ORDER :

Leave granted.

2. The challenge in this appeal is against an order dated 20.12.2007 of the High Court of Judicature at Bombay Bench at Aurangabad passed in Writ Petition No.6084 of 2007, by which Clause 5(f) of a notice dated 01.10.2007 issued under Rule 31(1) of the Registration of Electors Rules, 1960 has been struck down as being without any legal authority or sanction.

3. On the contentions advanced, the short question that would arise for consideration of the Court is whether in matters of revision of the electoral roll for graduates'/teachers' constituencies for election to the legislative council of the State of Maharashtra a fresh roll is to be prepared or the existing roll is to be revised and published after inviting claims and objections.

4. The relevant statutory provisions in this regard which will require to be noticed are Sections 21 and 22 of the Representation of the People Act, 1950 (for short, "the 1950 Act") and Rule 31 of the Registration of Electors Rules, 1960 (for short, "the 1960 Rules"). The said provisions, therefore, are extracted below :-

Section 21. Preparation and revision of electoral rolls.-(1) The electoral roll for each constituency shall be pr