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1969 Supreme(Ori) 277
IN THE HIGH COURT OF ORISSA
Barman, Patra, JJ.
TARINI CHARAN PATNAIK - APPELLANT
Versus
STATE OF ORISSA AND OTHERS - RESPONDENT
O.J.C. No. 105 of 1969
Decided On : 10-04-1969
R. Mohanty, R.K. Kar, S.N. Kar and N. Patra, for the Appellant; A.G. in O.P. Nos. 1 to 3, C.V. Murty, D. Sahu, Y.S.N. Murty and L. Rath for Interveners, for the Respondent
Irregularities in the electoral roll and division of wards, if not fatal to the election and if the mandatory requirements of the law are substantially complied with, will not invalidate the election.
Headnote:
ELECTION - Electoral Roll - Irregularities - Whether fatal to election - Division of Municipality into wards - Consultation with Councillors - Equitable distribution of population and compactness of area - Whether mandatory - Locus standi of Petitioner to file writ petition.
Fact of the Case:
Petitioner challenged the electoral roll prepared for the Berhampur Municipality election on grounds of non-compliance with Election Rules and improper division of wards without consulting Councillors and considering equitable distribution of population and compactness of area.
Finding of the Court:
1. Rules 3 and 5 of the Orissa Municipal (Councillors) Election Rules, 1950, are directory and substantial compliance is sufficient. 2. The electoral roll, despite irregularities, was not entirely worthless and did not affect the election. 3. The State Government consulted the Municipal Council before dividing the Municipality into wards, as required by Section 12(2) of the Orissa Municipal Act, 1950. 4. The division of wards considered equitable distribution of population and compactness of area, as mandated by Section 12(2). 5. The Petitioner's locus standi to file the writ petition was not determined due to the findings against the Petitioner on merits.
Issues: 1. Whether the irregularities in the electoral roll were fatal to the election. 2. Whether the State Government consulted the Municipal Council before dividing the Municipality into wards. 3. Whether the division of wards considered equitable distribution of population and compactness of area. 4. Whether the Petitioner had the locus standi to file the writ petition.
Ratio Decidendi: 1. The Election Rules are directory, and substantial compliance is sufficient. The electoral roll, despite irregularities, was not entirely worthless and did not affect the election. 2. The State Government consulted the Municipal Council before dividing the Municipality into wards, as required by Section 12(2) of the Act. 3. The division of wards considered equitable distribution of population and compactness of area, as mandated by Section 12(2). 4. The Petitioner's locus standi to file the writ petition was not determined due to the findings against the Petitioner on merits.
Final Decision: The writ petition was dismissed, but there was no order as to costs.
JUDGMENT :
Barman, C.J. - In this petition, the Petitioner challenges as worthless the electoral roll of the Berhampur Municipality, prepared for the purpose of polling on January 31, 1969, on the ground that Rules 3 and 5 of the Orissa Municipal (Councillors) Election Rules, 1950 (hereinafter referred to an the Election Rules) were not complied with in that inter alia there is difference between the Telugu and Oriya voters list published and that some of the names of the streets found in certain wards of the Municipality had been omitted from the list-all as stated in the petition. The Petitioner also challenges the manner in which the Municipality had been divided into wards in that in disregard of the mandatory provisions of Section 12(2) of the Orissa Municipal Act, 1950 (Orissa Act No. 23 of 1950)(hereinafter referred to as the Act) the opposite parties without consulting the Councillors purported to divide the wards without taking into consideration equitable distribution of population and compactness of the area as required by the section.
2. After the writ petition was filed, some persons, including eight candidates who were elected uncontested from some of the wards, filed applications to be joined as parties to oppose the writ petition. The said petitions by the interveners were allowed by our order dated January 30, 1969.
3. At Berhampur, the Municipal electoral roll was finally published on December 6, 1968, nominations were filed on January 11, 1969 and scrutiny of the nominations was done on January 14, 1969. A list of the contesting candidates was finally published on January 15, 1969 and polling was fixed to be held on January 3], 1969. On January 24, 1969 this petition was filed for issue of an appropriate writ, directing the Election Officer to forbear from holding the elections in accordance with the voters' list as published and in accordance with the purported division of wards on the grounds as fully stated in the petition. 00 January 30, 1969 this Court admitted the writ petition and made an order allowing the election to proceed but all procedures as laid down in Rules 53 to 59 of the Election Rules were stayed. On the said date the interveners' petitions were allowed as aforesaid.
4. The main point urged on behalf of the Petitioner was that the electoral roll was so worthless that it could not be the basis on which the election could be held. As regards the wards, the Petitioner's point is that they were made in disregard of the principles of equitable distribution of population and compactness of areas as required by the Act.
5. Rules 3 and 5 of the Election Rules are these:
3. Preliminary Electoral Roll for the Municipal Ward-For each ward, the Election Officer shall prepare in Form I an electoral roll comprising of the names of voters included in the electoral roll of the Assembly Constituency relatable to the area of that ward. The roll shall be divided into parts for each polling area. Polling areas shall be distinguished by capital letters and the name of the polling centers shall be entered against each polling area.
5. Language of the electoral roll-The electoral roll shall be kept in Oriya provided that the Election Officer may direct that the electoral roll or any portion of it shall also be kept in any other language or languages spoken in a particular Municipality.
6. It was argued on behalf of the Petitioner that the voters list is the bed-rock of election. Indeed the settled position in law is that it is of the essence of elections that proper electoral rolls should be maintained and in order that proper electoral rolls should be maintained it is necessary that after the preparation of the electoral roll opportunity should be given to the parties concerned to scrutinize whether the persons enrolled as electors possessed the requisite qualifications; opportunity should also be given for the revision of the electoral roll and for the adjudication of claims to be enrolled therein and entertaining ob
