SMT. SHANNO DEVI versus MANGAL SAIN

The respondent, having formed the intention to permanently reside in India at least after August 15, 1947, and having ordinarily resided in India from then until November 26, 1949, satisfied the requirements of Article 6 of the Constitution of India and was therefore a citizen of India at the relevant times for the election.

Parties: Appellant: Smt. Shanno Devi; Respondent: Mangal Sain
Jurisdiction: India
Judgment Date: 07 September 1960
Procedural Posture: Civil Appeal / Appeal From Judgment and Order of the Punjab High Court in First Appeal From Order No. 131 of 1958
Outcome: Appeal dismissed with costs.
Legal Topics: Citizenship Under Constitution of India, Meaning of 'migrated' and 'ordinarily Resident' Under Article 6, Electoral Disqualification Based on Citizenship

Constitutional Law Election Law Citizenship Under Constitution of India Meaning of 'migrated' and 'ordinarily Resident' Under Article 6 Electoral Disqualification Based on Citizenship

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 5 Party arguments 2

Parties

Smt. Shanno Devi

Appellant

Mangal Sain

Respondent

Procedural Posture

Civil Appeal / Appeal From Judgment and Order of the Punjab High Court in First Appeal From Order No. 131 of 1958

Legal Issues

1 Whether the respondent could be deemed to be a citizen of India under Article 6 of the Constitution of India at the relevant time for contesting elections.
2 Interpretation of 'migrated to the territory of India' and 'ordinarily resident' under Article 6 of the Constitution.

Ratio Decidendi

Court Disposition

Appeal dismissed with costs.

Orders

Confirmation of High Court's judgment allowing respondent's appeal and dismissal of the election petition.