RAMGULAM SHRI BAIJNATH PRASAD Vs. COLLECTOR DISTRICT GUNA

JUDGEMENT

(1.) THIS petition under Article 226 of the Constitution has been filed by the petitioner against an order passed by the Naib Tahsildar dated 16-9-70, who corrected the electoral roll for ward No. 2, Chanderi Municipal Council, and allowed the inclusion of the name of respondent No. 3. The petitioner has also challenged the election of respondent No. 3 from ward No. 2 of the Chanderi Municipality as according to the petitioner the inclusion of the name of respondent No. 3 in the voters' list was beyond the powers of the Naib Taihsildar and, therefore, respondent No. 3 was not a voter in the voters' list of Chanderi Municipality for the election held on 26-10-70. Consequently, he could not stand as a candidate for the election held on 26-10-70.

(2.) ACCORDING to the petitioner, Collector Guna under Rule 8 of the M. P. Municipalities (Preparation, Revision and Publication of Electoral Rolls, Election and Selection of Councillors) Rules, 1962, issued a notice to the effect that the electoral roll for general election of Municipal Council Chanderi was prepared and it was duly published on 13-7-70. Whatever claims and objections were preferred to the Tahsildar Pargana Mungaoli, were duly decided and no appeals were preferred against the orders of Tahsildar before the Sub-divisional Officer, Ashok-nagar. Therefore, under Rule 8, the Collector caused publication of the final electoral rolls, and these electoral rolls became final from the date of their publication, i. e. 31-8-70 for the Municipal Council Chanderi for the elections of the Municipal Councillors, which were held on 26-10-70. Under Rule 8 of the Rules, clerical errors in the electoral rolls could be corrected at any time upto date of election by Revenue Officer not below the rank of Naib Tahsildar, as may be appointed by the Collector in this behalf and, therefore, the Collector, Guna appointed non-petitioner No. 2 to exercise powers under Rule 8.

(3.) ACCORDING to the petitioner, in the voters' list of the assembly of 1966 in respect of Chanderi ward No. 2 at serial No. 177 name of non-petitioner No. 3 was entered and at serial No. 179 name of the brother of non-petitioner No. 3 was entered. But according to the petitioner when the list was finally published as mentioned above, the name of non-petitioner No. 3 was not included, but the name of his brother Gopal Narain was included at serial No. 121. Non-petitioner No. 3 Govind Narain applied to the non-petitioner No. 2, Naib Tahsildar Chanderi that his name is entered at serial No. 121, but he is described as Gopal Narain son of Ramprasad aged 28 years and he, therefore, submitted that this name be removed and his name be included in the voters' list. According to the petitioner, the Naib Tahsildar purporting to act under Rule 8 allowed the application of non-petitioner No. 3 and ordered his name to be entered in place of Gopal Narain and it was on the basis of this inclusion of his name in the voters' list that non-petitioner No. 3 contested the elections and ultimately succeeded from ward No. 2 defeating the petitioner.