Writ Petition No.7169/2008
8.7.2010
Shri S.P. Rai, learned counsel for the petitioner.
Shri S.S. Chouhan, learned counsel for respondents.
Sole relief which the petitioner seeks in the present
petition under Article 226 of Constitution of India is a
direction to respondent No. 1 to strictly adhere to Rule 10
of the Cantonment Electoral Rules, 2007 while preparing the
Electoral Roll of Cantonment Board, Pachmarhi.
Placing reliance on the electoral rolls prepared by
Cantonment Board, Pachmarhi of the year 2003 and 2009-10 it
is contended by learned counsel for the petitioner that though
electoral rolls for the Cantonment Board Pachmarhi is being
prepared by respondent No. 1 on 1st July of each year; however,
the same is not in consonance with Rule 10 of the Rules, 2007
which stipulates that the electoral roll shall be divided into
separate parts for each ward and the names of electors in each
part of the roll shall be arranged according to house numbers.
It is submitted that respondent No. 1 while preparing the
electoral roll though have divided it into separate part in each
ward but names of electors in each part of the roll are not
arranged in accordance with the house numbers.
The respondent No. 1 though have filed the return but has
not adverted to the aforesaid allegations made by the petitioner.
Rule 10 of the Rules of 2007 stipulates:
“10. Preparation of electoral rolls . – (1) The Board or
where a Board is not constituted, the Officer
Commanding the Station, shall prepare on Ist July of
each year, in English and in the language commonly
used in the District in which Cantonment is located, an
electoral roll in Form I.
2
(2) The electoral roll shall be divided into separate
parts for each ward.
(3) The names of electors in each part of the roll shall
be arranged according to house numbers.
Explanation . – For the purposes of this sub-rule, any
building or unit line used for the purpose of lodging
troops shall be deemed to be a house.
(4) The names of electors in each part of the electoral
roll shall be numbered as far as practicable,
consecutively with a separate series of numbers
beginning with number one.”
A fair reading of the aforesaid Rules reveals that the
respondent Board besides preparing the electoral roll by dividing
it into separate part for each ward are also under an obligation
to arrange the name of electoral in each part of according to
house numbers.
Trite it is that when the Rules provide for doing of things
in certain manner the functionaries are bound to follow the
same.
Having thus considered the petition is disposed of with a
direction to respondent No. 1 to strictly adhere to the provisions
contained in Rule 10 of Rules 2007 while preparing the electoral
roll of 2010-11 of Cantonment Board, Pachmarhi.
The petition is disposed of in above terms. However, no
costs.
(SANJAY YADAV)
J U D G E
Vivek Tripathi
