(CHAIRMAN), MUNICIPAL COUNCIL Vs. ANANTHA SUBRAMANIA AYYAR

JUDGEMENT

(1.) The learned Sub-Judge has been tempted to give way to moral indignation and to exhibit great heat. This is a draw-back that has seriously impaired his judgment.

(2.) The question we have to decide is, have the rules for the preparation of electoral rolls been contravened to such an extent, as to render the proceedings of the "revising authority" wholly null and void? We state the question in this form having regard to Rule 6(b) which enacts inter alia: The orders passed by the revising authority shall be final and shall not be liable to be questioned by any legal proceeding.

(3.) The plaintiff has therefore sought to show that the Board which decided against his claim was not properly constituted and that in consequence there was no decision which could become final, within the meaning of that provision. In view of the wording of this rule, we shall refrain, as far as possible, from referring in our judgment, to the various irregularities that have occurred, but do not affect the constitution of the Board or its jurisdiction.