T. Nandakumar Singh, J.— Heard Mr. A. Romenkumar, learned counsel appearing for the petitioner and also Mr. R.S. Reisang, learned Government Advocate appearing for the respondents. 2. Considering the urgency involved in the present writ petition and also prayed for by the learned counsel appearing for the parties, this writ petition is taken up for final disposal at the motion stage. 3. The succinct fact sufficient for deciding the matter in issue is briefly noted; the present petitioner married one Shri Wangjam Kumar, who is a resident of Leitanpokpi Awang Leikai on 27.3.2008 by performing rituals of a valid marriage. After her marriage, petitioner continued to reside ordinarily at the house of her husband, Wangjam Kumar at Leitanpokpi Awang Leikai. The said village, i.e. Leitanpokpi Awang Leikai is under 3/7 Leitan-pokpi of Makeng Dolaithabi Gram Panchayat. Makeng Dolaithabi Gram Panchayat is within the Khundrakpam Assembly Constituency (A/C for short). 4. Mr. Romenkumar, learned counsel appearing for the petitioner contends that the name of the petitioner's husband, Shri Wangjam Kumar Singh, appears at Sl.No.49 of the Electoral Roll of Purumlikli (Leitanpokpi Meitei/Mairenpat) of the Assembly Constituency 1-Khundrakpam (Gen) 2012. This fact is not disputed by Mr. Reisang, learned Government Advocate appearing for the respondents. 5. The present petitioner, who is ordinarily a resident of Leitanpokpi Awang Leikai, field an application for inclusion of her name in the said Voter List/Electoral Roll of the Makeng Dolaithabi Gram Panchayat which is within the Khundrakpam Assembly Constituency. That application was rejected by the Electoral Registration Officer of the Makeng Dolaithabi Gram Panchayat by an order dated 10.7.2012 at the bottom of the said application filed by the petitioner which read as follows: "The application for inclusion of name is rejected on the ground that her name is not included in the Electoral Roll of concerned Assembly Constituency. Sd/-dated 10.7.2012." Being aggrieved, the petitioner filed the present writ petition. 6. At the very out set, it is required to mention that the said request for inclusion of the name of the petitioner is in the electoral roll of the Gram Panchayat. Sd/-dated 10.7.2012." Being aggrieved, the petitioner filed the present writ petition. 6. At the very out set, it is required to mention that the said request for inclusion of the name of the petitioner is in the electoral roll of the Gram Panchayat. Section 13 of the Manipur Panchayati Raj Act, 1994 in an unequivocal term provides that every person shall be entitled to be included in the list of electors of Gram Panchayat - (i) if he is not less than eighteen years of age on the date of publication, and (2) is ordinarily resident within the area of the Gram Panchayat. In the instant case, the concerned Pradhan also issued a Certificate dated 2.7.2012 that the petitioner is ordinarily resident of Leitanpokpi Awang Leikai which is within the Makeng Dolaithabi Gram Panchayat of Khundrakpam Assembly Constituency. 7. Section 13 of the Manipur Panchayati Raj Act, 1994 further provides that the expression "ordinarily resident" shall be the same meaning as defined in Section 20 of the Representation of the People Act, 1950 (R.P. Act 1950 for short). Accordingly, it is required to see what is the meaning of "ordinarily resident" under Section 20 of the RP Act, 1950. Section 20 of the RP Act, 1950 reads as follows: "20. Meaning of "ordinarily resident".-[(1) A person shall not be deemed to be ordinarily resident in a constituency on the ground only that he owns, or is in possession of, a dwelling house therein. (IA) A person absenting himself temporarily from his place of ordinary residence shall not, by reason thereof cease to be ordinarily resident therein. (IB) A member of Parliament or of the Legislature of a State shall not during the term of his office cease to be ordinarily resident in the constituency 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 constituency in connection with his duty as such member.] (2) A person who is a patient in any establishment maintained wholly or mainly for the reception and treatment of person 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 ordinarily resident therein. [(3) Any person having a service qualification shall be deemed to be ordinarily resident on any date in the constituency in which, but for his having such service qualification, he would have been ordinarily resident on the date. (4) Any person holding any office in India declared by the President in consultation with the Election Commission to be an office to which the provision of this sub -section apply, shall be deemed to be ordinarily resident on any date in the constituency in which but for the holding of any such office, he would have been ordinarily resident on that date. (5) The statement of any such person as is referred to in sub-section (3) or sub-section (4) made in the prescribed form and verified in the prescribed manner, that (but for his having the service qualification or but for his holding any such office as is referred to in sub-section (4) he would have been ordinarily resident in a specified place on any date, shall, in the absence of evidence to the contrary, be (accepted as correct] (6) The wife of any such person as is referred to any sub-section (3) of sub-section (4) shall if she be ordinarily residing with such person be deemed to be ordinarily resident on in the constituency specified by such person under sub-section (5). (7) 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 and to such rules as may be made in this behalf by the Central Government in consultation with the Election Commission. (8) In sub-section (3) and (5) "service qualification" means- (a) being a member of the armed forces of the Union; or (b) being a member of a force to which the provisions of the Army Act, 1950 (46 of 1950) have been made applicable whether with or without modification; or (c) being a member of an armed police force of a State, who is serving outside that state, or (d) being a person who is employed under the Government of India, in a post outside India." 8. The meaning of ordinarily resident' is defined under Section 20 of the Representation of People Act, 1950 by giving examples. The meaning of ordinarily resident' is defined under Section 20 of the Representation of People Act, 1950 by giving examples. In the instant case, the petitioner is a ordinarily resident of Leitanpokpi Awang Leikai of Makeng Dolaithabi Gram Panchayat inasmuch as after her marriage with her husband, Wangjam Kumar, who is also the permanent resident of the Leitanpokpi Awang Leikai Assembly Constituency and whose name is included in the electoral Roll of Makeng Dolaithabi Gram Panchayat of Khundrakpam Assembly Constituency, the petitioner is ordinarily residing with her husband at their matrimonial home, i.e. house of her husband. Therefore, it is the case of the petitioner that the petitioner is the ordinarily resident of Leitanpokpoi Awang Leikai. Over and above, the concerned Pradhan had issued a Certificate that the petitioner is the ordinarily resident of Leitanpokpi Awang Leikai. 9. On plain reading of Section 13 of the Manipur Panchayati Raj Act, 1994 it is clear that a citizen of India, who is ordinarily resident within the area of a particular Panchayat and fulfills the two criteria mentioned in Section 13 of the Panchayati Raj Act, has the right to cast vote in the election of that Panchayat and his/or her name should be included in the electoral roll of that Panchayat. 10. In the democratic polity the most valuable right of a citizen is the right to cast vote. A citizen whose right to cast vote is denied is nothing but living dead so far the democratic polity is concerned. Sections 15 and 16 of the Manipur Panchayati Raj Act, 1994 clearly provide what will be the electoral roll for election of the Panchayat and as to how the Electoral Roll for election of the Panchayat is to be prepared. Section 15 of the Manipur Panchayati Raj, 1994 Act provides that the electoral roll of the Manipur Assembly shall be prepared under the provisions of the Representation of the People Act, 1950 and as in force on such date as the State Government may, by general or special order, notify in this behalf for such part of the constituency of the Assembly as is included in the Gram Sabha, shall be the list of electors for the said Panchayat. Section 15 is followed by Section 16 wherein there is a provision under which any person whose name is not included in the list of electors published under sub-section (1) may apply within 10 days from its publication to the concerned officer for inclusion in the list of electors. For easy reference Section 16 of the Manipur Panchayati Raj Act, 1994 is quoted hereunder: "16. (1) The list of electors referred to in Section 15 shall be published in such manner and by such authority as may be prescribed. (2) Any person whose name is not included in the list of electors published under sub-section (1) may apply within ten days from its publication to the officer publishing the same for inclusion of his name therein and officer concerned shall, if he is satisfied that the applicant fulfils the condition mentioned in subsection (3) and is not disqualified from being included in the list of electors under section 15 after making such inquiry as may be prescribed, direct his name to be included in the list of electors." 11. The manners for preparation of the electoral roll of the Panchayat and also inclusion of the new electors in the electoral roll are provided under the Manipur Panchayati Raj(Election)Rules, 1995 framed by the State Government in exercise of the powers under section 105 of the Manipur Panchayati Raj Act, 1994.Section 105 (i) (b) of the Manipur Panchayati Raj Act, 1994 read as follows: "105.(1) The State Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Act. (b) the manner for publication of electoral Rolls of Gram Panchayat and the authority competent to publish the same as referred to in sub-section (1) of Section 16." 12. Rule 83 of the Manipur Panchayati Raj (Election) Rules, 1995 (for short Election Rules, 1995) clearly provides that superintendence, direction and control for the preparation, revision and correction of electoral roll in the State shall vest with Election Commission. Rule 84 of the Election Rules, 1995 also clearly speaks that subject to the superintendence, direction and control of the Election Commission, the District Election Officer shall co-ordinate and supervise all works in the District or in the area within his jurisdiction in connection with the preparation and revision of the electoral roll for all Gram Panchayats or Zilla Parishad constituencies within the District. Therefore, powers for preparation and revision of the electoral roll are with the District Electoral Officer under the superintendence and direction of the Election Commission. For easy reference Rule 83 and 84 of the Election Rules, 1995 read as follows: "83. The superintendence, direction and control for the preparation, revision and correction of electoral roll in the State shall vest with Election Commission. 84. The District Election Officer in each District in the State: (1) The Election Commission shall, in consultation with the State Government, designate or nominate a District Election Officer who shall be an officer of the Government; Provided that the Election Commission may designate or nominate more than one such officer for a District if the Election Commission is satisfied that the functions of the Officer cannot be performed satisfactorily by one officer. (2) Subject to the superintendence, direction and control of the Election Commission, the District Election Officer shall co-ordinate and supervise all works in the District or in the area within his jurisdiction in connection with the preparation and revision of the electoral roll for all Gram Panchayats or Zilla Parishad constituencies within the District. (3) The District Election Officer shall also perform such other functions as may be entrusted to him by the Election Commission. (4) The Election Commission shall appoint a Returning Officer who shall be an officer of the State Government not below the rank of Sub-Divisional Officer for holding the election and bye-election of members of a Zilla Parishad and of Pradhans and Members of a Gram Panchayat. Separate Returning Officers may be appointed for election to Zilla Parishad or Gram Panchayat. (5) The Election Commission may appoint one or more Assistant Returning Officers to assist a Returning Officer in the performance of his functions. Every Assistant Returning Officer, shall subject to the control of the Returning Officer, be competent to perform all or any of the functions of the Returning Officer. No Assistant Returning Officer shall perform any of the functions of the Returning Officer which relates to the scrutiny of nominations unless the Returning Officer is unavoidably prevented from performing the said function. (6)The Returning Officer shall appoint Presiding Officer, Polling Officer and Polling Peon for holding the election or bye-election referred to in sub-rule (4)." 13. No Assistant Returning Officer shall perform any of the functions of the Returning Officer which relates to the scrutiny of nominations unless the Returning Officer is unavoidably prevented from performing the said function. (6)The Returning Officer shall appoint Presiding Officer, Polling Officer and Polling Peon for holding the election or bye-election referred to in sub-rule (4)." 13. Under Rule 85 of the Election Rules, 1995 the Electoral Roll for the Gram Panchayat Constituency or the Zilla Parishad shall be prepared and revised by an Electoral Registration Officer who shall be such Officer of the State Government or of a local authority as the State Election Commission may, in consultation with the Government designate or nominate in this behalf. In the case in hand, the parties are not disputing that the Electoral Registration Officer who passed the impugned order dated 10.7.2012 is the Electoral Registration Officer mentioned in Rule 84 and 85 of the Election Rules, 1995 and designated/nominated by the State Election Commission in consultation with the State Government. 14. Rule 87 of the Election Rules, 1995 clearly speaks that there shall be an Electoral Roll for each Constituency of Panchayat which shall be prepared in accordance with the provisions of the Manipur Panchayati Raj Act, 1994 by splitting of the Electoral Rolls adopted under Section 15 of the Manipur Panchayati Raj Act, 1994. After revision of the electoral rolls in the manner provided under sections 15 and 16 of the Panchayati Raj Act, 1994 and the Rules framed thereunder, i.e. Rules- 83, 84, 85, 86 and 87 of the Manipur Panchayati Raj (Election) Rules, 1995, the Electoral Rolls for each constituency of the Panchayat shall be finally published by notification in the Notice Board of the Electoral Registration Officer and the office of the Panchayat under Rule 88(1) of the Election Rules, 1995 and copy of the Electoral Roll duly authenticated by E.R.O. will be sent to the Election Commission on the day of publication. Therefore, on conjoint reading of the above provisions of the Manipur Panchayati Raj Act, 1994 and the above Rules of the Manipur Panchayati Raj (Election) Rules, 1995, it appears that the electoral roll of the Assembly Constituency prepared under the provisions of the RP Act, 1950 is the foundation for preparation of the Electoral roll of the Panchayat inasmuch as the Manipur Panchayati Raj Act, 1994 and the Manipur Panchayati (Election) Rules, 1995 provide for variation and alteration of the electoral roll of the Manipur Assembly prepared under the provisions of the RP Act, 1950 in preparation of Electoral Roll for each Constituency of Panchayat. 15. Therefore, for the election to the Panchayat the electoral roll of the last Manipur Assembly election prepared under the provisions of the R. P. Act 1950 cannot be taken in toto. In other words, the Electoral roll of the Manipur Assembly prepared under the RP Act, 1950 will be taken as the electoral roll of the Panchayat after revision if it is necessary. This logical conclusion is very clear for the simple example that election of the concerned Panchayat is required to be held four years after the last Assembly Election and in the interregnum of three years, i.e. between the last Assembly Election and ensuing Panchayat Election, a number of persons would attain majority and fulfill the mandatory requirements for entitling a person for inclusion in the list of electors of the Gram Panchayat as provided under section 13 of the Manipur Panchayati Raj Act, 1994, in such case why should their rights to include in the list of electors be denied? 16. On careful perusal of the provisions of the Manipur Panchayati Raj Act, 1994 and the Rules framed thereunder and the Manipur Panchayati Raj (Election) Rules, 1995, it appears that there is no provision prescribing the time limit for modification, alteration of the list of electors, i.e. electoral roll. In such a case, we may safely refer to the provisions of the RPAct, 1950. Section 23 of the RP Act, 1950 provides that application for inclusion of name in the electoral roll should not be made after the last date of making nominations for an election. In the present case, the last date of making nomination for the election to the concerned Panchayat is not yet notified. Section 23 of the RP Act, 1950 provides that application for inclusion of name in the electoral roll should not be made after the last date of making nominations for an election. In the present case, the last date of making nomination for the election to the concerned Panchayat is not yet notified. Therefore, the application filed by the petitioner for inclusion of her name in the list of electors of the concerned Panchayat could be entertained inasmuch as it is not yet time barred. For easy reference, Section 23 of the RPAct, 1950 is quoted below: "[23.Inclusion of names in electoral rolls.-(1) Any person whose name is not included in the electoral roll of a constituency may apply to the electoral registration officer for the inclusion of his name in that roll. (2) The electoral registration officer shall, if satisfied that the applicant is entitled to be registered in the electoral roll, direct his name to be included therein: Provided that if the applicant is registered in the electoral roll of any other constituency, the electoral registration officer shall inform the electoral registration officer of that other constituency and that officer shall, on receipt of the information, strike off the applicant's name from that roll. (3) No amendment, transposition or deletion of any entry shall be made under section 22 and no direction for the inclusion of a name in the electoral roll of a constituency shall be given under this section, after the last date for making nominations for an election in that constituency or in the parliamentary constituency within which the constituency is comprised and before the completion of that election.]" 17. For the foregoing reasons, this Court is of the considered view that the ground for rejecting the application filed by the petitioner for inclusion of her name in the list of electors of the concerned Panchayat under the impugned order dated 10.7.2012 that- "The application for inclusion of name is rejected on the ground that her name is not included in the Electoral Roll of concerned Assembly Constituency" is not tenable under the law. Accordingly, the said impugned order dated 10.7.2012 for rejecting the application filed by the petitioner for inclusion of her name in the list of electors of the concerned Panchayat, i.e. Makeng Dolaithabi Panchayat, is hereby quashed. Accordingly, the said impugned order dated 10.7.2012 for rejecting the application filed by the petitioner for inclusion of her name in the list of electors of the concerned Panchayat, i.e. Makeng Dolaithabi Panchayat, is hereby quashed. The Electoral Registration Officer, i.e. Respondent No.3, is directed to consider the said application filed by the petitioner for inclusion of her name under the provisions of law indicated above. This Court further reiterates that the Electoral Registration Officer has the power to revise the said Electoral Roll of the last Assembly election of the Khundrakpam Assembly Constituency in preparation of the list of electors of the Panchayat. Further, the said application field by the petitioner for inclusion of her name in the list of electors should be decided before publication of the Electoral Roll under Rule 88 of the Manipur Panchayati Raj (Election) Rules, 1995/or before the last date for making nominations of the candidates for the election to the concerned Panchayat as provided under Section 23(3) of the RP Act, 1950. The Chief Electoral Officer Manipur is directed to circulate copy of this order to all the Electoral Registration Officers of the Electoral Roll of Gram Panchayat. 18. Registry is directed to furnish a copy of this judgment and order to the Chief Electoral Officer, Manipur. 19. With the above observations and direction, this writ petition is allowed. _____________