DEV PRAKASH BALMUKAND Vs. BABU RAM REWTI MAL

JUDGEMENT

(1.) This is an appeal under Clause 10 of the Letters Patent against a judgment of Mahajan, J., setting aside the entire election to the Municipal Committee of Nuh on a petition under Article 226 of the Constitution. The appellant is a successful candidate at the election and the appeal is supported by the State, the contesting respondents being certain voters at whose instance the petition was allowed by the learned Single Judge. This appeal came up in the first instance before two of us but because of conflicting decisions in this Court on the main question involved in the case it was referred for decision to a larger Bench.

(2.) The election has been set aside on the view that the electoral roll on the basis of which the election was held had not been prepared according to the rules and it is this question with which we are in the main concerned. The electoral roll was first published on the 21st August, 1959. Objections were Invited and fourteen objections were actually filed of which ten were allowed and four rejected. The final roll was published on the 29th August, 1959, and the election, that is the poll, took place on the 17th October, 1959. The petition under Article 226 of the Constitution challenging the election was filed on the 5th November, 1959. It thus appears that although the electoral roll said to be defective was finally published on the 29th August, 1959, the Petition was not made till about two months later, and after the result of the election was know". I mention this fact because at one stage of the arguments it was urged that as the Petition challenging the election was delayed without any satisfactory explanation no relief should be granted to the petitioners- respondents under the extraordinary jurisdiction of this Court. It appeared to us however, even during arguments that this case should be settled on merits that much of the doubt arising out of conflicting decisions may be removed.

(3.) Prior to 13th August, 1959, the rules framed under the Punjab Municipal Act required that election to a Municipal Committee should be held on the basis of the electoral roll prepared for the election to the Punjab Legislative Assembly and the relevant part of the Punjab Legislative Assembly roll was under the relevant rule the roll for the Municipal election. Sometime in the beginning of August, 1959, however, Punjab Government decided to amend the rule although the amendment was actually made on the 13th August, and published on the 14th August. On the 4th August, 1959, a circular letter was addressed to the Deputy Commissioner and various Municipal Committees indicating that steps for the preparation of the electoral rolls should be taken in good time to be ready for thie elections by the 20th August, and it was indicated in the letter that Government contemplated an amendment of R. 8, which was the relevant rule. As I have said, the rule was actually amended on the 13th August, 1959, by adding a proviso that Government may, if so inclined, direct that the Punjab Legislative Assembly roll shall not be used for the Municipal election and a fresh roll in accordance with Rules 8-A to 8-K, which were added on the same day, shall be Prepared. The actual direction to this effect was issued on the 19th August, 1959, and, as I have mentioned, the roll was published on the 21st August and objections to it invited in accordance with the new rules. Before the amendment, R. 8 was in these words:-