Special Bonafide Residence Is To Be Reckoned From The Native Place of Residence of Candidate & His Parents And Has Nothing To Do With Marriage; Rajasthan HC

The Rajasthan High Court has observed that special bona fide residence is to be reckoned from the native place of residence of candidate & his parents and has nothing to do with marriage. Justice Dinesh Mehta observed, "Special bona fide residence or residence is to be reckoned from the native place of residence of the candidate and his parents. It has nothing to do with marriage." The court opined that the respondents cannot deny the petitioner Special Bonafide Resident Certificate (TSP Area) simply because she has moved out of Tribal Sub Plan (TSP) Area, as a consequence of her marriage. The present plea was filed by a married woman seeking direction from the State to issue Certificate of TSP area. Essentially, the petitioner claimed that she was born in Chittorgarh, a TSP Area, which is evident from her Bonafide Resident Certificate issued by the Tehsildar. Thereafter, she had applied for a grant of Special Bonafide Resident Certificate (TSP Area), which was not issued to her. On inquiring about the same, petitioner was orally informed that since she has started residing in a non-TSP area, post her marriage and therefore, she is not entitled for the Special Bonafide Resident Certificate (TSP Area). The court directed the Sub Divisional Officer and Tehsildar of Tehsil Badi Sadri, Chittorgarh to issue a Special Bonafide Resident Certificate (TSP Area) to the petitioner in accordance with law. The court further observed that if the respondents are of the view that the petitioner is not entitled for grant of Special Bonafide Resident Certificate (TSP Area), then they shall pass a speaking order and send the same to the petitioner. Furthermore, the court asked the petitioner to furnish a representation along with the certified copy of the order instant and the photostat copy of the application, she claims to have filed. On receipt of the same, the Tehsildar concerned shall do the needful within a period of 15 days, added the court.Case Title: Anita Suthar v. State of Rajasthan and Ors.Citation: 2022 LiveLaw (Raj) 24Click Here To Read/Download Order

Special Bonafide Residence Is To Be Reckoned From The Native Place of Residence of Candidate & His Parents And Has Nothing To Do With Marriage; Rajasthan HC

ANIRUDH VIJAY

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