SPA/317/2022
2022 Latest Caselaw 3583 UK

                    Office Notes,
                   reports, orders
                   or proceedings
SL.
         Date       or directions                      COURT'S OR JUDGES'S ORDERS
No
                   and Registrar's
                      order with
                     Signatures
      11.11.2022                     SPA No. 317 of 2022
                                     Sri Vipin Sanghi, C.J.
                                     Sri R.C. Khulbe, J.

CLARIFICATION APPLICATION (MCC No. 02 OF 2022)

Mr. Pankaj Miglani, the learned counsel for the applicant in the Clarification Application.

Issue notice.

Mr. Dushyant Mainali, the learned counsel

appears and accepts notice on behalf of the appellant.

This application has been moved to seek the

clarification of our judgment dated 15.09.2022.

Mr. Pankaj Miglani submits that, in paragraph

nos. 13 and 16 of our said order, we have observed

that in case the registered flat owner is not residing in

the flat, the tenant/ licensee, who may be residing

therein, would have a right to cast a vote. He submits

that the location of the flats being at a tourist place,

the owners are granting licenses for a short duration to

tourists. He submits that it may be clarified as to what

should be the minimum period of license/ lease, which

is granted, so as to enable the residents to cast their

vote.

We clarify that the license/ tenancy should be

atleast for a period of one year to enable the residents

to cast their vote. In case, the license/ tenancy is

lesser than one year, the owner shall himself or herself

be entitled to cast the vote.

Mr. Mainali, the learned counsel for the appellant,

has also submitted that respondent no. 1 is excluding

the family members of the owner, who may be residing

in the flats in the absence of the flat owners, from

being considered as licensees.

We fail to understand as to how any person, who

is in authorised and permissive occupation, can be

excluded from the said definition. It goes without

saying that a relative of the owner, who is occupying

the flat, with the permission of the owner, is a licensee,

and he/ she should be considered as such for the

purpose of entitling him or her to cast the vote.

With these clarifications, the application stands

disposed of.

         (R.C. Khulbe, J.)           (Vipin Sanghi, C.J.)
           11.11.2022                   11.11.2022
Rahul