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2016 Supreme(SC) 753

ANIL R.DAVE, L.NAGESWARA RAO
Sunil Kumar Kori – Appellant
Versus
Gopal Das Kabra – Respondent


JUDGMENT :

L. Nageswara Rao, J.

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






























































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