The revision of electoral rolls for graduates' and teachers' constituencies should involve the same process as the preparation of a fresh roll, and the requirement of an eligible voter to submit a fresh application every six years satisfies the provisions of Section 22 of the 1950 Act.

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 prepared in the prescribed manner by reference to the qualifying date and shall come into force immediately upon its final publication in accordance with the rules made under this Act.

(2) The said electoral roll:-

(a) shall, unless otherwise directed by the Election Commission for reasons to be recorded in writing, be revised in the prescribed manner by reference to the qualifying date:-

(i) before each general election to the House of the People or to the Legislative Assembly of a State; and

(ii) before each bye-election to fill a casual vacancy in a seat allotted to the constituency; and

(b) shall be revised in any year in the prescribed manner by reference to the qualifying date if such revision has been directed by the Election Commission:

Provided that if the electoral roll is not revised as aforesaid, the validity or continued operation of the said electoral roll shall not thereby be affected.

(3) Notwithstanding anything contained in sub-section (2), the Election Commission may at any time, for reasons to be recorded, direct a special revision of the electoral roll for any constituency or part of a constituency in such manner as it may think fit :

Provided that subject to the other provisions of this Act, the electoral roll for the constituency, as in force at the time of the issue of any such direction, shall continue to be in force until the completion of the special revision so directed.

Section 22. Correction of entries in electoral rolls.- If the electoral registration officer for a constituency, on application made to him or on his own motion, is satisfied after such inquiry as he thinks fit, that any entry in the electoral roll of the constituency :-

(a) is erroneous or defective in any particular,

(b) should be transposed to another place in the roll on the ground that the person concerned has changed his place of ordinary residence within the constituency, or

(c) should be deleted on the ground that the person concerned is dead or has ceased to be ordinarily resident in the constituency or is otherwise not entitled to be registered in that roll, the electoral registration officer shall, subject to such general or special directions, if any, as may be given by the Election Commission in this behalf, amend, transpose or delete the entry [after proper verification of facts in such manner as may be prescribed]:

Provided that before taking any action on any ground under clause (a) or clause (b) or any action under clause (c) on the ground that the person concerned has ceased to be ordinarily resident in the constituency or that he is otherwise not entitled to be registered in the electoral roll of that constituency, the electoral registration officer shall give the person concerned a reasonable opportunity of being heard in respect of the action propose