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2004 Supreme(Del) 967

SANJAY KISHAN KAUL
B. KRISHAN – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
M.SARADA, RAJESH GUPTA, S.K.TANEJA, SURESH KAIT

SANJAY KISHAN KAUL, J.

( 1 ). THE petitioner has impugned the nomination of respondent No. 3, Mr. J. Pratap as a Civilian Member of the Cantonment Board of Secunderabad by respondent No. 1, union of India. The challenge is based on the violation of statutory provisions of the Cantonment Act, 1924 ( hereinafter to be referred to as, `the said Act ). Section 13 of the said Act provides for constitution of the Cantonment Boards and Section 14 deals with the power to vary the constitution of the Boards in special circumstances. The nomination/appointment of respondent no. 3 is in pursuance to the power exercised under section 14 (2) (c) of the said Act and over this, there is no dispute. The relevant Section 14 is as under: " 14. POWER TO VARY CONSTITUTION OF BOARDS IN SPECIAL circumstances (1) Notwithstanding anything contained in Sec. 13, if the Central Government is satisfied- (a) that, by reason of military operations it is necessary, or (b) that, for the administration of the cantonment, it is desirable, to vary the constitution of the Board in any cantonment under this section, the Central Government may, by notification in the Official Gazette, make a declaration to that effect




















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