SHER SINGH BUDH SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a petitioner under Articles 226 and 227 of the Constitution of India challenging the election of respondent No. 1 is a member of Sabha of that village and petitioner No. 2 is also a member of the Panchayat and Block Samiti Lambi, apart from the being a member of the Sabha of village Kilianwali. IT is alleged in the petition that the electoral roles of the Punjab Legislative Assembly pertaining to the Sabha area of village Kilianwali contained voters Nos. 1232 to 2130, 8343 to 8671 and 10281 to 10291-the total number of votes being 1239 out which 4 were deleted leaving 1235 votes. The filing of the nomination papers was to take place on the 27th December, 1963, and the poll was to be held on 28th December, 1963. It is unnecessary to mention all the allegations which have been made by the petitioners because in my opinion they are hardly worth noticing. The main and substantial allegation which calls for decision is that a supplementary list of 558 or 559 voters was illegally prepared from serial Nos. 10685 to 11243 and it is legality of this roll which has been seriously challenged. It has been alleged that the names of these voters were entered at more than one place and a list containing such names has been filed vide annexure 'e'. It is apparent form this list that the names of all the persons mentioned therein with few exceptions have been entered at more than one place. The correct number of such person who have been entered twice 56 according to the petitioners counsel and 50 according to the respondents counsel. It has been urged in the petition and before me by the learned counsel for the petitioners and before me by the learned counsel for the petitioners that when the elections was held on the basis of this kind of electoral roll it was wholly invalid.

(2.) IN spite of an opportunity having been given to the counsel for the respondents to file a more detailed return on the above point all that has been stated now in the return file on 9th December, 1964, is that the electoral rolls on which the impugned election of Panchayat Kilianwali was held were prepared according to the instructions and rules as stated in paragraph 9 of the petition. It has not been denied or stated in detail whether the names together with parentage which appear in Annexure 'e' repent the correct state of affairs or not namely whether the names of the voters mentioned therein have not been entered at more than one place. Records were also sent for and it has not been shown that the names and parentage of the different voters who have been entered at more than one place were of different individuals and had been entered on their separate application made in accordance with the rules. In other word other is hardly any challenge or denial of the allegation of the petitioners that the names of these voters with few exceptions have been entered at more than one place in the supplementary roll.

(3.) NOW section of Representation of the People Act 1950 which cells with apart from other matter the preparation of electoral roles lays down that no person shall be entitled to be registered in the electoral roll for any constituency more than once. It is therefore obvious that the supplementary roll as prepared in the present case was illegal. the learned counsel for the respondents has not be able to justify the inclusion or registration of the same voters at more hand one places as indeed he could not in view of section 18 but he has contended strenuously firstly that been if elections were held on these rolls there should be no interference by this Court on the writ side inasmuch as an election petition has already been filed by the petitioners which is pending before the prescribed authority in which is pending before the prescribed authority in which identical allegations have been made and secondly even if it established that the rolls were defective the petitioners cannot succeed unless they show that the result of the election was materially affected thereby. My attention has been invited to section 13-O of the Punjab Gram Panchayat (amendment) Act, 1962 which gives the ground for setting aside elections Clause (d) of sub-section (1) of section 13-O of the Acts read as under