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State of Kerala - Section

Section 77 in Kerala Municipality Act, 1994

77. Meaning of "ordinarily resident".

(1)A person shall not be deemed to be ordinarily resident in a ward in a Municipality on the ground only that he owns or is in possession of a dwelling house therein.
(2)A person absenting himself temporarily from his place of ordinary residence shall not, by reason thereof, cease to be ordinarily resident therein.
(3)A Member of the Parliment or of the State Legislative Assembly or the Chairperson or Deputy Chairperson of a Municipality shall not, during the term of his office, cease 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, Chairperson or Deputy Chairperson, by reason of his absence from that ward in connection with his duties as such Member of Chairperson or Deputy Chairperson, as the case may be.
(4)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 or ordinarily resident therein.
(5)Where a question arises as to whether a person is ordinarily resident at a place at any relevent time, the question shall be determined by the State Election Commission with reference to all the facts of the case and to such rules as may be made in this behalf.