The Delhi Chief Electoral Officer has clarified how “ordinary residence” rules apply to MPs, MLAs and holders of certain declared offices during the ongoing electoral-roll revision.
Section 20(1B) allows MPs and state legislators to retain ordinary residence in their registered constituency despite being away for legislative duties.
The declared-office category includes the President, governors, Union and state Cabinet ministers, Speakers, Deputy Speakers, Lieutenant Governors and parliamentary secretaries, among others.
The Office of the Chief Electoral Officer, Delhi has clarified the rules governing “ordinary residence” for MPs, MLAs and holders of certain declared offices amid reports and allegations over the enrolment of Cabinet ministers of the Delhi government at places other than their place of ordinary residence. The clarification came through a press release after the Aam Aadmi Party held a press conference raising the issue.
What The Election Commission Says About MPs And MLAs
The Delhi CEO said in the press release that the Election Commission’s instructions of May 14, 2026, require the names of members of the judiciary, public representatives, holders of declared offices and personalities from fields such as arts, culture, journalism, sports and public services that had earlier been flagged in the electoral database to be included in the draft electoral rolls.
The move, the CEO said, was intended to allow the necessary documents to be collected during the claims and objections period.
The press release also cited Section 20(1B) of the Representation of the People Act, 1950, which provides an exception for MPs and members of state legislatures who are away from their constituencies because of their official duties.
Under the provision, an MP or MLA does not cease to be ordinarily resident in the constituency where they are registered as an elector at the time of their election merely because they are absent from that constituency in connection with their duties as a legislator.
Cabinet Ministers And Other Declared Offices
The Delhi CEO further referred to Section 20(4) of the Representation of the People Act, 1950. The provision states that a person holding an office declared by the President, in consultation with the Election Commission, will be deemed to be ordinarily resident in the constituency where they would have otherwise been ordinarily resident if they had not been holding that office.
The CEO said several constitutional and public offices have been declared under a presidential notification issued on April 18, 1960.
The list includes the President and Vice-President of India, governors of states, Cabinet ministers of the Union and states, ministers of state and deputy ministers, and the Lieutenant Governors of Union territories.
It also covers the Speaker and Deputy Speaker of the Lok Sabha and state legislative assemblies, chairpersons of state legislative councils, parliamentary secretaries, and deputy chairpersons of the Rajya Sabha and state legislative councils.
Delhi CEO Says Draft Roll Allows Document Verification
The clarification comes in the context of the ongoing revision of electoral rolls in Delhi in which notices were sent to several high profile names includine Cabinet Minister S Jaishankar, former Deputy Prime Minister LK Advani and several members of the opposition. According to the CEO, names that had previously been flagged in the electoral database were included in the draft rolls so that supporting documents could be sought during the claims and objections process.
The office said the process is intended to ensure that questions concerning electoral enrolment are examined through the prescribed procedure.
