SUNIL KUMAR KORI & ANR. versus GOPAL DAS KABRA & ORS. ETC.

SUNIL KUMAR KORI & ANR. versus GOPAL DAS KABRA & ORS. ETC.

Persons living in illegally constructed houses in a Cantonment area, who are encroachers and whose houses are not assigned numbers, are disentitled from being included in the voters list for Cantonment Board elections. Only persons residing in legally constructed, sanctioned houses are eligible to vote. Rule 10(3) of the Cantonment Electoral Rules, 2007, mandates arrangement of names according to house numbers, thus supporting exclusion of encroachers from the electoral roll.

Parties
Appellant: Sunil Kumar Kori; Respondent: Gopal Das Kabra; Respondent: Union of India
Jurisdiction
India
Judgment Date
27 September 2016
Procedural Posture
Civil Appeal / Appeal From High Court Judgment and Review Order
Outcome
Appeals dismissed
Legal Topics
Right to Vote, Encroachment, Electoral Rolls, Cantonment Administration
Election Law Property Law Right to Vote Encroachment Electoral Rolls Cantonment Administration

Case Brief

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Parties

Sunil Kumar Kori

Appellant

Gopal Das Kabra

Respondent

Union of India

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment and Review Order

Legal Issues

  1. 1 Whether persons residing in illegally constructed houses in a Cantonment area are entitled to be included in the voters list and to vote in Cantonment Board elections

Ratio Decidendi

Persons living in illegally constructed houses in a Cantonment area, who are encroachers and whose houses are not assigned numbers, are disentitled from being included in the voters list for Cantonment Board elections. Only persons residing in legally constructed, sanctioned houses are eligible to vote. Rule 10(3) of the Cantonment Electoral Rules, 2007, mandates arrangement of names according to house numbers, thus supporting exclusion of encroachers from the electoral roll.

Court Disposition

Appeals dismissed

Orders

  • Civil Appeals are dismissed.
  • Directions issued for preparation of fresh voters list strictly in accordance with Rule 10(3) of the Cantonment Electoral Rules, 2007.