( 1 ) THIS is an application under Articles 226 and 227 of the Constitution for the issue of a writ of certiorari for quashing an order passed by the Sub-Divisional officer, Damoh, on 13th November 1964, excluding the petitioner's name from the voters' list of Gram Sabha, Banwar.

( 2 ) THE matter arises thus. After the finalisation of the voters' list under Rule 8 (4)of the Madhya Pradesh Gram Panchayats Election and Co-option Rules, 1966 (hereinafter referred to as the Rules), a programme for the election of Panchas to the Gram Panchayat was fixed according to which the date of filing nomination papers was 10th November 1964, the date of scrutiny of the nomination papers was 21st November 1964, the date of withdrawal of nominations was 23rd november 1964, and the date of polling was 19th December 1964. The applicant filed his nomination papers on 10th November 1964. On 24th October 1964, the respondent 3, Ramjilal, made an application for the exclusion of the petitioner Nemichand's name from the voters' list on the ground that he was not an "ordinary resident" of the village. A notice of this application was given to the petitioner and ultimately on 13th November 1964, the Sub-Divisional Officer, damoh, after hearing the petitioner and Ramjilal ordered the exclusion of the petitioner's name from the voters' list. On 21st November 1964, when the returning Officer scrutinised the nomination papers, he rejected the applicant's nomination paper on the ground that the applicant's name had been deleted from the voters' list by an order passed on 13th November 1964, by the Sub-Divisional officer, Damoh, and that, therefore, he was not entitled to be nominated as a candidate for election.

( 3 ) THE petitioner's contention is that the application, which Ramjilal made on 24th october 1964 for the exclusion of his name from the voters" list, was under Rule 11 (1) of the Rules; that under Sub-rule (6) of this Rule, no application for the exclusion of any person's name from the voters' list could be entertained "within a period of one month from the date fixed for a genera] election or a bye-election"; that the election of the Panchas to the Gram Panchayat commenced on 10th november 1964, the date fixed for filing the nomination papers; that, therefore, the application filed by the respondent No. 3 on 24th October 1964 being one filed within a period of one month before the date fixed for election, could not be entertained by the Sub-Divisional Officer; and that consequently the order passed by the Sub-Divisional Officer on 13th November 1964 allowing that application and excluding his name from the voters' list was altogether illegal and without jurisdiction

( 4 ) IN our opinion, this contention must be accepted. The election to a Gram panchayat is held on the basis of voters' list prepared and finalised in accordance with Rules 5, 6, 7 and 8 of the Rules. The scheme of these Rules is that first a provisional list of voters is prepared and published by being exhibited at the Office of the Panchayat, if any, on the notice-board of the Tehsil within which the Gram sabha lies and at one or two conspicuous places within the ward to which the list pertains, along with a notice inviting objections thereto in the prescribed manner and fixing a date and time for the hearing of such objections and claims. Any person whose name is not entered in the voters' list or is entered in an incorrect place or manner or with incorrect particulars or any person whose name is entered in the list andwho objects to the inclusion of his own name or the name of any person in that list is entitled to prefer a claim or objection (Rule 7 ). The Collector or the authorised officer then has to hold a summary enquiry into the claims and objections received and record his decisions. The provisional voters' list is then amended in accord since with the decisions of the Collector or the authorised officer on the claims and objections. That list so amended, is