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1960 Supreme(P&H) 160
PUNJAB & HARYANA HIGH COURT
A.N.Grover, J.
Nitya Nand Kul Bhushan Lal
Versus
Khalil Ahmed Ali Ahmad
Civil Writ No. 1218 of 1959,
Decided On : SEPTEMBER 7, 1960
Elections held on the basis of defective electoral rolls are invalid and can be challenged by any citizen through a writ of quo warranto.
Headnote:
MUNICIPAL ELECTION - ELECTORAL ROLLS - PREPARATION - DEFECTIVE ROLLS - EFFECT ON ELECTION - WRIT OF QUO WARRANTO - ISSUANCE - CONDITIONS.
Fact of the Case:
The petitioner, a resident of Pataudi town and a registered voter in the electoral roll of the Municipal Committee, challenged the election of respondents 1 to 8 as members of the Municipal Committee held on 17th October 1959, alleging that the electoral rolls on the basis of which the elections were held were not prepared in accordance with the rules.
Finding of the Court:
The court found that the electoral rolls were not prepared in accordance with the rules, as amended, and thus the entire basis of the electoral rolls remained grossly defective and illegal.
Issues: 1. Whether the electoral rolls were prepared in accordance with the rules, as amended? 2. Whether the elections held on the basis of the defective electoral rolls were valid?
Ratio Decidendi: 1. The court held that the electoral rolls were not prepared in accordance with the rules, as amended, because the qualifying date for the purpose of preparing the electoral rolls of the Pataudi Municipal Committee was 20th August 1959, but the draft rolls were published on 21st August 1959 and the final publication was made on 29th August 1959. 2. The court held that the elections held on the basis of the defective electoral rolls were invalid and of no binding effect, as the entire obligation cast upon the authorities holding the elections was not discharged.
Final Decision: The court issued a writ declaring the elections held on 17th October 1959 to the Pataudi Municipality as wholly illegal and void.
A.N.Grover, J.
1. The petitioner is a resident of Pataudi town and is registered as a voter in the electoral roll of the Municipal Committee of that town. By the present petition under Article 226 of the Constitution, the election of respondents 1 to 8 as members of the Municipal Committee at the elections held on 17th October 1959 has been challenged.
2. By a notification dated 1st/10th August 1959 which appeared in the Punjab Government Gazette (Extraordinary) of 12th August, 1959, the Punjab Government divided the Pataudi Municipality into seven wards from which eight members had to be elected. On 4th August 1959, the Director of Elections (Local Bodies) wrote a letter to the Deputy Commissioner, Gurgaon, directing him to start the preparation of the electoral rolls for the ensuing Municipal elections of all the Municipal Committees in his district by rearranging, according to new wards, the Punjab Legislative Assembly Electoral Rolls, 1958, relating to the areas of each Municipality. This letter was forwarded by the Deputy Commissioner to the Administrator, Municipal Committee, Pataudi, by means of an endorsement made on 7th August 1959.
It was stated in the letter (Annexure B) that a definite detailed programme with regard to the election proceedings which were to be held near about 20th August 1959 would be sent after some days but it was necessary that the preparation should be taken up in right earnest at all levels. One of the preliminary steps was to have the electoral rolls which were to form the basis, ready. Under rule 8 of the Punjab Municipal Election Rules, 1952, the electoral rolls of the Municipal Committees have to be the finally published electoral rolls for the State Legislative Assembly in relation to their constituencies operating on the date fixed by the Deputy "Commissioner for the submission of nomination papers under Rule 10, It was indicated in the letter that the State Government contemplated amending Rule 8 suitably so as to specify therein that the
electoral rolls to be used for municipal elections shall be the electoral rolls prepared ward-wise and published by the Deputy Commissioner. Till amendment to that effect was made in the Municipal Election Rules, the Assembly electoral rolls of 1958 were to be arranged according to the finally delimited proposed wards.
The Deputy Commissioner, Gurgaon, sent to the Administrator of the Municipal Committee, Pataudi, vide his endorsement No. 3578/LB dated 20th August 1959, a copy of another memorandum No. DE-59/34 from the Director of Elections to all the Deputy Commissioners in the State containing instructions regarding preliminary publication, disposal of claims and objections and final publication of municipal rolls to be used for municipal elections (Annexure C"). From these instructions it was clear that the preliminary rolls were to be published on 21st August 1959 for the purpose of inviting claims and objections from the residents and 25th August 1959 was to be fixed as the last date for filing of the claims and objections.
These claims and objections, if any, were to be disposed of by the revising authorities by the 27th August 1959. The rolls were then to be finally published on 29th August 1959. Meanwhile under proviso to Rule 8 of the Municipal Election Rules, 1952, the Punjab Government had directed by means of letter No. 9158-LB-3L-59/29550 dated 19th August 1959 that the electoral rolls for the Punjab Legislative Assembly, 1958, should not be used for the purpose of the ensuing municipal elections in the State for which fresh rolls were to be prepared in the manner specified in Rules 8A to 8K of the Municipal Election Rules, 1952, as amended up to date. Rules 8A and 8D of the rules, as amended are as follows:
"8A. Preparation of rolls. (1) When a direction is given by the State Government under the proviso to Rule 8, the Deputy Commissioner shall, under the superintendence of the Director of Elections (Local Bodies), cause to be pr
