 1970/60278
Court
Supreme Court of India
Petitioner
WOPANSAO
Respondent
N. L. ODYUO & ORS.
Bench
RAY, A.N.

Judgment text excerpt

The Supreme Court held that under Section 20(3) of the Representation of the People Act, 1950, service personnel can be registered as voters in their home constituency, despite their service location. The Court ruled that Section 30 does not allow civil courts to question the validity of such registrations by the Electoral Registration Officer. The appeal was dismissed as there was no evidence to support claims that the service personnel were not Indian citizens, and the statutory fiction of ordinary residence does not negate their right to register where they ordinarily reside.

WOPANSAO vs N. L. ODYUO & ORS. · Niyam