Judgment

KANIA, J.-This is an appeal from the judgment of a learned Single Judge of the Orissa High Court dismissing Election Petition No. 7 of 1985 by the appellant in that court.

2. The facts of the case have been fully set out in the impugned judgment of the High Court and hence, little purpose would be served in setting them out here again. It should be sufficient to note only the few facts required to be set out to appreciate the controversy arising before us.

3. The election in question was to the Legislative Assembly of the Orissa State from 74-Gopalpur (Scheduled Caste) Assembly Constituency. This election was held in March 1985. The last date for filing the nomination papers was February 8, 1985. The date of scrutiny was February 9, 1985. The last date for withdrawal of the nominations was February 11, 1985, February 10, 1985 being a Sunday. The appellant duly filed his nomination papers for the seat and along with the other papers, he filed an attested copy of the relevant part of the electoral roll relating to 67 Sorada Assembly Constituency in which he was an elector. This was required because he was standing for election from a constituency other than the one in which he was an elector. On an objection by one of the candidates, the said nomination paper was rejected for non-compliance with Section 33(5) of the Representation of the People Act, 1951 (hereinafter referred to as "the said Act"). The contention of the appellant is that he had produced before the Returning Officer an attested copy of the relevant part of the electoral roll of the constituency in which he was an elector and hence, the rejection of his nomination paper on the ground of non-compliance with Section 33(5) of the said Act was wrong and bad in law.

4. As we have already pointed out, it is common ground that what the appellant produced before the Returning Officer was an attested copy of the relevant part of the electoral roll of the constituency in which he was an elector and that copy admittedly was dated July 13, 1983. There is a finding that the appellant had obtained the said copy on July 19, 1983 although he sought to contend that he had obtained it in July 19, 1984. The correctness of that finding has rightly not been assailed before us. Section 15 of the Representation of the People Act. 1950 (hereinafter referred to as "the 1950 Act") provides that for any constituency there shall be an electoral roll which shall be prepared in accordance with the provisions of that Act under the directions and supervision of the Election Commission.

5. It is the admitted position in the case before us that the electoral roll of the Orissa Legislative Assembly was directed to be revised and was, in fact, revised as on January 1, 1984 and the supplementary electoral roll notifying the changes to be incorporated on the revision was published and available before February 1985. Section 21 of the 1950 Act deals with the preparation and revision of electoral rolls. Sub-section (1) of that section states that the electoral roll for each constituency shall be prepared in the prescribed manner by reference to the qualifying date and shall come into force immediately upon its publication according to law. Clause (a) of sub-section (2) of that section provides unless otherwise directed by the Election Commission the electoral roll shall be revised in the prescribed manner with reference to the qualifying date before each General Election to the House of the People or to the Legislative Assembly of a State. The provisions of Rule 22 of the Registration of Electors Rules, 1960 (hereinafter referred to as "the said Rules of 1960") read with the provisions of Rules 15 to 21-A thereof show that when the electoral roll has to be revised the names of persons inadvertently omitted have to be included and the names of dead electors and of person who ceased to be or are not ordinarily resident in the constituency have to be deleted from the electoral roll and so on. After th