The nomination papers were defective due to the absence of the serial number of the part of the electoral roll in which the candidates and proposers were enrolled, and this defect was substantial, justifying the rejection of the nomination papers.

( 1 ) THIS appeal and First Appeal No. 18 of 1959 raise common questions for decision. This order shall accordingly dispose of both the appeals.

( 2 ) THESE are appeals under Section 116-A of the Representation of the People Act, 1951 (herein after called the Act), from the orders of the Election Tribunal, Rajnandgaon, dismissing the election petitions filed by the appellants for declaring the election of the respondents to the Section Legislative Assembly to be void under Section 100 (1) (c) of the Act.

( 3 ) THE present appellant claimed to be an elector on the roll of the Bemetara Constituency. His status as an elector was denied by the respondents before the Tribunal, but was not contested before us. During the last general elections to the State Legislative Assembly, respondent No. 1 was a candidate for the general seat and respondent No. 2, for the reserved seat, of the Bemetara Constituency. One Dhansingh had filed three nomination papers for the general seat of that Constituency, but his nomination was rejected by the Returning Officer. As a result of the poll, the respondents were declared to be duly elected for their respective seats. The case of the appellant was that Dhansingb's nomination was improperly rejected, and accordingly the election of the respondents was void under Section 100 (1) (c) of the Act. Alternatively, he claimed that the election of respondent No. 1 was void. The Tribunal rejected his contention and dismissed his election petition.

( 4 ) THE appellant in the other appeal is enrolled as a voter on the roll of the Balod Constituency. The respondent and one Inderman were candidates from that Constituency during the last general elections to the State Legislative Assembly. One V. R. Deshpande had also filed a nomination paper from the same Constituency, but his nomination was rejected by the Returning Officer. The case of the appellant was that his nomination was improperly rejected and accordingly the election of the respondent was void under Section 100 (1) (c) of the Act. This contention was also rejected by the Tribunal on the same grounds, and as a result the election petition was dismissed.

( 5 ) EXS. P-1 to P-3 are the nomination papers of Dhansingh. In column 5 thereof he only entered his electoral roll number. Ex. P-l is the nomination paper filed by V. R. Deshpande. In columns 2 and 5 thereof, which relate to the electoral roll numbers of the proposer and candidate respectively, only the electoral roll numbers were entered. These columns are marked with an asterisk. Towards the end of the nomination paper the information that is required to be entered against these columns is indicated. The entries made there by V. R. Deshpande are as below:

(i) The name of the Assembly Constituency:--Balod (General ). (ii) The name of the part of the electoral roll in which the name of the proposer or candidate, as the case may be, has been entered:-Proposer -- Mouza Pararas, Halka No. 23, Page 11, No. 9. Candidate--Mouza Balod, Halka No, 25, Page 12, No. 1215. (iii) The serial number of the entry in that part:-- (The entry is blank ). The question is whether the information given in these nomination papers was sufficient and did not justify their rejection.

( 6 ) RULE 2 (1) (b) of the Respresentation of the People (Conduct of Elections and Election Petitions) Rules, 1956, defines "electoral roll number" of a person as meaning-

(i) the serial number of the entry in the electoral roll in respect of that person; (ii) the serial number of the part of the electoral roll in which such entry occurs; and (iii) the name of the constituency to which the electoral roll relates. This is the information that is indicated towards the end of the nomination forms, to be given against columns 2 and 5 which bear an asterisk mark. The relative importance of these entries will appear from the following discussion.

( 7 ) RULE 5 of the Representation of the People (Preparation of Electoral Rolls) Rules 1956, is as belo