Judgment

S.B. Sinha, J.—Whether non-publication of a final electoral roll would render a general election invalid in law is the core question involved in this appeal filed by the Appellant herein under Section 116A of the Representation of the People Act, 1951 (hereinafter referred to as ‘the 1951 Act’) which arises out of a judgment and order of the High Court of Kerala dated 7.3.2002 passed in E.P.No. 8 of 2001 whereby and whatunder his election petition was dismissed.

Background Fact :

2. The election in question was held for Kozhikode II Legislative Assembly Constituency on 10.5.2001. The first, second, third and fourth respondents herein contested the said election. The appellant herein was the election agent of the second respondent. The said election petition came to be filed in the following circumstances :

A preliminary electoral roll (mother roll) was published in 1999 which was revised on 1.1.2000 and 1.1.2001 purported to be in terms of continuous and special revision scheme. One revision was carried out between 15.3.2001 and 18.3.2001 and another between 21.4.2001 and 23.4.2001. The final electoral roll was published on 23.4.2001. Despite the fact that the last date of acc