Section 36 in Uttar Pradesh Municipal Corporation Act, 1959
36. [ Qualifications of electors. [Substituted by U.P. Act 35 of 1978 (w.e.f. 12-10-1978).]
- Subject to the provisions of Sections 37 and 38; every person who has attained the age of 18 years on the first day of January of the year in which the electoral roll is prepared or revised and who is ordinarily resident in the area of the ward shall be entitled to be registered in the electoral roll for the ward.Explanation. - (i) A person shall not be deemed to be ordinarily resident in the area of 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 member of Parliament or of the Legislature of the State shall not, during the term of his office, cease to be ordinarily resident in the area of a ward merely by reason of his absence from that area in connection with the duties as such member.(iv)Any other factors that may be prescribed shall be taken into consideration for deciding as to what persons may or may not be deemed to be ordinarily residents of a particular area at any relevant time.(v)If in any case a question arises as to where a person is ordinarily resident at any relevant time, the question shall be determined, with reference to all the facts of the case.]
