SUNIL KUMAR KORI & ANR.versusGOPAL DAS KABRA & ORS. ETC.

                            [2016] S S.C.R. 374


A                    SUNIL KUMAR KORI & ANR.
                                     v.
                   GOPAL DAS KABRA & ORS. ETC.
                   (Civil Appeal Nos.9728-9729 of2016)
B                         SEPTEMBER 27, 2016
           [ANIL R. DAVE AND L. NAGESWARA RAO, JJ.J
           Cantonment Act, 2006 - ss.27, 28, 2(zt), (zc), 234, 247, 248 -
    Cantonment Electoral Rules, 2007 - r.10(3) - Right to vote of
    persons living in illegally constructed buildings in a Cantonment
c   area - Held: Persons living in illegally constructed houses are
    disentitled from being included in the voters list - Encroachers are
    not entitled for allotment of house numbers to illegal structures and
    such structures will be marked as unauthorized.
           Judicial notice - Encroachment and illegal constructions on
D   defence land - Held: Avowed legislative policy and the provision~
    of the Act relating to encroachments should be strictly implemented -
    Prompt action has to be taken by the concerned authorities for
    removal of the illegally constructed buildings in the Cantonment
    area - Cantonment Boards should be vigilant and ensure that no
E   further encroachments are made on defence land.
          Dismissing the appeals, the Court
           HELD: 1.1 A perusal of the definition of 'resident' would
    show that it covers only a person who maintains a house or a
    portion of the house which is at all times available for occupation
F   by himself or for his family, even if he is residing elsewhere. As
    per Section 2 (d) of the Cantonment Act, 2006, a building means
    a house. Section 234 of the Act provides that no person shall
    erect a building on any land in a Cantonment without the previous
    sanction of the Board. According to Section 247 illegal erection
    of a building is an offence, punishable with a fine which may extend
G   to fifty thousand rupees. A building erected illegally is liable to
    be demolished as per a direction that inay be issued under Section
    248'; As per the definition of the word 'resident' a house which is
    to be maintained by a person at all times for his or his family's
    occupation is a building constructed after previous sanction !)f
H   the Board. Only a person who resides in such a building is entitled
                                      374
   SUNIL KUMAR KORI & ANR. v. GOPAL DAS KABRA &                             375
                     ORS. ETC.

for registration as a voter. (Para 12) [[386-A-D)                           A
        1.2 The word resident should receive a narrow construction
  in comparison to its synonym 'inhabitant'. A person should be a
  resident of a legally constructed house for being entitled to be
  enrolled as an elector. The word 'inhabitant' as defined in Section
  2 (zc) is very wide, covering persons who ordinarily reside or B
  carry on business or occupy immovable property. Whereas the
  word 'resident' means a person who maintains a house at all times
  which is available for occupation. The house that he maintains
  has to be one which was constructed after obtaining a sanction in
  accordance with the provisions of the Act. There is no restriction · C
  in the width of the word 'inltabitant' and even persons staying in
  houses which are illegally constructed will fall within its purview.
. The fact that the word 'resided' and not 'inhabited' is employed
  in Section 28 for the purpose of eligibility of persons to become
  voters makes it clear that persons who were ordinarily residing
  and carrying on business for temporary periods in illegally D
  constructed houses are not eligible to vote. All persons living in
  the Cantonment area are covered by the expression 'inhabitant'
  and their rights are dealt in the Act. [Paras 13, 14] (386-G; 387-
 A-C]
        1.3 It is well settled principle of interpretation that different    E
 words will have different meanings, depending upon the context.
 Though the words 'resident' and 'inhabitant' are understood to
 be synonyms, for the purpose of the Act they carry different
 meanings. A person who ordinarily resides in a constituency is
 entitled to be registered as a voter in accordance with Section 19
 of the Representation of the People Act, 1950. The phrase                   F
 'ordinarily resident' is defined in Section 20 of the Act of 1950.The
 scope of word 'resident' as defined in the Cantonment Act, 2006
 is completely different from that of 'ordinarily resident' as defined
 in the Act of 1950. The restrictive definition of a 'resident' in the
 Act is peculiar to the Cantonments whereas the definition of                G
 'ordinarily resident' is very wide. Even if a person is residing in
 an unauthorised structure he would be entitled to be included in
 the electoral rolls under the Representation of the People Act.
 [Paras 15, 16, 17] [387-E; 388-A-B; 389-D-E]
        1.4 It is evident from a plain reading of Rulel0(3) that the         H
376           SUPREME COURT REPORTS                       [2016] 5 S.C.R.


A     names of electors shall be arranged according to house numbers.
      It is clear that persons who are living in illegally constructed
      houses which are not assigned any number would not be entitled
      for inclusion in the electoral roll to be prepared in accordance
      with Rule 10(3). Rule 10(3) is not in conflict with Section 28 of
      the Act, rather in conformity with Section 28 making only persons
B
      living in houses with numbers eligible to vote. The submission
      that Rule 10 (3) defeats the substantive rights conferred by
      Section 28 cannot be accepted. [Para 19) [390-E-F]
            1.5 The High Court rightly held that no rights accrue to
      successful candidates in the election conducted pursuant to an
c     interim order, after the election was set aside; and that it was
      made clear in the interim order that the election would be subject
      to the outcome of the Writ Appeal. The directions issued for
      preparation of fresh voters list strictly in accordance with Rule
      10(3) is approved. [Para 21) [391-B)
D            1.6 The judgment in Writ Petition No. 7169 of 2008 was
      confirmed by a Division Bench and it became final. A direction
      was issued in the said writ petition for preparation of a voters list
      strictly in accordance with Rule 10(3), which was confirmed by
      the Division Bench in appeal. It was hel~ that the Board had no
E     obligation to allot house numbers to unauthorized or illegal
      structures and substantial compliance of Rule 10 (3) can be done
      by marking the encroachments as unauthorized structures.
      Initially the Division Bench also directed inclusion of persons
      living in such structures in the electoral roll for the purpose of
      compliance of Rule 10(3) after mentioning that they are
 F    encroachers. In the review filed for modification, the Division
      Bench deleted the said direction of inclusion of encroachers in
      the voters list after mentioning that they are encroachers. There
      is no substance in the contention of the Cantonment Board that
      direction of the Division Bench after modification enables them
G     to include encroachers in the voters list. The finding recorded
      by the Division Bench is that encroachers are not entitled for
      allotment of house numbers to illegal structures and such
      structures will be marked as unauthorized. The Cantonment
      Board has not been authorized to include the encroachers in the
      voters list. It is opined that the clear directions in the said Writ
H
     SUNIL KUMAR KORI & ANR. v. GOPAL DAS KABRA &                       377
                       ORS. ETC.

Petition would disentitle the persons living in illegally constructed   A
houses from being included in the voters list. [Para 22) [391-C-
F)
      1.7 It was brought to the notice that there were several
encroachments and a large number of illegally coustructed houses
in the Cantonment area, and there is a Public Interest Litigation        B
pending in the High Courts and pursuant to the interim directions
in the said Writ Petitions a substantial number of illegally
constructed houses were demolished. The Cantonments ACt, 2006
re-enacted the existing Act of 1924 after taking into consideration
the recommendations made by the Standing Committee of
Parliament on Defence. One of the recommendations made by                c
the Standing Committee of Parliament is to tackle encroachments
on defence lands situated all over the country. Avowed legislative
policy and the provisions of the Act relating to encroachments
should be strictly implemented. Prompt action has to be taken
by the concerned authorities for removal of the illegally                D
constructed buildings in the Cantonment area. The ·cantonment
Boards should be vigilant and ensure that no further
encroachments are made on defence land. [Para 23) [391-H; 392-
A-D)
     Jyoti Basu & Ors v. Debi Ghosal & Ors 1982 (3) SCR                  E
     318:(l982) 1 SCC 691; Municipal Corporation of City
     of Hubli v. Subha Rao Hanumatharao Prayag 1976 (3)
     SCR 883:(1976) 4 SCC 830; Banwari Dass v. Sumer
     Chand 1974 (3) SCR 358:(1974) 4 SCC 817; Kai/ash
     Nath Agarwal v. Pradeshiya Industrial & Investment
     Corporation of UP Ltd. 2003 (1) SCR 1159:(2003) 4                   F
     SCC 305; Election Co111111ission of India and Anr. v. Dr.
     Manmohan Singh and Ors. 1999 (5) Suppl. SCR
     70:(2000) 1 sec 591 - referred to.
     Gibson v. Skibs AIS Marina and Orkla Grobe AIB and
     Smith Coggins, Ltd. (1966) 2 All ER 478 - referred to.              G
                     Case Law Reference
19~Z (3) SCR 318                 referred to          Para 10
197~ (3) SCR 883                 referred to          Para 12
197~ (3) SCR 358                 referred to          Para 13
                                                                         H
378            SUPREME COURT REPORTS                           [2016] 5 S.C.R.


A     2903 (1) SCR 1159               referred to        Para 15
  · 1999 (5) Suppl. SCR 70            referred to        Para 16
          CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 9728-
    9729 of2016.
          From the Judgment and Order dated 17.03.2016 & 21.07.2015 of
B the High Court of Madhya Pradesh at Jabalpur in R. P. No. 33 of 2016
    & Writ Appeal No. 204 of2015.
                                     WITH
          C. A. Nos. 9730-9731 of 2016.
            Ms. Kiran Suri, Vikas Singh, Sr. Advs., Rajesh Mahale, Arvind
c     Kr. Sharma, Raj Kishor Choudhary, Advs. for the Appellants.
          P. S. Patwalia, ASG, Ms. Kiran Bhardwaj, Shekhar Vyas Mukesh
      Kumar Maroria, Harsh Parashar, Advs. for the Respondents.
            The Judgment of the Court was delivered by
            L. NAGESWARA RAO, J. Leave granted.
D
             I. The issue that arises for consideration in the above appeals is
      the right to vote of persons living in illegally constructed buildings in a
      Cantonment area. Respondent No. I in the appeals is a permanent resident
      of Panchamarhi, who contested election to the Cantonment Board,
      Panchamarhi in the year 2008 and was defeated by a margin of 292
E     votes. He filed Writ Petition No. 7169 of 2008 in the High Court of
      Madhya Pradesh at Jabalpur, seeking a direction to the authorities to
      prepare the electoral rolls of the Cantonment Board, Panchamarhi strictly
      in accordance with Rule 10 (3) of the Cantonment Electoral Rules, 2007
      (hereinafter referred to as 'the Rules'). The said Writ Petition was
 F    disposed of on 08.07.2010 with a direction to the Cantonment Board,
      Panchamarhi to prepare the electoral rolls strictly in accordance with
      Rule I 0 (3) forthe years 2010-2011. The said judgment dated 08.07.2010
      in Writ Petition No. 7169 of2008 was confirmed by a Division Bench in
      Writ Appeal No. 798of2010 by a judgment dated 24.09.2010. Rejecting
      the submissions of the Cantonment Board, the Division Bench held as
G     follows:
            "In our opinion, the appellants are under no obligation in
            view of Rule 10 (3) of the Rules to allot house numbers in
            respect of structures which are unauthorized or illegal,
            substantial compliance ofprovisions of Rule I 0 (3) is required
H           to be made and that can be done by marking the
  SUNIL KUMAR KORI & ANR. v. GOPAL DAS KABRA &                                379
          ORS. ETC. [L. NAGESWARA RAO, J.]

      encroachments as unauthorized construction and mention                  A
      them accordingly in the electoral roll for the purpose of
      compliance of Rule 10 (3) of the Rules."
       2. Review Petition No. 972 of2012 was filed for modification of
the judgment dated 24.09.2010 in Writ Appeal No. 798 of2010 which
was allowed on 02.08.2013 and the following words were deleted:                B
      "And mention them accordingly in the electoral roll for the
      purpose of compliance of Rule 10 (3) of the Rules. "
A direction was given to the Cantonment Board to proceed with the
preparation of electoral rolls in accordance with the provisions of the
Act and the Rules.                                                             c
       3. Thereafter, two separate voters lists were prepared by the
Cantonment Board. One list contained the names of persons staying in
houses with numbers and the second list contained names of persons
living in unauthorised houses without numbers. The First Respondent in
the above appeals filed Writ Petition No. 20038of2013, questioning the         D
preparation of two voters lists. He also filed Contempt Petition No.
23 79of2013 for willful disobedience of the directions given by the High
Court for preparation of voters list in Writ Petition No. 7169 of2008.
As the second voters list containing the names of the encroachers was
withdrawn by the Board, Writ Petition No. 20038of2013 was disposed             E
of and Contempt Petition No.•2379 of2013 was closed on 17.02.2014.
A notification dated OS .03 .20 l Swas issued by the Government oflndia
under Section IS of the Cantonment Act, 2006 (hereinafter referred to
as 'the Act') directing elections to be conducted to Panchamarhi
Cantonment Board on 17.05.201 S.
                                                                               F
       4. A provisional voters list was prepared in which the encroachers
were also included and objections were invited. Respondent No. 1
preferred objections to the provisional voters list and requested the
authorities to exclude the names of the encroachers from the voters list.
As his objections were not considered and the voters list was issued, the
First Respondent filed Writ Petition No. 93 of20 l S challenging the voters    G
list. According to Respondent No. I, the voters list was prepared in
willful disobedience of the directions issued by the High Court iri Writ
Petition No. 7169 of2008 and in violation of Rule I 0 (3) of the Rules.
The Cantonment Board filed their reply contending that the voters list
was prepared in accordance with the provisions of Rule JO (3) of the
                                                                               H
380            SUPREME COURT REPORTS                           [2016] 5 S.C.R.


A     Rules and the names of the encroachers were included in the list along
      with the regular residents. The Cantonment Board averred that no
      restriction can be placed on the right to vote of encroachers. The
      Cantonment Board contended that Section 28 of the Act contemplates
      that a person who was not less than 18 years and who was residing in
      the Cantonment area for a period ofnot less than six months was entitled
B
      to vote. By a judgment dated 22.04.2015, a Single Judge of the High
      Court of Madhya Pradesh allowed Writ Petition No. 93 of 2015 and
      directed the· Respondents therein to prepare a voters list as per Rule
      10(3) of the Rules by removing the names of the encroachers and
      inhabitants of illegally constructed houses. Writ Appeal No. 204of2015
c     was filed by the Union of India and others challenging the judgment
      dated 22.04.2015 in Writ Petition No. 93 of2015. By an interim order
      dated 24.04.2015, a Division Bench of the High Court gave liberty to the
      Appellants therein to continue with the election programme on the basis
      of the published voters list, subjectto the outcome of the appeal. Election
      to the Panchamarhi Cantonment was conducted on 17.05.2016 and the
D
      results were declared.
              5. By a judgment dated 21.07.2015, a Division Bench of the High
      Court of Madhya Pradesh dismissed Writ Appeal Nos. 204of2015 filed
      by the Union oflndia and others and Writ Appeal No. 288of2015 flied
      by Kamal Kishore Dhoot. The judgment of the learned Single Judge
E     dated 22.04.2016 in Writ Appeal No. 93 of2015 was upheld. The interim
      relief that was granted on 24.04.2015 was vacated and the Cantonment
      Board was directed to conduct elections on the basis of a revised electoral
      roll to be prepared in accordance with the directions given by the High
      Court in which the names of only qualified electors should be included.
 F    After a detailed examination of the provisions of the Act and the Rules,
      the Division Bench held that an encroacher cannot be an elector. The
      Division Bench also held thatthe Writ Petition which was filed challenging
      the voters list was maintainable. The Cantonment Board filed SLP (C)
      No. 26491 of2015 assailingthejudgmentdated21.07.2015 in WritAppeal
      Nos. 204 of 2015 and 288 of 2015 which was dismissed by an order
 G    dated 21.09.2015. Review Petition No. 3470 of2015 in SLP (C) No.
      26491 of2015 was disposed of by this Court on 16.11.2015 directing the
      Cantonment Board to approach the High Court by filing a Review Petition.
      Liberty was given to the Cantonment Board to approach this Court in
      case of dismissal of the Review Petition by the High Court. Review
 H    Petition No. 950of2015 filed by the Cantonment Board was dismissed
   SUNIL KUMAR KORI & ANR. v. GOPAL DAS KABRA &                                 381
           ORS. ETC. [L. NAGESWARA RAO, J.]

by the High Court on 17.03.2016. The Review Petitioners contended                A
that the encroachers are permitted to vote in the elections to Legislative
Assembly and Parliament and non inclusion of their names in the voters
list for elections to Cantonment Board would result in an anomalous
situation. The High Court rejected the said submission by holding that
the right to vote of the encroachers in the elections to the Cantonment
                                                                                 B
Board was decided on an interpretation of the provisions of the
Cantonment Act and the Rules made thereunder, whereas the elections
to the Legislative Assembly and Parliament are governed by the
Representation of the People Act, 1950. Another point raised by the
Petitioners in the Review Petition was that the voters list for Ward No.
7 was not in dispute and the election to Ward No. 7 ought not to have            c
been set aside. Taking note of the fact that the dispute pertained only to
Wards No. I to 6, the High Court directed the appropriate authority to
examine the matter and take a decision as to whether fresh elections
have to be conducted for Ward No. 7 also. The High Court rejected the
submission that there was a violation of principles of natural justice as all
                                                                                 D
 interested parties wet'e not heard. The High Court held that as the
judgment under review was on interpretation of the Act and Rules there
was no necessity ofimpleading candidates who contested in the elections.
 In any event, the High Court held that the election was directed to be
 conducted subject to the outcome of the appeal and as the appeal was
 allowed, the election that was conducted was 11011 est. The above appeals       E
 are filed challenging the judgment dated 21.07.2015 in Writ Appeal No.
 204 of2015 and order dated 17.03.2016 in Review Petition No. 950 of
 2015.
        6. We have heard Mr. Vikas Singh, learned Senior Counsel
appearing for the Cantonment Board, Ms. Kiran Suri, learned Senior               F
Counsel appearing for the other Appellants, Mr. P.S. Patwalia, learned
Additional Solicitor General appearing for Union oflndia and Mr. Harsh
Parashar, Advocate for Respondent No. I in both the appeals. Mr. Vikas
Singh submitted that Sections 27 and 28 of the Act provide for preparation
of electoral rolls and qualifications of the electors respectively. According
to him, the nature ofresidence ofa person in the Cantonment area is not          G
relevant. Even an encroacher is entitled for inclusion in the electoral roll
if he is not less than 18 years of age and has resided in the Cantonment
area for a period of not less than six months, preceding the qualifying
date. He submitted that Section 28 (2) provides for disqualifications and
that placing a restriction on the right to vote ofan encroacher tantamounts      H
382            SUPREME COURT REPORTS                           [2016) 5 S.C.R.



A     to an additional disqualification. He also submitted that the provisions of
      the Act pertaining to elections have to be strictly construed and there is
      no place for either equity or common law to be applied. He also stated
      that Rule 10 which provides for preparation of the electoral roll is
      procedural in nature and the substantive rights conferred on a person by
      the statute cannot be defeated by the Rule. Mr. Vikas Singh contended
B
      that the Writ Petition challenging the voters list was not maintainable.
      He relied upon Rule 54 which provides for an election to be challenged
      only by way of an election petition. He also submitted that the provisions
      pertaining to preparation of electoral rolls in the Cantonment Act, 2006
      and the Representation of the People Act, 1950 are in pari materia. He
c     further submitted that the election process was complete and the results
      were also declared by the time the Writ Appeal was heard by the High
      Court, in which event the High Court ought not to have set aside the
      election.
             7. Ms. Kiran Suri, learned Senior Counsel appearing for the other
D     Appellants adopted the submissions made by Mr. Vikas Singh. She
      further submitted that the Appellants in Civil Appeal No ....... of2016
      arising out ofSLP (C) No. 20677-20678 of2016 were not parties to the
      Writ Petition and the Writ Appeal. They filed SLP (CC) No. 17256-
      17257 of 2015 against the judgment of the Division Bench dated
      24.04.2015 in Writ Appeal No. 204 of 2015. Pursuant to the liberty
E     given by this Court, they filed a Review Petition before the High Court.
      She also stated that the Appellants secured majority in the elections that
      were conducted on 17.05.2016 pursuant to interim order passed by the
      High Court on 24.04.2015. She urges that the High Court judgment
      warrants interference in view of the fact that the Appellants in Civil
F     Appeal No ........... of 2016 were already declared elected with
      substantial majority. Mr. P.S. Patwalia, learned Additional Solicitor
      General, supported the Appellants and submitted that the judgment of
      the High Court is required to be set aside as the elections to the
      Cantonment Board were held and results declared.

G            8. Mr. Harsh Parashar, Advocate appearing for Respondent No.
      I submitted that one of the objects of the Cantonment Act is removal of
      encroachments. He supported the judgment of the High Court and
      submitted that Section 2 (zt) defines 'residence' which clearly shows
      that only lawful residents are entitled for inclusion in the voters list. He
      also submitted that the judgment of the High Court in Writ Petition No.
H
   SUNIL KUMAR KORI & ANR. v. GOPAL DAS KABRA &                                  383
           ORS. ETC. [L. NAGESWARA RAO, J.]

7 I 69 of 2008 became final and the Cantonment Board prepared the                A
voters list contrary to Rule I 0 (3) of the Rules and the directions issued
by the High Court in the said judgment. As the elections to the
Cantonment Board were conducted pursuant to an interim order which
was made subject to the outcome of the Writ Appeal, no benefit can be
claimed by the Appellants from such election. He also submitted that an
                                                                                  B
encroacher on Cantonment land and an inhabitant ofan illegal structure
cannot claim any right to vote as the statute does not confer such a right.
He referred to Rule 55 of the Rules to submit that an election petition
cannot be filed for inclusion ornon inclusion in the electoral roll. According
to him, the Writ Petition challenging the electoral roll was maintainable.
As the directions given by the High Court were in conformity with the             c
provisions of the Cantonment Act and the Rules made thereunder,
interference with the judgment of the High Court is unwarranted.
        9. The endeavour of the First Respondent has been for preparation
of voters list for election to the Cantonment Board in accordance with
the provisions of the Act and the Rules. He was successful in Writ                D
Petition No. 7169 of2008 as the High Court directed the preparation of
electoral rolls in accordance with Rule 10 (3). When two voters lists
were prepared by the authorities, he again approached the High Court
by filing a Writ Petition as well as a Contempt for willful disobedience of
the directions issued by the High Court in Writ Petition No. 7169 of
                                                                                  E
2008. The authorities withdrew the separate voters list containing the
names of persons residing in houses which were illegally constructed
due to which the Writ Petition and the Contempt were closed. Thereafter,
the authorities prepared a consolidated voters list in which persons residing
in houses with numbers and persons living in illegally constructed houses
also were included. The challenge to the said voters list has culminated          F
in the above appeals. The point that falls for our consideration is the
right to vote of encroachers and other persons living in illegally constructed
houses within a Cantonment area.
       10. This Court in Jyoti Basu & Ors v. Debi Ghosal & Ors
reported in (1982) 1 SCC 691 held that ;;A right to elect.funda111ental           G
though it is to de111ocracy, is, anomalously enough, neither a
fundamental right nor a common law right. It is pure and simple, a
statutory right. "
      11. As the right to elect is dealt with in Section 27 and 28 of the
Act they are reproduced as under:                                                 H
      384      SUPREME COURT REPORTS                       [2016] 5 S.C.R.


      A     "'27. Electoral rolls. - {1) The Board or, where a Board is not
            constituted in any place declared by notification under sub-
            section (1) of section 3 to be a cantonment, the Officer
            Co111111anding the station, shall prepare and publish an
            electoral roll showing the names of persons qualified to vote
            at elections to the Board and such roll shall be prepared,
      B
            revised and finally published in such manner and on such
            date in each year as the Central Government may by rule
            prescribe.
                    (2) Every person whose name appears in the final
            electoral roll shall, so long as the roll remains in force, be
      c     entitled to vote at an election to the Board, and no other person
            shall be so entitled.
                    (3) When a cantonment has been divided into Wards,
            the electoral roll shall be divided into separate lists for each
            Ward.
      D             (4) If a new electoral roll is not published in any year
            011 the date prescribed, the Central Government may direct
            that the old electoral roll shall continue in operation until the
            new roll is published.
            28. Qualification of electors. - {1) Every person who, on such
      E     date as may be fixed by the Central Govern111ent in this behalf
            by notification in the Official Gazette hereinafter in this
-'-         section referred to as "the qualifying date", is not less than
            eighteen years of age and who has resided in the cantonment
            for a period of not less than six months immediately preceding
            the qualifying date shall, if not otherwise disqualified, be
       F    entitled to be enrolled as an elector.
                    Explanation.-When any place is declared a cantonment
            for the first time, or when any local area is first included in a
            cantonment, residence in the place or area comprising the 15
            cantonment on the aforesaid date shall be deemed to be
      G     residence in the cantonment for the purposes of this sub-
            section.
                    (2) A person notwithstanding that he is otherwise
            qualified, shall not be entitled to be enrolled as an elector if
            he on the qualifying date-
      H         (i) is not a citizen of India, or
   SUNlL KUMAR KORI & ANR. v. GOPAL DAS KABRA &                                 385
           ORS. ETC. [L. NAGESWARA RAO, J.]

          (ii) has been adjudged by a competent court to be of                  A
         unsound mind, or
          (iii) is an undischarged insolvent, or
          (iv) has been sentenced by a Criminal Court to imprisonment
          for a term exceeding two years for an offence which is
         declared by the Central Government to be such as to unfit               B
         him to become an elector or has been sentenced by a
          Criminal Court for any offence under Chapter IXA of the
          Indian Penal Code (45 of 1860):
      Provided that any disqualification incurred by a person under
      clause (iv) shall terminate on the lapse of three years from               c
      the expiry of the sentence or order.
      (3) If any person having been enrolled as an elector in any
      electoral roll subsequently becomes subject to any of the
      disqualifications referred to in sub-section (2), his name shall
      be removed from the electoral roll unless, in the case referred
      to in clause (iv), the disqualification is removed by the Central          D
      Gover.nment. "
       12. Section 27 of the Act prescribes the manner of preparation,
revision and publication of electoral rolls. It is clear from Section 28 that
a person who i~ not less than 18 years of age and who has resided in a
Cantonment area for a period of not less than six months immediately             E
preceding the qualifying date shall be entitled to be enrolled as an elector.
The word 'resided' is not defined in the Act, but its grammatical variation
'resident' is defined in Section 2 (zt) which is as follows:
      "(zt) "resident'', in relation to a cantonment, means a person
      who maintains therein a house or a portion of a house which                F
      is at all times available for occupation by himself or his family
      even though he may himself reside elsewhere, provided that
      he has not abandoned all intention of again occupying such
      house either by himself or his family; "                     .
 The other relevant definition is in Section 2 (zc) which is as follows:         G
       (zc) "inhabitant", in relation to a cantonment, or local area
       means any person ordinarily residing or carrying on business
       or owning or occupying immovable property therein, or
       declared as such by the Chief Executive Officer and in case
       of a dispute, as decided by the District Magistrate;                      H
386             SUPREME COURT REPORTS                           [2016) 5 S.C.R.


A     A perusal of the definition of 'resident' would show that it covers only a
      person who maintains a house or a portion of the house which is at all
      times available for occupation by himself or for his family, even if he is
      residing elsewhere. The point to be considered is whether the house to
      be maintained by a person should be a house built after taking previous
      sanction of the Board. As per Section 2 (d), a building means a house.
B
      Section 234 of the Act provides that no person shall erect a building on
      any land in a Cantonment without the previous sanction of the Board.
      According to Section 24 7 illegal erection of a building is an offence,
      punishable with a fine which may extend to fifty thousand rupees. A
      building erected illegally is liable to be demolished as per a direction that
c     may be issued under Section 248 of the Act. As per the definition of the
      word 'resident' a house which is to be maintained by a person at all
      times for his or his family's occupation is a building constructed after
      previous sanction of the Board. Only a person who resides in such a
      building is entitled for registration as a voter. We have considered the
      other provisions of the Act as it is settled law that the Court is entitled
D
      and indeed bound to consider any other parts of the Act which throw
      light on the intention of the legislature while construing the terms of a
      provision. See Municipal Corporation of City of Hubli v. Subha
      Rao Hanumatharao Pravag reported in 0976) 4 SCC 830 at
      paragraph 9.
E             13. The learned Senior Counsel for the Cantonment Board
      submitted that the provisions pertaining to election in the Act have to be
      strictly construed with which proposition we agree. In Banwari Dass
      v. Sumer Chand reported in (1974) 4 SCC 817 at paragraphs 20
      and 21 it was held by this Court that statutory provisions of election law
F     are to be strictly construed and its requirements strictly observed. It
      was further submitted by the learned Senior Counsel for the Appellants
      that the principles of equity and common law are strangers to election
      law. That an Election Petition is not an action at common law, nor in
      equity is no more res integra. The said principle is applicable to
      adjudication of election disputes and not for interpretation of election
G     law. Construing Section 28 on the basis of the above well accepted
      principles of statutory construction, we are of the opinion that the word
      'resident' should receive a narrow construction in comparison to its
      synonym 'inhabitant'. We are of the opinion that a person should be a
      resident of a legally constructed house for being entitled to be enrolled
H     as an elector.
   SUNIL KUMAR KORI & ANR. v. GOPAL DAS KABRA &                                 387
           ORS. ETC. [L. NAGESWARA RAO, J.]

       14. The word 'inhabitant' as defined in Section 2 (zc) of the Act is     A
very wide, covering persons who ordinarily reside or carry on business
or occupy immovable property. Whereas the word 'resident' means a
person who maintains a house at all times which is available for
occupation. As discussed above, the house that he maintains has to be
one which was constructed after obtaining a sanction in accordance
                                                                                 8
with the provisions of the Act. There is no restriction in the width of the
word 'inhabitant' and even persons staying in houses which are illegally
constructed will fall within its purview. The fact that the word 'resided'
and not 'inhabited' is employed in Section 28 for the purpose ofeligibility
of persons to become voters makes it clear that persons who were
ordinarily residing and carrying on business for temporary periods in            c
illegally constructed houses are not eligible to vote. All persons living in
the Cantonment area are covered by the expression 'inhabitant' and
their rights are dealt in the Act. For example, Section 70 provides for
objections to be filed by an inhabitant to the preliminary proposals for
imposition of a tax under Section 66. Likewise, Section 157 of the Act
                                                                                 D
contemplates safety measures in case of outbreak of epidemic diseases
covering inhabitants. Likewise, Section 180 deals with free patients
and Section 197 referring to supply of water mention that persons to be
benefited would be inhabitants.
       15. It is well settled principle ofinterpretation that different words
will have different meanings, depending upon the context. Though the             E
words 'resident' and 'inhabitant' are understood to be synonyms, forthe
purpose of the Act they carry different meanings. In Gibson v. Skibs
A/S Marina and Orkla Grobe A/B and Smith Coggins. Ltd.
reported in (1966) 2 All ER 478 it was held that "[p]rimafacie one
would expect that. when two different words, although practically                F
synonymous in ordinary use, are employed in different parts of the
same regulation dealing with the same kind of topic, they are
intended to have some different meaning." This Court held in Kailash
Nath Agarwal v. Pradeshiya Industrial & Investment Corporation
of UP Ltd. reported in (2003) 4 SCC 305 at paragraph 20 that
"[t]he general rule is that when two different words are used by the             G
same statute, prima facie one has to construe these different words
as carrying different meanings. "
       16. Mr. Vikas Singh, learned Senior Counsel submitted that the
provisions of the Representation of the People Act, 1950, the Registration
                                                                                 H
388             SUPREME COURT REPORTS                            [2016] 5 S.C.R.


A     ofElectors Rules, 1960 and the provisions contained in Section 28 of the
      Act are similar. A person who ordinarily resides in a constituency is
      entitled to be registered as a voter in accordance with Section 19 of the
      Representation of the People Act, 1950. The phrase 'ordinarily resident'
      is defined in Section 20 of the Representation of the People Act, 1950
      which reads as follows:
B
            20. Meaning of."ordinarily resident".- {1) A person shall not
            be deemed to be- ordinarily resident in a constituency on the
            ground only that he owns, or is in possession of. a dwelling
            house there in.
c                  (lA) A person absenting himself temporarily from his
             place of ordinary residence shall not by reason thereof cease
             to be ordinarily resident therein.
                   (1 B) A member of Parliament or of the Legislature of a
             State shall not during the term of his office cease to be
D            ordinarily resident in the constituency in the electoral roll of
             which he is registered as an elector at the time of his election
             as such member, by reason of his absence from that
             constituency in connection with his duties as such member.
      In Election Commission oflndia and Anr. v. Dr. Manmohan Singh
E     and Ors. reported in (2000) 1 SCC 591 this Court approved the
      findings of the High Court on the interpretation of word 'ordinarily resident'
      which read as under:
             "87. Accordingly, this writ application is disposed of holding
             as follows:
 F                  (i) That the 'ordinarily resident' in a constituency as
             mentioned in the Representation of the People Act, 1950 shall
             mean a habitual resident of that place or a resident as a matter
             offact in regular. normal or usual course. It means an usual
             and normal resident of that place. The residence must be
             permanent in character and not temporary or casual. It must
G            be as above for a considerable time, he must have the intention
             to dwell permanently. He must have a settled abode at that
             place for a considerable length of time for which a reasonable
             man will accept him as the resident of that State.
                    (ii) A person holding a declared office as provided by
H            the Act of 1950 can file a declaration in Form 6 and such a
  SUNIL KUMAR KORI & ANR. v. GOPAL DAS KABRA &                                  389
          ORS. ETC. [L. NAGESWARA RAO, J.]

      declaration shall have to be accepted as correct and the                  A
      burden does not lie on such a person to produce evidence 14
      to the contrary- that burden lies on the authority who disputes
      it, regarding holding of declared office.
             (iii) Apart from inquiry regarding holding a declared
      office, such a declaration made by the holder of declared                  B
      office cannot be subjected to any inquiry as the statute by
      creating a deeming provision/ fiction has given that privilege/
      right to the holder of a declared office to make declaration
      regarding 'ordinarily residence' of a place that must be deemed
      to be final.
             (iv) The orders dated 1--3--1994 (Annexure J), notice               c
      dated 2--2--1994 and 16--2--1994 (Annexures D and F) and
      the order dated 3--3--1994 (Annexure I) shall stand quashed
      being without authority of law and having been issued without
      ;urisdiction, and in violation of laws as indicated above. "
        17. The scope of word 'resident' as defined in the Cantonment            D
Act, 2006 is completely different from that of 'ordinarily resident' as
defined in the Representation of the People Act, 1950. The restrictive
definition of a 'resident' in the Act is peculiar to the Cantonments whereas
the definition of 'ordinarily resident' is very wide. Even if a person is
residing in an unauthorised structure he will be entitled to be included in      E
the electoral rolls under the Representation of the People Act. ·
       18. Having considered the ambit of word 'resident' as defined by
the Act we proceed to deal with the Rules which provide for the manner
of preparation of the electoral rolls. The thrust of the Writ Petitions filed
by the First Respondent is that the electoral rolls have to be prepared          F
strictly in accordance with Rule 10 (3) of the Rules. For better
appreciation of the point it would be necessary to reproduce the relevant
Rules which are as follows:
                  " CHAPTER II ELECTORAL ROLLS
       8. Registration. No person shall be entitled to be registered in          G
       the electoral roll for more than one Ward and no person shall
       be so registered for any Ward more than once.
       9. Qualification of elector. Every person who is eligible for
       enrolment as an elector under sub-section (1) of section 28
       of the Act, and is not otherwise disqualified under sub-section
                                                                                 H
390             SUPREME COURT REPORTS                           [2016] 5 S.C.R.


A           (2) of the said section shall be enrolled as an elector.
            10. Preparation of electoral rolls .
            (1) The Board or where a Board is not constituted, the Officer
            Commanding the Station, shall prepare on !st July of each
            year, in English and in the language commonly used in the
B           District in which Cantonment is located, an electoral roll in
            Form I
            (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
c           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
D           shall be numbered as far as practicable, consecutively with a
            separate series of numbers beginning with number one."
             19. It is evident from a plain reading of Rule 10(3) thatthe names
      of electors shall be arranged according to house numbers. It is clear that
      persons who are living in illegally constructed houses which are not
      assigned any number will not be entitled for inclusion in the electoral roll
E
      to be prepared in accordance with Rule 10(3). Rule I0(3) is not in conflict
      with Section 28 of the Act. On the other hand, Rule I0(3) is strictly in
      conformity with Section 28 making only persons living in houses with
      numbers eligible to vote. The submission on behalfoftheAppellantthat
      Rule I 0(3) defeats the substantive rights conferred by Section 28 is not
F     correct and is rejected.
              20. We proceed to deal with the maintainability ofthe Writ Petition.
      The contention on behalf of the Appellant is that there is a procedure
      that is prescribed for claims and objections to the voters list in Chapter
      III of the Rules and that the only remedy open to a person to challenge
G     the voters list is by way of filing an election petition under Rule 54. We
      are unable to agree with the said submission as the proviso to Rule 55
      provides that no election petition is maintainable either for inclusion or
      exclusion in the electoral rolls.
           21. Ms. Kiran Suri, learned Senior Counsel appearing for the other
H     Appellants submitted that the election was conducted on 17.05.2016
   SUNIL KUMAR KORI & ANR. v. GOPAL DAS KABRA &                                  391
           ORS. ETC. [L. NAGESWARA RAO, J.]

pursuant to an interim order and the Appellants in Civil Appeal No.               A
............. of 2016 were elected with a substantive majority. She argued
thatthe High Court should have allowed the Writ Appeal taking note of
the above facts. The High Court held that no rights accrue to successful
candidates in the election conducted pursuant to an interim order, after
the election was set aside. The High Court also held that it was made
                                                                                  B
clear in the interim order that the election would be subject to the outcome
of the Writ Appeal. We agree with the said conclusion of the High
Court and approve the directions that were issued by it for preparation
of fresh voters list strictly in accordance with Rule 10 (3) of the Rules.
       22. The judgment dated 08.07.2010 in Writ Petition No. 7169 of
2008 was confirmed by a Division Bench and it became final. A direction
                                                                                  c
was issued in the said Writ Petition for preparation of a voters list strictly
in accordance with Rule I0 (3). The said direction was confirmed by a
Division Bench. in an appeal filed by the Cantonment Board. It was held
that the Board had no obligation to allot house numbers to unauthorized
or illegal structures and substantial compliance of Rule 10 (3) can be            D
done by marking the encroachments as unauthorized structures. Initially
the Division Bench also directed inclusion of persons living in such
structures in the electoral roll for the purpose of compliance of Rule I 0
(3) after mentioning that they are encroachers. In the review filed for
modification, the Division Bench deleted the said direction of inclusion
                                                                                  E
of encroachers in the voters list after mentioning that they are
encroachers. There is no substance in the contention of the Cantonment
Board that direction of the Division Bench after modification enables
them to include encroachers in the voters list. The finding recorded by
the Division Bench is that encroachers are not entitled for allotment of
house numbers to illegal structures and such structures will be marked            F
as unauthorized. The Cantonment Board has not been authorized to
include the encroachers in the voters list. We are of the opinion that the
clear directions in Writ Petition No. 7169 of2008 would disentitle the
persons living in illegally constructed houses from being included in the
voters list.
                                                                                  G
      23. Before parting with the case it is our duty to deal with the
very disturbing fact of encroachments on defence land. During the
course of hearing; it was brought to our notice that there were several
encroachments and a large number of illegally constructed houses in the
Cantonment area. We were also informed that there is a Public Interest
                                                                                  H
392                SUPREME COURT REPORTS                          [2016) 5 S.C.R.



A     Litigation pending in the High Court of Madhya Pradesh and Jabalpur
      and pursuant to the interim directions in the said Writ Petitions a substantial
      number of illegally constructed houses were demolished. The
      Cantonments Act, 2006 re-enacted the existing Act of 1924 after taking
      into consideration the recommendations made by the Standing Committee
      of Parliament on Defence. One of the recommendations made by the
B
      Standing Committee of Parliament is to tackle encroachments on defence
      lands situated all over the country. In paragraph 12 above, we have
      referred to Section 247 and 248 of the Act which provide for demolition
      of illegally erected buildings and penalties for making illegal construction.
      Section 34 (I) (e) of the Act also provides for removal of a member of
c     the Board who aids or abets encroachment and the illegal constructions
      on the defence land. We are of the considered view that avowed
      legislative policy and the provisions of the Act relating to encroachments
      should be strictly implemented. Prompt action has .to be taken by the
      concerned authorities for removal of the illegally constructed buildings
      in the Cantonment area. The Cantonment Boards should be vigilant and
D
      ensure that no further encroachments are made on defence land.
             24. For the aforesaid reasons, the Civil Appeals are dismissed.
      Nidhi Jain                                                  Appeals dismissed.