P T RAJAN Vs. T P M SAHIR

JUDGEMENT

(1.) Issues 1,2 and 3 raised in this case were heard as preliminary points today. The issues concerned are the following:

(2.) Issue No.2: This is a case where there is an allegation that after the last date for filing the nominations viz. 23.4.2001, the final voters list relating to No.25 Kozhikode II Assembly constituency was meddled with in such a way that 19045 names were deleted and 6828 voters were added thereto. It is also alleged that the changes aforementioned were made by the District Electoral officer, electoral Registration officer and Tahsildar (Election) in collusion with the first respondent with the intent of giving undue benefit to the 1st respondent and that the result of the election was materially affected due to the illegal reception and rejection of votes.

(3.) According to the learned counsel for the first respondent, in view of the allegations against the Electoral Officers as above, they are necessary parties to the Election Petition. In this regard reliance is also placed on the decision in Lakshmi Chara Sen and others V. A. K. M. Hassan Uzzaman and others ( AIR 1985 S.C. 1233). It was observed therein , while deciding the question whether an election can be allowed to be held as per the alleged defective electoral roll and while finding that it is not possible to issue any writ of mandamus to the Electoral Registration Officers for inclusion or exclusion of names of persons from the electoral rolls, it was found that the authorities actually responsible for the lapse are the Electoral Registration Officers, and when they have not been made parties to the petition, no writ of mandamus can be issued against them.