BRIJBEHARI Vs. EMPEROR

JUDGEMENT

(1.) This is an application in revision, against the conviction of the petitioner under Section 167; Indian Penal Code.

(2.) A general election of the Dinapur Nizamat Municipality was fixed for 10th January 1938, and the Chairman of the municipality, acting under Rule 18(l), Bihar Municipal Election Rules, 1937, appointed) the head clerk of the municipality?a post held by the petitioner?with the tax collectors of the municipality as his assistants, to prepare the electoral rolls of all persons entitled to be registered as voters in each of the five wards into which the municipality was divided at that time.

(3.) In September 1987, Government intimated that they were contemplating the division of the municipality into single-seated wards and asked that the election proceedings be postponed. In October came a Government Notification dividing the municipality into 16 wards instead of the former five plural-seated wards. The general election in accordance with this new division was fixed for 11 May 1938. Under Rule 13(3) the electoral roll were to be signed and delivered to the chairman not less than 120 days before the date fixed for the general election; and on 11 January 1938, electoral rolls were so handed over to the chairman, including Exs. 20 and 20/1, the rolls for wards 4 and 5, which were admittedly written by the petitioner.