Section 13(5) in Rajasthan Municipalities Act, 2009
(5)Subject to the provisions of Section 14, every person who(a)is not less than eighteen years of age on the qualifying date, and(b)is ordinarily resident in a ward of the Municipality, shall be entitled to be registered in the electoral roll for that ward.Explanation.- (i) A person shall not be deemed to be ordinarily resident in a ward on the ground only that he owns, or is in possession of, a dwelling house therein.(ii)A person absenting himself temporarily from his place of ordinary residence shall not, by reason thereof, cease to be ordinarily resident therein.(iii)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 any other illness involving long treatment or who is detained in prison or other legal custody at any place or residing in a hostel for study or residing in a hotel etc. as a casual visitor shall not, by reason thereof, be deemed to be ordinary resident therein.(iv)If in any case a question arises as to where a person is ordinarily resident at any relevant time, the same shall be determined with reference to all the relevant facts of the case and in accordance with such rules as may be made in this behalf by the State Government.(v)A member of Parliament or the State Legislature shall not, during the term of his office, ceased to be ordinarily resident in the ward 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 ward in connection with his duties as such member.(vi)"Qualifying date", for the purpose of this Section, means the first day of January of the year in which electoral roll is so prepared or revised.
