Judgment - 1. This Pull Bench has been necessitated by three election petitions filed by three defeated candidates in an election to the Janapad Sabha, and the question that arises for our determination is with regard to the interpretation and construction of Act I of 1955 passed by the Madhya Pradesh Legislature.

2. It appears that the Nagpur High. Court in a Full Bench decision in Kanglu Baula v. Chief Executive Officer, Janapad Sabha Durg ILR 1954 Nag 875: (.(S) AIR, 1955 Nag 49) (A) took the view that the electoral rolls prepared under the relevant Act under which elections to the Janapadsabha were held were not proper and the elections held pursuant to those rolls were void. In order to get over the effect of this decision an Ordinance was passed, being Ordinance 1 of 1954 and the Ordinance was substituted sub-sequently by Act I of 1955, the Act in question. It is a short Act and Section 3(1) provides:

"(1) Notwithstanding the Order of any Court to the contrary or any provision in the Act °r the rules thereunder-

(a) the electoral rolls shall be and shall always be deemed to have been validly prepared, published and republished; and

(b) the electoral rolls shall be deemed to have

Click Here to Read the rest of this document