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1954 Supreme(Nagpur) 56
HIGH COURT OF NAGPUR
Mudholkar, Deo
MATHURA PRASAD AND ANOTHER – Appellant
Versus
CHIEF EXECUTIVE OFFICER, JANAPADA SABHA, BEMETARA AND OTHERS – Respondent
Miscellaneous Petition No. 7 of 1954
Decided on : 14-05-1954
B R Mandlekar, H L Khaskalam, M N Phadke, R M Hajarnavis, T P Naik, Advocates
The Chief Executive Officer of a Janapada Sabha is under a statutory duty to prepare a fresh electoral roll six months before the date on which the term of the Sabha is due to expire. The alteration of the limits of a Janapada area or an electoral division necessitates the preparation of a fresh electoral roll.
Headnote:
ELECTION - JANAPADA SABHA - ELECTORAL ROLL - PREPARATION - DUTY OF CHIEF EXECUTIVE OFFICER - TIME AND MANNER - RULES - ALTERATION OF LIMITS OF JANAPADA AREA - FRESH ELECTORAL ROLL - NECESSITY - RIGHT TO VOTE - ENFRANCHISEMENT - DISFRANCHISEMENT - ELECTION PETITION - GROUNDS - JURISDICTION OF HIGH COURT UNDER ARTICLE 226 OF THE CONSTITUTION.
Fact of the Case:
The petitioners challenged the validity of the elections of the respondents to the Janapada Sabha on the ground that a fresh electoral roll had not been prepared as required by law. The elections were held on the basis of electoral rolls prepared in 1951 and 1952, which had become obsolete due to subsequent amendments to the Local Government Act and alterations in the boundaries of the Janapada areas.
Finding of the Court:
The Court held that the Chief Executive Officer of the Sabha was under a statutory duty to prepare a fresh electoral roll six months before the date on which the term of the Sabha was due to expire. The duty was cast on the Chief Executive Officer by the Act itself and not merely by the rules framed under the Act. The Court further held that the alteration of the limits of a Janapada area or an electoral division necessitated the preparation of a fresh electoral roll, as the composition of the constituency had undergone a modification. The Court also held that the transfer of voters from one roll to another by the Chief Executive Officer was a contravention of the rules and rendered the elections invalid.
Issues: 1. Whether the Chief Executive Officer was under a duty to prepare a fresh electoral roll before the elections? 2. Whether the alteration of the limits of a Janapada area or an electoral division necessitated the preparation of a fresh electoral roll? 3. Whether the transfer of voters from one roll to another by the Chief Executive Officer was valid?
Ratio Decidendi: 1. The Court held that the Chief Executive Officer was under a statutory duty to prepare a fresh electoral roll six months before the date on which the term of the Sabha was due to expire. The duty was cast on the Chief Executive Officer by the Act itself and not merely by the rules framed under the Act. 2. The Court held that the alteration of the limits of a Janapada area or an electoral division necessitated the preparation of a fresh electoral roll, as the composition of the constituency had undergone a modification. 3. The Court held that the transfer of voters from one roll to another by the Chief Executive Officer was a contravention of the rules and rendered the elections invalid.
Final Decision: The Court allowed the petitions, set aside the elections of the respondents, and directed the Chief Executive Officers to prepare fresh electoral rolls for holding elections to each of the four Janapada Sabhas.
Mudholkar, J—This is a petition under Articles 226 and 227 of the Constitution in which the petitioners challenge the validity of the elections of the respondents 2 to 29 to the Janapada Sabha of Bemetara on the ground that a fresh electoral roll had not been prepared as required by law. In Miscellaneous Petitions Nos. 30/54, 46/54 and 59/54 an objection has been taken to the electoral rolls on the basis of which the elections were to be held at other places. As the point involved in these three cases is identical with the one raised in this case they were all heard together and will be decided by this order.
2. In order to appreciate the significance of the grounds taken by the petitioners it is necessary to refer briefly to the relevant provisions of the Central Provinces and Berar Local Government Act, 1948, under which the elections have recently been held all over the State of Madhya Pradesh, except in a few cases where they have been stayed by the order of this Court. We also think it useful to refer to the course of events since the passing of the Local Government Act to the date finally fixed for holding elections.
3. The Local Government Act received the assent of the Governor of the Central Provinces and Berar on the 30th May 1948. It came into force on the nth June 1948. On the 1st July 1948 the first Janapadas came into being. They were constituted under section 6 (5) of the Act which runs as follows: Notwithstanding anything to the contrary contained in sub-sections (I), (2) and (3) the councilors of a Sabha constituted for the first time shall be appointed by the Provincial Government from amongst persons residing in the Janapada area and not disqualified for being a councilor under section 10.
4. In the proviso to section 12 (1) of the Act, as it was originally passed, the term of a Janapada Sabha constituted under subsection (5) of section 6 was to be for such period as the Provincial Government may by notification appoint. Under this provision the term of the first Janapada Sabha constituted was to be for a period of one year only, but the term was extended by the Government from time to time in exercise of their powers under the aforesaid provision. By Act VIII of 1953, however, the proviso was amended and the words ''up to the 31st day of March 1954 or such earlier date" were substituted for the words "for such period" occurring therein. No earlier date was fixed by the State Government and therefore the term of every Janapada Sabha expired on the 31st March 1954.
5. Section 182 of the Act confers upon the Provincial Government (now the State Government) the power to make rules with regard to various matters including the time and manner of the preparation of the electoral roll of a Sabha. The qualifications and disqualifications of voters were dealt with in section 7 of the Act which ran thus:
7. (1) A person shall not be entitled to vote at an election for the election of councilors unless he is enrolled in the Janapada electoral roll prepared under the rules made by the Provincial Government under section 182.
(2) Every person who has attained the age of 21 years on the 1st day of January of the year in which the electoral roll for the Janapada has been prepared and who resides within the limits of any circle in the Janapada shall be qualified to be a voter for the purpose of electing councilors of a Sabha Provided that no person shall vote to elect a representative in more electoral divisions than one in the same circle.
* * * *
This section was, however, repealed and substituted on the 29th May 1953 by the following provision:
(1) The Chief Executive Officer of every Sabha shall cause to be prepared a separate electoral roll, one for the rural circle and another for the urban circle, in accordance with the rules made by the State Government under section 182.
(2) Every person who is not less than 21 years of age on the 1st day of January of the year in which the electoral roll of the rural circle is prepa
