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1994 Supreme(Del) 851

CYRIAC JOSEPH, D.P.WADHWA
DELHI PRADESH JANATA DAL,HEM RAJ ARYA,DEVI DASS,RAM CHANDER YADAV,AMIR HASAN,MOHAMAD KAZIM – Appellant
Versus
CHIEF ELECTORAL OFFICER NCT OF DELHI – Respondent


Advocates Appeared:
Rajan Sarin, RICHA KAPOOR, V.P.Chaudhary

D. P. WADHWA

( 1 ) THERE are six petitioners, first petitioner is a political party. Other five petitioners claim to he citizens of India having right to be registered in the electoral rolls of the Legislative Assembly of the National Capital Territory of Delhi. They have filed this petition under Article 226 of the Constitution for a writ of mandamus or any other appropriate writ, direction or order to the first respondent not to delete the names of petitioners 2 to 6 and other persons from the final electoral rolls of the National Capital Territory of Delhi whose names had been included in the draft electoral rolls published with reference to the date 1 January 1994 as the qualifying date. It is stated that names of all these persons are sought to be deleted on the ground that they are not the citizens of India. It is alleged that petitioners 2 to 6 and other persons had their names already included in the draft electoral rolls of polling stations No. 87 to 108 of Matia Mahal (No. 58) Assembly Constituency of the National Capital Territory of Delhi.

( 2 ) PETITIONERS say that the Constitution (69th Amendment) Act, 1991, which came into force on 29 December 1991 provided for a Legi












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