Calcutta High Court
John Gregory Apcar & Anr vs Thomas Malcom & Ors on 21 October, 2009
Author: Patherya
Bench: Patherya
GA No. 2740 of 2009
GA No. 2741 of 2009
CS No. 413 of 1888
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
JOHN GREGORY APCAR & ANR.
Versus
THOMAS MALCOM & ORS.
For Petitioner in GA No.2740/2009: Mr.Ranjan Bachawat with
Mr.R.Bhattacharyya,Mr.Sanjoy Ginodia,Mr.Monoj
Tiwary
For Petitioner in GA No.2741/2009: Mr.Arindam Sinha with Ms. S. Sanyal
BEFORE:
The Hon'ble JUSTICE PATHERYA
Date : 21st October, 2009.
The Court : G.A.No.2740 of 2009 and G.A.No.2741 of 2009 have been filed for a single purpose. By both the applications the respective petitioners are seeking modification of the scheme as amended by order dated 5th September, 2007. By the said order clauses 4 and 40 of the scheme were amended by inclusion of two criteria for purposes of election and exercise of voting rights. The first criteria related to the voter and elected person being a citizen of India. The second criteria was that the voter and the elected person was to be 21 years of age. The only criteria in respect of which modification is sought is with regard to citizenship of the elected person and the voter. The reason for seeking deletion of Indian citizenship by both the applicants on a broader perspective aims at a single goal. It has been accepted that the number of Armenians have dwindled and to restrict exercise of vote and the elected person to citizens of India will limit the appointment of persons to the committee and voters rights. As by the said applications both the applicants 2 seek modification of the scheme by deletion of citizens of India in clauses 4 and 40 of the scheme let the order dated 5th September, 2007 be modified and the scheme amended thereunder be also modified by deleting "being citizens of India and" from clause 4 and 40 of the scheme. In view of the order passed this day the scheme formulated by order dated 2nd September, 1889 be altered accordingly.
With the aforesaid direction G.A.No.2740 of 2009 and G.A.No.2741 of 2009 are disposed of.
As no affidavit-in-opposition has been filed, the allegations contained in the applications are not admitted.
All parties concerned to act on a xerox signed copy of this order on the usual undertakings.
( PATHERYA, J.) pa