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2008 Supreme(MP) 845

A.K.PATNAIK, SANJAY YADAV
MOHAN MAHAVAR – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
Ahadulla Usmani, Dharmendra Sharma Indira Nair, PANKAJ DUBEY, Shashank Shekhar,

Judgment

( 1. ) THE petitioners in these two writ petitions are all residents of different wards of the Jabalpur Cantonment and they have filed these writ petitions as public Interest Litigations challenging the electoral rolls notified on 3-1-2008 for elections to the Jabalpur Cantonment Board.

( 2. ) THE relevant facts briefly are that the Cantonments Act, 1924 was replaced by a 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 preliminary electoral rolls of the Jabalpur cantonment were published on 20-11-2007 inviting claims and objections and the final electoral rolls of the Jabalpur Cantonment were published on 3-1-2008. Aggrieved, the petitioners have filed these two writ petitions under Art. 226 of the Constitution.

( 3. ) IN W. P. No. 1406 of 2008, the petitioners have prayed for writ or order or direction to disqualify the Defence Personnel included in the electoral rolls of all the eight Wards of the Jabalpur Cantonment as






















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