RAMESH CHOUKSEY Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is an appeal filed under Section 2 (1) of the M. P. Uchcha Nyayalaya (Khand Peeth Ko Appeal) Adhiniyam, 2005 against the order dated 7-4-2008 passed by learned Single Judge in W. P. No. 4063 of 2008.

(2.) THE relevant facts briefly are that the appellant is a resident of the area of the Cantonment Board, Jabalpur and he had contested the elections to the office of Member of the Cantonment Board in the years 1976,1982 and 1992 and was elected and he was also the Vice President of the Cantonment Board. In the final electoral roll for election of the Cantonment Board published on 3-1-2008, the name of the appellant has been shown at serial No. 3832 but his father's name has been wrongly mentioned as 'late Bhagirath Chouksey' instead of 'late Deen Dayal Chouksey'. He filed an application for correction of the name of his father in the electoral roll on 17-3-2008. When no decision was taken on his application, he filed Writ Petition No. 4063 of 2008 under Art. 226 of the Constitution before this Court. The respondent No. 2 filed return contending inter alia that the application of the appellant for correction of his father's name in the electoral roll was filed beyond the period of 20 days prescribed in sub-rule (1) of Rule 13 of the Cantonment Electoral Rules, 2007 (for short 'the Rules of 2007') and under sub-rule (7) of Rule 13 of the Rules of 2007, the Chief Executive Officer has to reject any claim or objection to the electoral roll which is not made within the period of 20 days. The learned Single judge accepted the contention of the respondents and dismissed the writ petition by the impugned order dated 7-4-2008. Aggrieved, the appellant has filed this appeal.

(3.) MR. Amit Shukla, learned Counsel lor the appellant, submitted that the appellant had been contesting the elections of the Cantonment Board since 1976 and there is no dispute that the appellant is a resident of Cantonment board, Jabalpur and is an elector and therefore this was a fit case in which the mistake in the electoral roll with regard to the name of father of the appellant should have been corrected pursuant to the application of the appellant filed on 17-3-2008.