SUNIL KUMAR KORI & ANR. Vs. GOPAL DAS KABRA & ORS. ETC.
LAWS(SC)-2016-9-43
SUPREME COURT OF INDIA
Decided on September 27,2016

Sunil Kumar Kori And Anr. Appellant
VERSUS
Gopal Das Kabra And Ors. Etc. Respondents

JUDGEMENT

L.NAGESWARA RAO, J. - (1.) Leave granted. The issue that arises for consideration in the above appeals is the right to vote of persons living in illegally constructed buildings in a Cantonment area. Respondent No. 1 in the appeals is a permanent resident of Panchamarhi, who contested election to the Cantonment Board, Panchamarhi in the year 2008 and was defeated by a margin of 292 votes. He filed Writ Petition No. 7169 of 2008 in the High Court of Madhya Pradesh at Jabalpur, seeking a direction to the authorities to prepare the electoral rolls of the Cantonment Board, Panchamarhi strictly in accordance with Rule 10 (3) of the Cantonment Electoral Rules, 2007 (hereinafter referred to as 'the Rules'). The said Writ Petition was disposed of on 08.07.2010 with a direction to the Cantonment Board, Panchamarhi to prepare the electoral rolls strictly in accordance with Rule 10 (3) for the years 2010 -2011. The said judgment dated 08.07.2010 in Writ Petition No. 7169 of 2008 was confirmed by a Division Bench in Writ Appeal No. 798 of 2010 by a judgment dated 24.09.2010. Rejecting the submissions of the Cantonment Board, the Division Bench held as follows: "In our opinion, the appellants are under no obligation in view of Rule 10 (3) of the Rules to allot house numbers in respect of structures which are unauthorized or illegal, substantial compliance of provisions of Rule 10 (3) is required to be made and that can be done by marking the encroachments as unauthorized construction and mention them accordingly in the electoral roll for the purpose of compliance of Rule 10 (3) of the Rules."
(2.) Review Petition No. 972 of 2012 was filed for modification of the judgment dated 24.09.2010 in Writ Appeal No. 798 of 2010 which was allowed on 02.08.2013 and the following words were deleted: "And mention them accordingly in the electoral roll for the purpose of compliance of Rule 10 (3) of the Rules." A direction was given to the Cantonment Board to proceed with the preparation of electoral rolls in accordance with the provisions of the Act and the Rules.
(3.) Thereafter, two separate voters lists were prepared by the Cantonment Board. One list contained the names of persons staying in houses with numbers and the second list contained names of persons living in unauthorised houses without numbers. The First Respondent in the above appeals filed Writ Petition No. 20038 of 2013, questioning the preparation of two voters lists. He also filed Contempt Petition No. 2379 of 2013 for willful disobedience of the directions given by the High Court for preparation of voters list in Writ Petition No. 7169 of 2008. As the second voters list containing the names of the encroachers was withdrawn by the Board, Writ Petition No. 20038 of 2013 was disposed of and Contempt Petition No. 2379 of 2013 was closed on 17.02.2014. A notification dated 05.03.2015 was issued by the Government of India under Section 15 of the Cantonment Act, 2006 (hereinafter referred to as 'the Act') directing elections to be conducted to Panchamarhi Cantonment Board on 17.05.2015.;


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