MAHMADHUSEIN KURBANHUSEIN MITHIBORWALA Vs. ONALI FIDAALI

JUDGEMENT

(1.) The petitioner who was the original opponent No. 1 to the election petition has challenged the order of the Election Tribunal viz. the Assistant Judge Panchmahals dated 22nd March 1968 dismissing the petitioners application to treat the list of the voters as conclusive evidence under sec. 10(3) of the Gujarat Municipalities Act 1963 hereinafter referred to as the Act and to desist from further inquiry by recording evidence as regards the age of the twenty-four voters who have been alleged to be below 21 years of age and were therefore alleged to be not qualified to be included in the voters list.

(2.) Sec. 9(1) provides for the list of voters. It enacts that the electoral roll of the Gujarat Assembly prepared under the provisions of the Representation of the People Act 1950 for the time being in force on such date as the State Government may by general or special order notify in this behalf for such part of the constituency of the Assembly as it included in the relevant ward of a municipal borough shall for the purposes of this Act be deemed to be the list for such ward.

(3.) Sec. 9(2) provides for its publication. Sec. 9(3) lays-down that if on an application made the Officer who is to maintain the list of voters under sub-sec. 2 or on his own motion the designated officer is satisfied that the list of voters is at variance with the relevant part of the electoral roll of the Gujarat Legislative Assembly on account of any mistake in the list he shall amend the list so as to bring it in conformity with the said electoral roll and for that purpose may amend delete or add any entry in that list.