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1959 Supreme(P&H) 100
PUNJAB & HARYANA HIGH COURT
I.D.Dua, J.
Lachhman Singh Chuhar Singh
Versus
State Of Punjab
Civil Writ No. 212 of 1959,
Decided On : MAY 29, 1959
The preparation of a separate and distinct electoral roll for each municipal constituency is essential for a valid election, and the delimitation of constituencies is an integral part of the process of preparing the roll.
Headnote:
MUNICIPAL ELECTION - ELECTORAL ROLL - PREPARATION - NECESSITY - DELIMITATION OF CONSTITUENCIES - ESSENTIAL - KEY CHART - VALIDITY - WRIT - JURISDICTION.
Fact of the Case:
Petitioners challenged the validity of the Morinda Municipal Committee elections held in 1959, alleging irregularities in the electoral roll and delimitation of constituencies. The electoral roll used was the one prepared for the Punjab Legislative Assembly, and a key chart was used to assign voters to different wards without any notice or objections.
Finding of the Court:
The court held that the electoral roll used was not constituency-wise and did not comply with the requirements of the Punjab Municipal Act and rules. The preparation of a separate and distinct roll for each municipal constituency was considered essential for a valid election. The key chart used to assign voters to wards was also found to be invalid as it was not issued under any law and the Government had disowned responsibility for its accuracy.
Issues: 1. Whether the electoral roll used for the municipal elections was valid and prepared in accordance with the law. 2. Whether the delimitation of constituencies was carried out properly and in accordance with the law. 3. Whether the key chart used to assign voters to wards was valid.
Ratio Decidendi: 1. The court interpreted Rules 6 and 8 of the Punjab Municipal Election Rules to mean that a separate and distinct roll of each constituency of a Municipality must be prepared before a valid election can be held. 2. The court held that the determination of the territorial limits of the constituencies, or their delimitation, is an essential and integral part of the process of preparation of the roll for each municipal constituency and cannot be left to the discretion of any individual officer. 3. The court found that the key chart used to assign voters to wards was not issued under any law and the Government had disowned responsibility for its accuracy, making it invalid.
Final Decision: The court allowed the writ petition, set aside the impugned election, and directed that a fresh election be held in accordance with the law.
I.D.Dua, J.
1. In these connected writ petitions (Civil Writs 212 to 217 of 1959) we are concerned with the Municipal elections of Morinda Municipal Committee held this year and they will all be disposed of by this order.
2. In Civil Writ 212 of 1959, Lacuhman Singh and Jati Ram are the petitioners, Lachhman Singh being a voter in Ward No. 4 of the Municipal Committee, Morinda, and Jati Ram petitioner No. 2 being the defeated candidate in the election held on 26-2-1959. Respondents Nos. 4 to 11 are the successful candidates from the six Wards of the Municipal Committee. Nomination papers were filed on 5-1-1959; 24-1-1959 was the date fixed for withdrawal of candidature and polling took place on 20-2-1959. It is alleged in the petition that the State of Punjab respondent No. 1 published a notification dated 11-4-1958 (Annexure A attached to the petition) under Section 240 of the Punjab Municipal Act and rules made thereunder, by which the Municipality of Morinda was divided into six wards; be-fore doing so, another notification dated 14/18th of May 1957 containing draft rules had been published and objections were invited as required by the provisions of Section 240 of the Act. Later on a notification dated 30-10-1958 (Annexure B annexed to the petition) superseded the earlier notification dated 11-4-1958. It is averred in the petition that since the previous notification dated 11-4-1958 was superseded, a fresh notification containing the draft rules was necessary under the law. The validity and legality of the notification dated 30-10-1958 is assailed on this ground. It is then alleged in the petition, that before the delimitation of the Constituencies for the purposes of the impugned election, the boundaries of the wards as fixed previous to 1957 were entirely different and it was in the circumstances necessary that before any variation in the wards could be made, there should Have been a valid delimitation of the constituencies for the purpose of holding the impugned elections. The electoral rolls prepared for the Punjab Legislative Assembly for Morinda town published on 17-12-1958 were, according to the petition, adopted, as the electoral rolls for the elections in dispute, ia an illegal manner. This electoral roll does not divide Morinda town into any wards; it merely contains the names of voters without making any reference to the parts of the Municipal town of Morinda. This list, it is alleged, was really prepared for the purposes of elections to the Punjab Legislative Assembly from Rupar Constituency. It is then alleged that by means of a letter dated 31-12-1958 (Annexure C attached to the petition) the Deputy Commissioner, Ambala, directed the President of the Municipal Committee, Morinda, that the voters in the above electoral rolls should be distributed in six Wards as given in the key chart attached to the letter. This key-chart, the petition continues, was prepared without giving any notice to the voters of the Morinda Municipal Committee and without inviting objections thereto. It was a document prepared by the Deputy Commissioner, Ambala, ex partc and was signed by the Election Kanungo, Tehsildar Elections, Amhala, Returning Officer, Ambala, and Deputy Commissioner, Ambala. The electoral rolls and the key-chart arc alleged to be null, void and ineffective on the grounds that-
(1) No objections were invited regarding entries in the electoral roll; nor were any claims invited. In other words the procedure for revising the electoral rolls for the purpose of Municipal elections was not followed at all.
(2) The adoption of the electoral roll prepared for the Assembly Constituency does not eliminate the further steps in the matter of revision of the electoral roll as also the adjudication of claims for being enrolled and the objections thereto, and
(3) The preparation of the electoral roll and the division of the roll by assigning electoral numbers in each ward could be done only by the State Government under S
