Electoral rolls prepared under the Representation of the People Act are admissible in evidence under Section 35 of the Evidence Act without the author thereof and the person supplying the information being examined in the case.

R. N. MISRA, J.

( 1 ) WHEN this appeal came up for disposal before a Division Bench, the admissibility of the electoral rolls prepared under the Representation of the People Act arose for consideration. A Division Bench of this Court in (1970) 36 Cut LT 1211 (Paramananda Sahu v. Babu Sahu) had taken the view that such electoral rolls were not admissible in evidence under Section 35 of the Evidence Act. In three other cases the same view had also been taken. As the Division Bench in seisin of this First Appeal was of the view that the earlier Bench decision of this Court did not correctly decide the question the following point has been formulated and referred for the opinion of the Full Bench under Rule 3 of Chapter V of the Orissa High Court Rules, Volume I:

"whether the electoral roll prepared under the Representation of the people Act is inadmissible in evidence without the author thereof and the person supplying the information being examined in the case. "

( 2 ) SECTION 35 of the Evidence Act provides:

"any entry in any public or other official book, register or record, stating a fact in issue or relevant fact, and made by a public servant in the discharge of his official duty, or by any other person in performance of a duty, specially enjoined by the law of the country in which such book, register or record is kept, is itself a relevant fact. "

To render a document admissible under this section three conditions must be satisfied: First of all the entry that is relied upon must be one in any publication or other official book, register or record; secondly it must be an entry stating a fact in issue or a relevant fact; and thirdly it must be made by a public servant in the discharge of his official duty, or by any other person in performance of the duty specially enjoined by law. Such documents have been admissible in evidence on account of their public nature, though their authenticity be not confirmed by the usual tests of truth, namely, the swearing and the cross-examination of the persons who prepared them. They are entitled to the extraordinary degree of confidence partly because they are required by law to be kept, partly because their contents are of public interest and notoriety but principally because they are made under sanction of an oath of office, or at least under that of official duty by accredited agents appointed for that purpose.

( 3 ) IT has, therefore, to be first examined as to whether the electoral rolls are prepared and maintained by public officers in performance of duties specially enjoined by the law of the country. This leads to a detailed examination of the provisions of the Representation of the People Act (43 of 1950) (hereinafter referred to as the Act) and the Rules made thereunder. Part III of the Act provides for electoral rolls for assembly constituencies. By Section 15 it is provided that for every constituency there shall be an electoral roll. Section 16 deals with disqualifications, and a person to whom such disqualifications attach is not entitled to be registered in the roll. Section 17 bars registration of one person in more than one constituency and Section 18 bars registration of one person more than once in any constituency. Section 19 provides positive qualifications for registration. Section 21 deals with preparation and revision of the electoral rolls, while Section 22 deals with correction of entries in the electoral rolls. Section 23 authorises any person whose name has not been included in the roll to apply for inclusion of his name. Section 24 provides for an appeal against orders under Sections 22 and 23 of the Act. Part V of the Act deals with certain general provisions. Section 28 (2) (aa)provides that by rules the particulars to be entered into the electoral rolls may be prescribed. Section 30 bars the jurisdiction of the civil court in regard to the right of a person to be registered in the electoral roll. The civil court's jurisdiction is also ousted in regard to any