The finality of the electoral roll and the inability to challenge its validity in an election petition.

JUDGMENT :

1. This writ petition is directed against the order dated 20.4.2022 passed by learned Election Tribunal (learned Additional Civil Judge No.15), Chaksu, Headquarters Jaipur Metropolitan-I in Election Petition No.4/2021 CIS No.4/2021 CNR No.RJJM270014562021 whereby, while allowing the election petition filed by the respondent no.1/election petitioner, election of the petitioner as Member, Zila Parishad, Ward No.22, District Jaipur, has been set aside, the election has been held to be void, she has been held to be disqualified and the respondent no.1, the election petitioner, has been declared to be the elected Member from the Ward No.22.

2. The relevant facts in brief are that the respondent no.1 filed an election petition under Section 43 of the Rajasthan Panchayati Raj Act, 1994 (for brevity-`the Act of 1994’) read with Rule 80 of the Rajasthan Panchayati Raj (Election) Rules, 1994 (for brevity- `the Rules of 1994’) assailing the election of the petitioner as Zila Parishad Member from Ward No.22, Jaipur on the premise that electoral roll of the Ward No.22 contained electors from certain villages of Ward No.23 and 24 as per the delimitation carried out prior to election. It was contended that had the electors from Ward No. 23 and 24 not been permitted to cast their vote in the Ward No.22 and their votes are excluded, the election petitioner would have won the election by 570 votes. It was, therefore, prayed that election of the petitioner as Ward Member be declared void, result of the election be cancelled and the election petitioner be declared as the elected candidate.

3. The petitioner in her reply to the election petition submitted that the election was held as per the final electoral roll of the year 2021 published on 19.4.2021 and none of the voters outside the electoral roll prepared for the Ward No.22 was permitted to cast vote in the election.

4. On the basis of pleadings of the parties, the learned Election Tribunal framed four issues including relief. The parties led their respective evidence.

5. The election petition has been allowed by the learned Election Tribunal vide its order dated 20.4.2022 in terms as stated hereinabove.

6. Learned Senior Counsel for the petitioner, Shri Rajendra Prasad submitted that Section 18 of the Act of 1994 provides that for each Ward or Constituency so divided under this Act, there shall be prepared and maintained by or under the supervision of the State Election Commission, an electoral roll and as per Section 18C, every person, who is registered in the electoral roll of any Ward or Constituency, shall be entitled to vote in that Ward or Constituency and it shall not be permissible for such voter to cast vote in more than one Ward or Constituency or to cast vote more than once in the same Ward or Constituency. Inviting attention of the Court towards the provisions of Article 243-O of the Constitution of India, learned Senior Counsel contended that no election to any Panchayat can be called in question except by way of an election petition presented to such authority and in such a manner as is provided by or under any law made by the legislature of a State. He submitted that as per Section 43 of the Act of 1994, an election can be called in question by way of a petition presented on the prescribed grounds. Learned Senior Counsel submitted that Rule 80 of the Rules of 1994 lays down the manner of challenging an election under the Act. He submits that under clause (d)(iii) of Rule 80, an election under the Act or under the Rules may be called in question on account of improper reception, refusal or rejection of any vote or the reception of any vote which was void. Shri Rajendra Prasad submitted that if the provisions of Rule 80 are read in harmony with other provisions of the Act and the Rules, it is apparent that casting of a vote by an elector registered in the electoral roll of a particular Ward or Constituency, does not fall within the mischief of Rule 80 (d) (iii).

7. Referrin