EROs concerned should not deny enrolment to the children of Tibetan Refugees

IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of Reserve: 15th February, 2023

Date of Pronouncement: 13th March, 2023

+ W.P.(C) 2670/2017 and CM APPL. 11599/2017

A S RAWAT ..... Petitioner

Through: Ms. Jyoti Dutt Sharma, Mr CK Bhatt 

and Mr Ayush Bhatt, Advocates (M: 

9891077497).

versus

DAWA TASHI ..... Respondent

Through: None.

CORAM:

JUSTICE PRATHIBA M. SINGH

the CIC’s order dated 5 th October 2016.

The Election Commission of India, in its letter No.30/ID/2010/ERS dated 7th February 2014 issued a clarification to all CEOs of all States/UTs, in the light of decision dated 7th August 2013 of Karnataka High Court in Writ Petition No 15437/2013 Tenzin Choephag Ling Rinpochwe vs. Union of India and others, the Election Commission has reconsidered its stand. As per Section 3(1)(a) of Citizenship Act,1955, the children born to Tibetan Refugees in India shall be treated as Indian citizens based on their birth in India, on or after 26th January 1950 and before 1st July 1987.Hence, not withstanding anything contained in Union Home Ministry letter dated 26th August 2011 conveyed to all CEOs vide ECI letter dated 27th September,2011 the Commission clarifies that the EROs concerned should not deny enrolment to the children of Tibetan Refugees where they are satisfied that (1) the applicant was born in India (2) he/she was born on or after 26th January 1950 but before 1st July 1987,and (3) he/she is ordinarily resident in the VERDICTUM.IN 2023/DHC/001799 W.P.(C) 2670/2017 Page 5 of 37 constituency in which the application for enrolment has been made.