ANANDA PRASAD RAY Vs. STATE OF ORISSA

JUDGEMENT

(1.) LATE Krishnakanta Ray, father of the defendant (petitioner), stood as a candidate from the Kendra-para Parliamentary Constituency in the general election of the year 1957. He took a set of electoral rolls and voter's list for that constituency from the Cut-tack District Election Officer and granted the receipt Ext 1 on 7-2-57 to the following effect.

(2.) AT first Mr. Mohanty canvassed all the contentions raised before the learned S. C. C. Judge. He however, ultimately mooted the only contention that the suit at the instance of the State of Orissa is not maintainable. To appreciate the aforesaid contention, an analysis of Mr. Mohanty's argument may be presented. Under article 284 of the Constitution, all moneys received by or deposited with any officer employed in connection with the affairs of the Union or of a State in his capacity as such, other than revenues or public moneys raised or received by the government of India or the Government of the State, as the case may be, shall be paid into the public accounts of India or the public accounts of the State, as the case may be. Under Article 324, Clause (1) of the Constitution, the superintendence, direction and control of the preparation of the electoral rolls for, and the conduce of, all elections to Parliament and to the Legislature of every State and of election to the offices of President and Vice President held under the Constitution, shall be vested in a commission (referred to in the Constitution as the Election Commission ). Under Article 324, Clause (6), the President, or the Governor of a State, shall, when so requested by the Election Commission, make available to the Election commission or to a Regional Commissioner such staff as may be necessary for the discharge of the functions conferred on the Election Commission by Clause (1 ).

(3.) MR. Mohanty concedes that the electoral rolls were supplied to the defendant's father by the District Election Officer and that the price is recoverable by the district Election Officer who is a State servant. He however contends that the district Election Officer is entitled to collect the money not as an officer of the state of Orissa or of the Revenue Department, but in his capacity as the District election Officer functioning under Rule 33 of the Rules framed by the Central government in consultation with the Election Commission of India under the representation of the People Act, 1950. He also concedes that the money so collected from the sale proceeds of the electoral rolls is deposited into the State treasury by the District Election Officer, but that again he does while so functioning under the Representation of the People Act.