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2015 Supreme(MP) 935

A.M.KHANWILKAR, K.K.TIWARI
Union of India – Appellant
Versus
Gopal Das Kabra – Respondent


Advocates Appeared:
Indira Nair, Senior Advocate with Rajas Pohankar, R1, Vivek Rusia, K.N. Fakhruddin, R2, Prashant Singh, Advocate with Manas Mani Verma, Advocates.

JUDGMENT :

1. These two writ appeals take exception to the judgment of the learned Single Judge of this Court dated 22.04.2015 in W.P.No.93/2015.

2. That writ petition was filed by one Gopal Das Kabra (respondent No.1) seeking direction against the concerned Authorities to prepare voters list strictly in accord with Rule 10 of the Cantonments Electoral Rules, 2007 (hereinafter referred to as "the said Rules"), by removing the names of encroachers and residents of illegally constructed houses and which have not been allotted house number by the Cantonment Board, Pachmarhi. Consequential relief prayed, is that, the Authorities be restrained from conducting election to Ward of Members on the basis of the impugned voters list (Annexure-P/12).

3. The writ petitioner claims to be a permanent resident of Pachmarhi area. He had contested election of Cantonment Board, Pachmarhi in the year 2008 and was defeated by a narrow margin of 292 votes. He had filed W.P.No.7169/2008 before this Court seeking similar direction against the concerned Authorities to strictly adhere to Rule 10 while preparing the electoral rolls of Cantonment Board, Pachmarhi. That writ petition was disposed of on 08.07.2010





























































































































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