VINOD KUMAR BAKSHI Vs. DELHI CANTONMENT BOARD

JUDGEMENT

(1.) THE petitioner in the instant case, are aggrieved by publication of electoral Rolls for ward no. 3 of Delhi Cantt. on 2nd January, 2008 by the Chief executive Officer of the Delhi Cantonment Board, and have assailed the action of the respondent no. 1 in causing to be published an electoral roll of the Delhi cantonment Board under Rule 17 of the Cantonment Electoral Rules. The petitioners are aggrieved by the order of the respondent no. 1 sustaining objections received by it and causing to be published an electoral roll after deleting the name of the petitioners. The petitioners have contended that they are residents of the premises bearing no. IV-73, Second Floor, Gopi Nagar of the delhi Cantonment and were registered as electors in the electoral roll published by the respondent no. 1 for 15th September, 2006, at such address. Their names featured at serial nos. 2562, 2563, 2564 and 2565 in the electoral list for Delhi cantonment published on 15th September, 2006 which is reproduced below:- <FRM>JUDGEMENT_198_ILRDLH17_2008Html1.htm</FRM> Again in the preliminary preparation of the electoral roll, name of the petitioners were incorporated in the draft electoral roll at serial nos. 590, 591, 592 and 593.

(2.) THE respondent no. 2 preferred objections to the inclusion of the petitioner's in such rolls. Pursuant to the same, notices dated 6th December, 2007 were issued and were received by the petitioners for hearing of the objections to the inclusion of the petitioner's names in form -IV for a hearing which was to be conducted on 23rd December, 2007. The petitioner participated in the proceedings conducted by the Chief Executive Officer of the respondent no. 1 contending that the objection in form " IV were invalid, not legally tenable required to be rejected and the petitioners were entitled to be registered as electors. To evidence through residents proof, the petitioner placed documents including the driving licence, pass book of the Punjab National bank issued on 28th November, 2006; the identity card issued by the Election commission of India, the ration card of the family dated 19th January, 2007; the election identity cards issued to the petitioner nos. 2, 3 and 4 on 30th May, 2007 and the cooking gas connection dated 29th September, 2007 in the name of the petitioner no. 1.

(3.) MR. Sashi Bakshi, who is the petitioner no. 2, is the wife of Shri Vinod kumar Bakshi, who is the petitioner no. 1 and Shri Ditin Bakshi and Ms. Nidhi bakshi, petitioner nos. 3 and 4 are the son and daughters of the petitioner nos. 1 and 2. Despite objections of the petitioners and the documentary evidence placed before the officials of the respondent no. 1, to support their residence at the above stated address for more than six months, the petitioners contend that the concerned officials were acting in a pre-determined and mala fide manner and have completely ignored the same.