The Electoral Registration Officer has the power to correct clerical errors in the electoral roll, and the Returning Officer should give time to the candidate to rebut objections raised against the nomination papers before rejecting them.

K.Sahai, J.

1. Two candidates, namely, Ramkishun Singh and Chetu Ram, were declared elected to the Bihar Legislative Assembly from the Warsaliganj double-member constituency in Nawada Sub-division of Gaya District. They have filed this appeal against the order of Mr. A. K. Saran, sole Member of the Election Tribunal, whereby he has declared their election to be void on the ground that the Returning Officer improperly rejected the nomination papers of Mohammad Manzoor Hassan and Kishun Ram who were candidates for the general and reserved seats, respectively.

2. The facts of the case are these. The constituency was called upon to elect two members to the Bihar Legislative Assembly by a notification dated 19-1-1957. The last date for filing nomination papers was 29-1-1957. The two appellants as well as Mohammad Manzoor Hassan, Kishun Ram and others filed nomination paper. On behalf of Kishun Ram. four nomination papers bearing numbers A/107 to A/109 and A147 were filed. Exhibits 1 and 1 (a) are the papers bearing Nos. A/107 A/108, respectively.

In both these papers, the proposer described the candidates name as Kishun Ram, and the candidate Himself also signed as Kishun Ram. In nomination paper bearing numbers A/109 and A/147, which do not appear to have been put in as ex-liibits, the proposer described the candidates name as Kishun Ram Pasi, and the candidate signed as Kishun Ram.

The Returning Officer rejected the papers bearing numbers A/107, A/108 and A/147 on the date fixed for scrutiny, i. e., 1-2-1957, the first two on the ground that Kishun Rams name did not find place in the electoral roll and a certified copy of any order showing that his name was on the electoral roll was also not produced and the third on the ground that the candidates fathers name had not been mentioned.

Consideration of the paper bearing number A/109 was postponed to the 2nd February when it was also rejected on the ground that the name Kishun Ram Pasi as given by the proposer differed from the name Kishun Ram as signed by the candidate himself. I have mentioned the grounds for rejection of papers bearing numbers A/147 and A/109 as I have gathered them from the Tribunals order. I have not been able to see the papers themselves as they are not exhibits in the case.

3. Mohammad Manzoor Hassan appears to have filed only one nomination paper (Exhibit 1 (b)) which the Returning Officer rejected on the 1st February on the ground that it was mandatory for the candidate to give the names of three symbols in the nomination paper in order of preference but he had given the name of only one symbol.

4. Mr. S. N. Prasad was the Sub-Divisional Officer of Nawada, and he was also appointed as Electoral Registration Officer and Returning Officer. Kishun Ram filed a petition (Exhibit 2) before Mr, Prasad on 28-1-1957, in which he stated that his name appeared by mistake in the electoral roll as Rishun Ram, and prayed that the entry should be corrected to read Kishun Ram, the other descriptions being perfectly correct. Acting as the Electoral Registration Officer, Mr. Prasad passed an order (Exhibit 2 (a)) on the same date saying

"Cor-rect the entry as it is a clerical error",

It is not now in dispute that the correction was not actually made before Kishun Rams nomination papers were rejected. The sudhi patra (exhibit 3), which is the same thing as exhibit C (1), shows that the entry of Kishun Rams name was amended in due course, and the sudhi patra was accordingly printed. The endorsement (exhibit C (4)) shows that 100 printed copies of the Sudhi Patra were re-CEIVED at Nawada on 19-2-1957.

5. In the electoral roll of Nawada Constituency, an electors name was entered against serial No. 71 as Manzoor Hussain son of Akhtar Rahim. This entry appears to have been made on the baas of Mohammad Manzoor Hassans application dated 1-9-1956. On 28-1-1957, he filed a petition (exhibit D) before the Electoral Registration Officer for correction of the entry so as to read