PRATAP CHANDRA MAITI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner in this writ petition dated April 15th, 2008 is seeking a mandamus commanding the respondents to permit him to submit papers as a candidate for Purba Medinipur Zilla Parishad, and also to cast his vote in the ensuing three tier Panchayat elections. He is also seeking an order cancelling the subtraction electoral roll published on January 1st, 2008 in so far as he is concerned.

(2.) The electoral roll was published as back as January 1st, 2008. From the receipt at page 22 issued on behalf of the electoral registration officer, it is apparent that the petitioner s application was received by the office of the authority only on April 4th, 2008. Copy of the application submitted by him has not been produced. He has produced only a copy of his representation dated April 10th, 2008 requesting the electoral registration officer to include his name in the electoral roll. It is therefore evident that he did not take immediate steps for submitting application in terms of the provisions of s.23 of the Representation of the People Act, 1950.

(3.) There is no explanation why he waited for more than three months and decided to approach the writ court only after the order was issued and published by the commission notifying the election programme. Mr Bihani is right in saying that in view of the provisions of s.23 of the Representation of the People Act, 1950 and the apex court decision he has cited to me, no step can be taken for amendment, transposition or deletion of any entry in the electoral roll after the last date for making nominations for an election. Though in terms of the notification today is the last date for making nominations, in my opinion, at this grossly belated stage the writ powers should not be exercised to direct the electoral registration officer to amend the electoral roll that was published as back as January 1st, 2008.