KASIREDDI APPA RAO Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) In the elections held on 16-3-1988 to the office of Sarpanch, Mangithurthi Gram Panchayat, the petitioner and the fifth respondent contested; the latter was declared elected by a margin of seventeen votes. The present writ petition was filed on 29-3-1988 challenging the election on the ground that the electoral roll pertaining to Mangithurthi GramPanchayat was defective in that it was not prepared in accordance with the mandatory provisions of the A.P. Gram Panchayats (Registration of Electors) Rules, 1978, (hereinafter referred to as the Rules) issued inG.O.Ms.No.995, Panchayat Raj (Elections-I) dated 30-9-78. The facts as they emerge from the pleadings and the record produced before me are as follows: As per the notification issued on 17-8-87 by the Government the following is the schedule regarding the preparation of Electoral Roll. 1-9-1987: Draft publication of electoral roll. 2-9-87 to 16-9-87 : Time prescribed for filing objections. 17-9-87 to 9-10-87 : Objections to be disposed of 12-10-87 : Final Electoral Roll to be published. The actual publication of the final electoral was done on 26-10-87. Within the time prescribed i.e., between 17-9-87 and 9-10-87 twelve persons filed objections to the effect that the names of twelve persons were wrongly included in the draft electoral roll. On 10-10-1987 the objections were disposed of by the Mandal Revenue Officer, the competent authority. Twelve appeals were filed on 27-10-1987 before the Revenue Divisional Officer the appellate authority i.e., one day after the publication of the final electoral roll. The appeals had not been disposed of but the election was held as already stated on 15-3-1988. These are the admitted facts.

(2.) Sri S. Ramachandra Rao, learned counsel for the petitioner contends that as the electoral roll was vitiated because of the failure of the appellate authority to dispose of the appeals preferred under the statutory Rules the election held on the basis of the illegal electoral roll must be set aside. Countering these contentions Sri V.L.N.G.K. Murty learned counsel for the fifth respondent argues that when once the final electoral roll was published, the failure of the appellate authority to dispose of the appeals would not vitiate the validity of the finality of the electoral roll. Even assuming that the final electoral roll was defective, such defect would extend only to the exclusion of the names of the twelve persons who preferred the appeals before the Revenue Divisional Officer and as the majority secured by the fifth respondent was seventeen, the election should be maintained. In reply to this Sri Ramachandra Rao, learned counsel for the petitioner says that as the electoral roll itself is void, the election held on the basis of such a void list, should not be-permitted to stand. The learned Government Pleader raised a contention that the appeals by the twelve persons before the.Revenue Divisional Officer, are not maintainable inasmuch as they were not presenteed in person.

(3.) Before dealing with the contentions raised, it is necessary to notice the relevant provisions in the Act and the Rules. Under Sec.14 of the Act, the electoral roll for every gram panchayat is prepared under the direction and control of the competent authority authorised by the Government. Section 14-A deals with disqualification for registration in the electoral roll and 14-B speaks of conditions of registration. Section 14-C deals with preparation, revision and publication of the electoral roll. Section 15 deals with re-arrangement and republication of electoral rolls. Section 15-A ousts the jurisdiction of the civil court to entertain or adjudicate any question whether any person is or is not entitled to be registered in an electoral roll for a gram panchayat or the legality of any action taken by or under the supervision of the electoral authority under Sec.14, 14-C or Sec.15. Sub-sec.(4) of Sec.l4-C enjoins that the electoral roll published under sub-section (1) of Sec.l4-C or the electoral roll republished under Sec.15 shall be the electoral roll for the gram panchayat and shall remain in force till a fresh electoral roll for the gram panchayat is published under that section. Under Rule 8 of the Rules a duty is cast on the electoral authority to prepare a draft electoral roll. Rule 12 deals with the publication of draft electoral roll. Rule 13 says that objections to the inclusion of names in the electoral roll can be lodged within fifteen days from the date of publication of the draft electoral roll. Rule 20 deals with notice of hearing of claims and objections. Rule 21 obligates the registration officer to hold a summary enquiry. Rules 22 and 23 speak of inclusion of names inadvertently omitted and deletion of names of dead electors and all persons who have not resided in the village. Rules 24 and 25, basing upon which the main arguments are advanced, are as follows: "Rule 24. Final publication of roll: The Registration Officer shall thereafter:- (a) prepare a list of amendments to carry out his decisions under Rules 19, 21, 22 and to correct any clerical or printing errors or other inaccuracies subsequently discovered in the roll; and (b) publish the roll, together with the list of amendments, by making a complete copy thereof available for inspection and displaying a notice is Form 13 in the following places:-