RUDRESHWARI PRASAD Vs. ELECTORAL REGISTRATION OFFICER

JUDGEMENT

(1.) THE petitioner in this petition is a resident of 33, Tagore Town, Allahabad. This area falls in Ward No. 34 in the Nagar Mahapalika, Allahabad. Today, the 13th of July, 1989, is the last date for filing nomination for elections of the Members of the Corporation of Allahabad. On 12th July, 1989, he made an application to the Electoral Registration Officer for including his name in the Electoral Roll of Ward No. 34, as his name was not found in the Electoral Roll. This application was made with a view to file the nomination paper in order to enable him to contest for the Membership of the Corporation.

(2.) THE grievance of the petitioner is that the Electoral Registration Officer has acted arbitrarily in not accepting his application for adding his name in the Electoral Roll and. as such, a Mandamus is being sought directing the Electoral Registration Officer to accept the application of the petitioner for inclusion of his name in the Roll and also to accept the nomination of the petitioner for election for Membership of the Corporation.

(3.) SECTION 41 of the Adhiniyam authorises the State Government to pass an order making provision in respect of the manner of the preparation of the Electoral Rolls. In exercise of the powers conferred under section 41, the State Government has passed an order, known as The U. P. Nagar Mahapalika Registration of Electors Order, 1978 (hereinafter referred to as the Order). Para 9 of this Order provides that as soon as the Roll for a ward is ready, the Electoral Registration Officer shall publish it in draft by making a copy thereof available for inspection and displaying a notice in Form 1 at the office of the Nagar Mahapalika. It further provides that the Electoral Registration Officer shall, by beat of drum or by amplifier or by any other convenient mode, give publicity in the ward to the fact that the Roll has been published and copy thereof can be inspected free of charge at the office of the Nagar Mahapalika during office hours. Para 10 entitles any person to apply for inclusion of his name in the Roll of a ward. Under Para 11, objections can be filed against the Roll. Para 12, which provides the period for making an application under Paras 10 and 11 of the Order is quoted below :-