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2008 Supreme(MP) 851

A.K.PATNAIK, SANJAY YADAV
Manu Bhai Tripathi – Appellant
Versus
Union of India – Respondent


Advocates appeared:
Adarsh Muni Trivedi, Sr. Adv. with Uttam Maheshwari, for Petitioner; Dharmendra Sharma, A. S. G., Mrs. Indira Nair, Sr. Adv. with Ms. Jasmeet Chana, for Respondents.

Judgement

A. K. PATNAIK, C.J. :- The petitioner who is a resident of Sagar Cantonment has filed this writ petition as a Public Interest Litigation challenging the preparation of final electoral rolls of the Sagar Cantonment for elections to the Sagar Cantonment Board.

2. The relevant facts briefly are that the Cantonments Act, 1924 was replaced by the new Cantonments Act, 2006 (for short, 'the 2006 Act') by Parliament. The 2006 Act was brought into force by notification dated 18-12-2006. Under Section 31 of the 2006 Act, the Central Government made and notified on 21-8-2007 the Cantonment Electoral Rules, 2007 (for short 'the 2007 Rules'). Thereafter the Sagar Cantonment Board undertook the demarcation of wards in Sagar Cantonment in accordance with the 2007 Rules. The petitioner filed his objection to the revision of the wards in the Sagar Cantonment stating that there have been lot of encroachments resulting in increase of number of voters and that the encroachers have no right to be included in the electoral rolls. By order dated 12-9-2007, the Cantonment Board, Sagar disposed of the objections holding inter-alia that the present exercise is only to fix the boundaries of wards and




















































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