# ST A TE OF KARNATAKA & ORS v. G. NAGAPPA & ORS

- **Citation:** [1976] 1 S.C.R. 57
- **Court:** Supreme Court of India
- **Decided:** 1975-07-21
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/st-a-te-of-karnataka-ors-v-g-nagappa-ors-6634
- **Pages:** 11

## Headnote

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ST A TE OF KARNATAKA & ORS.
v.
G. NAGAPPA & ORS.
July 21, 1975
I A. ALAGIJUSWAMI, P. N. BHAGWATI AND P. K. GOSWAMI, JJ.]
Karnataka Municipalities Act, 1964, Ss. 13 and 14 (llld !Vlysore Municipalities (Election of Councillors) Rules, 1%5, r. 75-ScoP,e of poH'er of State
(,·0 venuneru ru cancel calendar of events fixed by Returning Officer.
Section 13 of the Karnatak~ Municipalities Act, 1964, pro\•ides that for the~
purpose of election of councillors of a !own mu~ci~ality at a ¥-ener:al electiort
ihe State Govl.!rnment shall after previous publication by notification, deter.~,
mine, (a) the number of' territorial 4ivisions into which the municipality'
shall be div~ded; (b) the extent of each territorial division; (c) the numbe~
of seats ~llotted to each territorial division;
and (d) the number of seats
reserved for the Scheduled Castes and women.
Section 14 provides that th¢
electoral roll of the State Legislative Assembly for the territorial area comprised;
i'n the division, shall be deemed to be· the list of voters
of such
division ..
Rule 75 of the Mysore Municipalities (Election of Councillors) Rules, 1965;
empowers the State Government to make such orders as it deems f1t for
ensuring that the elections are held in accordance wi~h the provisions of th~
Act.
For holding a general election with respect to a town municipal council,
the State Government issued the notification under s. 13. Thereafter, the
Returning Officer issued a notice fixing the calendar of events for holding the
election. The list of voters for each division was prwared exactly according
to the Electoral Roll, and kept open for inspection in the office of the
municipal council.
A list of the contesting candidates was a1so published and
the poll da-te \\'as also fixed as January 10, 1975.
At that stage it was found
that some voters residin2 in the border of one division had been included in
the v~ters' list of an adjoining division and the State Government, in purported
exercise of th: power under r. _75, cancelled the calendar of events published
by the Retu:n.r~g Office,r and directed a fresh preparation of the' voters' Hst
as per t~e d1v1s1ons notified.
In a writ petition filed· by the respondents, whb
were residents of the town, th.e High Court held that the State Government
had no JX>Wer to cancel the calendar of events and quashed the direction of
the State Government.
·
Dismissing the appeal to this Court,
. J:IELD: (I) What is requ!"re? .bY s. 14(1) is that the list of voters of a
d1vI~10~ should . correspo~d
1ps1s~11!1~ , rerba
with the Electoral Roll for the
territorial ~ea included m the d~v~sion: Jf there is any mistake in the Elec-
~or~l ~'!11 I~ that some i.:oters res1d1ng 1n one area or house number are shown
as res1.d1ng ID ~other, it cannot be corrected bv the Retumin · Offi
hi
pr~panng the list of voters for that division
The onl . w
~
h'7r w Je
:~~:e c~2 be f c~recked is by applying for ;ectification Y of ~be
1
E1e~t~~l ~~~
rectifica~ion iso not ~ad~pre:~~t~t~~(efi0
f. 11!b P~pJe Act,
1950·, but ;f suc.h
they would ne
'J
b~
i.
in
e
ectoraJ RolJ would stand and
that would no~:~~Jtut: ~fte~ted in the list of voters for the division.
But
V?t~~s for the division is co::1!~~~~ soJt f~r as 1 th~f Ph~pa;ation Of the Jist of
d1v1s1on does not corres
0
•
·
is on Y 1 t e list of voters for· the
that the. voters shown i~h~ ~!~t th} R0~~rne<l ~l~cto:aJ RoIJ i~ th.e sense
are onutted to be included in th or~.
o
as res1d1ng In the terntonal area
shnwn in the. Electoral RoII as re ~d. ISt . of hot.~rs .. of. that division or voters
are included In ,the Pst Of
s1 ing tn t e ·erntonal area of o'ne division
ii;: defective and not i~ acco~d~;~ of 'th~~her, th.a~ it can be ~aid that the list
WI
e prov1s1ons of the Act.
f64D-H]
58
SUPREME COURT REPORTS
[1976] 1 S.C.R.
(2) The scheme of the Acl and particularly ss. 14 and 15 show that it is
A
ouly one list of voters that is contemplated to be in force during the entiro
process of election

## Text

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ST A TE OF KARNATAKA & ORS.
v.
G. NAGAPPA & ORS.
July 21, 1975
I A. ALAGIJUSWAMI, P. N. BHAGWATI AND P. K. GOSWAMI, JJ.]
Karnataka Municipalities Act, 1964, Ss. 13 and 14 (llld !Vlysore Municipalities (Election of Councillors) Rules, 1%5, r. 75-ScoP,e of poH'er of State
(,·0 venuneru ru cancel calendar of events fixed by Returning Officer.
Section 13 of the Karnatak~ Municipalities Act, 1964, pro\•ides that for the~
purpose of election of councillors of a !own mu~ci~ality at a ¥-ener:al electiort
ihe State Govl.!rnment shall after previous publication by notification, deter.~,
mine, (a) the number of' territorial 4ivisions into which the municipality'
shall be div~ded; (b) the extent of each territorial division; (c) the numbe~
of seats ~llotted to each territorial division;
and (d) the number of seats
reserved for the Scheduled Castes and women.
Section 14 provides that th¢
electoral roll of the State Legislative Assembly for the territorial area comprised;
i'n the division, shall be deemed to be· the list of voters
of such
division ..
Rule 75 of the Mysore Municipalities (Election of Councillors) Rules, 1965;
empowers the State Government to make such orders as it deems f1t for
ensuring that the elections are held in accordance wi~h the provisions of th~
Act.
For holding a general election with respect to a town municipal council,
the State Government issued the notification under s. 13. Thereafter, the
Returning Officer issued a notice fixing the calendar of events for holding the
election. The list of voters for each division was prwared exactly according
to the Electoral Roll, and kept open for inspection in the office of the
municipal council.
A list of the contesting candidates was a1so published and
the poll da-te \\'as also fixed as January 10, 1975.
At that stage it was found
that some voters residin2 in the border of one division had been included in
the v~ters' list of an adjoining division and the State Government, in purported
exercise of th: power under r. _75, cancelled the calendar of events published
by the Retu:n.r~g Office,r and directed a fresh preparation of the' voters' Hst
as per t~e d1v1s1ons notified.
In a writ petition filed· by the respondents, whb
were residents of the town, th.e High Court held that the State Government
had no JX>Wer to cancel the calendar of events and quashed the direction of
the State Government.
·
Dismissing the appeal to this Court,
. J:IELD: (I) What is requ!"re? .bY s. 14(1) is that the list of voters of a
d1vI~10~ should . correspo~d
1ps1s~11!1~ , rerba
with the Electoral Roll for the
territorial ~ea included m the d~v~sion: Jf there is any mistake in the Elec-
~or~l ~'!11 I~ that some i.:oters res1d1ng 1n one area or house number are shown
as res1.d1ng ID ~other, it cannot be corrected bv the Retumin · Offi
hi
pr~panng the list of voters for that division
The onl . w
~
h'7r w Je
:~~:e c~2 be f c~recked is by applying for ;ectification Y of ~be
1
E1e~t~~l ~~~
rectifica~ion iso not ~ad~pre:~~t~t~~(efi0
f. 11!b P~pJe Act,
1950·, but ;f suc.h
they would ne
'J
b~
i.
in
e
ectoraJ RolJ would stand and
that would no~:~~Jtut: ~fte~ted in the list of voters for the division.
But
V?t~~s for the division is co::1!~~~~ soJt f~r as 1 th~f Ph~pa;ation Of the Jist of
d1v1s1on does not corres
0
•
·
is on Y 1 t e list of voters for· the
that the. voters shown i~h~ ~!~t th} R0~~rne<l ~l~cto:aJ RoIJ i~ th.e sense
are onutted to be included in th or~.
o
as res1d1ng In the terntonal area
shnwn in the. Electoral RoII as re ~d. ISt . of hot.~rs .. of. that division or voters
are included In ,the Pst Of
s1 ing tn t e ·erntonal area of o'ne division
ii;: defective and not i~ acco~d~;~ of 'th~~her, th.a~ it can be ~aid that the list
WI
e prov1s1ons of the Act.
f64D-H]
58
SUPREME COURT REPORTS
[1976] 1 S.C.R.
(2) The scheme of the Acl and particularly ss. 14 and 15 show that it is
A
ouly one list of voters that is contemplated to be in force during the entiro
process of election, and
there i'S no question of correcting the list of voters
according to the revised Electoral Roll which had come into being in February, 1975. [650-H]
The list of voters is to be prepared for 'tho election tnd 'election' meMlS the
entire prOCCii consisting of the several stages and embracing tho several steps
by wrnch an elected member is returned. [65H]
B
Section 14(1) does not contemplate a list Of voters which keeps on changing from time to time during the election process. It deems the Electoral Roll
foc the territorial area of the division in force at tho relevant time to be the
llit of voters for the division for tho porposes of the Act that is, for the
purposes of the 'election'. Section 14(3) enacts that every person whose name
i• in tho IUI of voters referred to in sub-u:. (1) shall be qualified to vote at
the election of a member for the division to which such list pertains. Section
C
15(2) also says that tM list of voters ~hall be oonclusive evidence for the
purpose of determining under this section whether tho person is qualified or not
qaalified to vote or to be elected. The sub-liCctions refer to the same list of
voten and it is,_ therefore, clear that the legislature did not intend that the
list of •oters mould change from time to time during the process of eleotion
and the relevant Electoral Roll for the p<Irpose of preparation Of the list of
voi.cs must consequently be taken to be the Elec!Dral Roll in force at the
date when the election process commenced, that is when the calendar of eveni.
D
W&i published. (66A-FJ
Chief Commissioner, A/mer v. R!ldhey Shyam Dani, (1957] S.C.R. 68, explained.
N. P. Ponnuswami v. Returning Officer, Na1nakkal Cor1stituency & Ors.,
[1952] S.C.R. 218, followed.
·
Shi'w•ppa Chanamal/appa JogerW,ra v. Basaljannappa Gal(fappi1 Bankar,
[1965] 2 Mysore L.J. 289, approved.
.
. Obiter : Till the election process has commenced by tho issue of a notice
fixi:ng tho calendar of events, there is no reason why the designed officer
should not be entitled to rectify the list of voters for a division if it can be
ihown that the l!st ~f voters does !Wt oo~nd exactly with the Electoral
Roll for the terntonal area and bring the hst of voters in conformity with
F
~e Electoral Roll; but once the calendar Of events is pUb\ished and the election ~ocess .has begun it is extremely doubtful whether any changes Cl'ln be
made m the list of voter.; for the putpose of setting right any such defect. [67A-Q)
ClvIL APPELLATE JURfSDICT!ON: Civil Appeal No. 561 of l975.
Appeal by special leave from the judgment and order dated 6-21975 of the Kamataka High Court in Writ Petition No. 48 of 1975.
L. N. Sinha, Solicitor General of India and M. Veerappa, for the
appellants.
.
V. M. Tarkunde, S. S. Javali, A. K. Srivastava and B. P. Singh for
m;pooclent Nos. 1-9, 16, 17, 19-21 & 26-30.
'
H. B. Datar and R. B. Datar, for respondent Nos. 18 & 25.
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.. KARNATAKA v. G, NAGAPPA (Bhagwali, ],)
The Judgment of the Court was delivered by
BHAGWA n, J .-There is a town called Gangawati in the State of
Karnataka. It had a Town Municipal Council conscituted under the
Karnataka Municipalities Act, 1964. The term of office of the Municipal Councillors elected at the last General Elections expired
by
efilux of time in 1962, but instead of holding a General Electia.1 to
constitute a new Town Municipal Council, the State Government appointed an Administrator to exercise the powers and perform and
discharge the functions a;id duties of the Town Municipal Council and
also constituted an Advisory Council to advise and assist the Administrator. The appointment of the Administrator and the constitution of
the Advisory Council were challenged by one of the residents of Gangawati in the High Court of Karna.tak:a by Writ Petition No. 2405 of
1972. The writ petition was, however, settled as the State Government gave an undertaking that it would take the necessary steps for
holding a General Election within a reasonable time.
This happened
on 6th February, 1974. The State Government thereafter, in llCCOrdance with the undertaking giveu by it, appointed the Returning Officer
on 25th Febrnary, 1974 and it looked as if the General Elections was
at last going to be held. But this hope was belied. Before the Returning Officer could issue a notice fixing the calendar of events for
the election, the State Government rescinded the Notification which
had been issued by it earlier u!nder s.13 of the Act deteniiin1ng inter
alia the territorial divisions into which the Municipality shall be divided.
The result was that no further steps could be taken by the Returning
Officer in the matter of holding the election.
Angered and
frustrated by this second attempt on the part of the State
Government to baulk the holding of the election, the same individual,
who had filed the earlier writ petition, preferred another writ petition,
nameLv. Writ Petition No .. 2715 of 1974. for a mandamus to the State
Government to hold the election.
The High Court made an order on
this writ petition on 7th August, 197 4 directing the State Government
to hold the election within four months. This time was later extended
to 8th March, 1975.
. Pursuant to the direction of the High Court, the State Government
issued a Notification dated 3rd December, 1974 under s. 13 of the Act
determining the territorial divisions into which the Gangawati Municipality shalt be divided for the purpose of holding the election and
allotting number of seats to each territorial division. The Gangawati
Municipality was divided into six territorial divisions and each territoriar
division was defined and demarcated by reference to census block
numbers, wards and also boundaries.
The Returning Officer thereafter on 7th December, 1974 issued a notice fixing the calendar of
events for holding the election. The Tehsildar, who was the designated
officer under s. 14, sub-s. (2), in the meanwhile, prepared the list of
voters for each division from the Mysore Legislative Assembly Electoral Roll (hereinafter referred to as the Electoral Roll) by including
in the list parts of the Electoral Roll referable to the census block
numbers comprised within the division.
The list of voters for each
division so prepared was authenticated by the designated officer and
kept open for inspection in the office of the Municipal Council. A
(i 0
SUPREME.COURT REPORTS
(1976] 1 S.C.R~
large number of nominations were filed on or before the last date fixed
for it in the calendar of events and after scrutiny and withdrawal, a
list of the contesting candidates was published by the Returning Officer
on 21st December, 1974. The only step which remained to be taken
to complete the process of election was the po]] which was fixed on
10th January, 1975.
A
However, on 21st December, 1974, when the question of finalisation
B
of polling stations was taken up by the Returning Officer, the Secretary of the Congress Party raised an objectio•a that the divisionwise
lists. of voters prepared and authenticated by the designated officer were
defective "inasmuch as voters who reside in one division arc being
made to vote in a different division" and that these lists of voters should,
therefore, be rectified before fixing up the polling stations.
The Re.-
turning Officer wasidered his objection and by an order made on tM
C
same date rejected it.
This Order is very material and we will, there-·
fore. reproduce1 it in full. It reads inter alta as follows :
"It is see!a from the list maintained that the population
in the parts of voters list tallies with the proposal made to
Government for the. delimitation of the constituencies. Further it is seen that the various parts included in the divisionD
wise voters list cdaform to the census block numbers which
are mentioned in the notification published in regard to the
declaration of delimitation of territorial divisions. It also fits
into the ward-wise description of constituencies as declared
by Government.
However, it is too fate in the day to prefer objections about
voters list.
The voters list was open for inspectio•a all along.
Many interested parties have obtained copies of the same.
Nominations have been filed by respective parties on the basis
of the same voters list and the scrutiny· has been completed
and valid nominations have been declared and today at 3.00
p.m. Last date for withdrawal is also over and the list of polling stations is finalised.
At this juncture, it is regretted to declare that parties
cannot be allowed to go back to the period prior to scrutiny
of the nomination papers, especially so when there was not
O'ae word of objection or protest over the voters list at the
appropriate time.
As per section 23 (3) of the Representation of the People Act, 1950 no amendment or deletion of
any entry ra the electoral roll should be made or given effect
'after the last date for making nominations in. that constituency or division.
Any change in the parts of the Division
of Voters will amount to an amendment of electoral roll of
that .division."
lt: appears that three of the contesting candidates and a member of the
Legislative Assembly belonging to the Congress Party were dissatisfied
with t~is .order a~d '.hey, therefore, made an application to the Deputy
Comnusszoner pomtmg out what they thought were defects ·in the
<livision·wise lillts of voters:
The Deputy Commissioner instructed the
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KAR'.NATAKA v. G. NAGAPPA (Bhagwati, J.)
6 l
Returning Officer to make physical verification of these defects and
the Returning Officer accordi•,,gly went to the respective pla~es where
the mistakes were alleged to have occurred and after verification, made
a report dated 27th December, 1974.
In this report, the Returning
Officer stated that : "It was found during my random inspection of the
various houses on the borders of the different divisions that some voters
residing adjacent to one division have been i•acluded in another adjoining division and the voters list in respect of each division has been
formed accordingly."
The Returning Officer observed that as a result of this physical verification it was found that '"tn.r number
of
voters in the respective divisio•as would undergo considerable change"
and gave figures showing that the change in the number of voters in
each division would be in the neighbourhood of twenty-five per cent.
Basing itself on this report, the State Government, by an order dated
30th December, 1974, cancelled the calendar of eve•ats published by
the Returning Ofliccr and directed him to issue fresh calendar of events
"after getting the voters lists completed strictly as per the division notified."
Though this Order did not refer to the provision of law under
which it was purported lo be made, the State Government claimed that
the source of its power to make this Order lay in rule 75 of the Mysore
Municipalities (Election of Councillors) Rules, 1965 (herei,1after referred to as the Rules) made under s.38 of the Act.
The petitioners.
who arc residents of Gangawati, finding that the State Governmeat had
again tried to fish out some excuse for putting off the general election,
preferred the pre,ent writ petition questioning the validity of this Order
made by the State Govemment.
The High Court, by a judgment and
order dated 6th February, 1975 held that the State Government had
no power under rule 75 to cal)cel the calendar,of events validly fixed
by the Returning Officer and set at naught the election process which
had already commenced and in this view, quashed and set aside the
Order of the State Government and directed the Returaing Officer to
hold the elections "from the Stage at which it was interrupted by the
impugned Government Order after fixing convenient dates for the
remaining events so that the election may be completed before 8th
March, 1975."
The State Government challenges the correctness of
this view in the present appeal brought with special leave obtained from
this Court.
The hearing of this appeal concluded on 2nd May, 1975 which was
the last working day for the Court before the commencement of the
summer vacation. Since the appeal involves the question as to the holding of the election and delay i·a the pronouncement of the order might
defeat the object of filing the appeal, we pronounced our order immediately after the conclusion of the hearing, di,missing the appeal with
costs and directing the Returning Officer to complete the election before 10th June, 1975. We now proceed to give our reasons.
The question which arises for determioation in the appeal is as
to whether the State Government had power under rule 75 to make
the impugned order cancelling the calendar of even's and thereby in
effect setting at naught the entire election process which had proceeded
upto the stage of poll. Rule 75, which is the last amongst the Rules.
is in the following terms :
62
51.i'PJ\llMB 001.i'RT REPORTS
[1976] 1 s.c.11.
"Notwithstanding
anything
contained in
these rules,
the State Government and subject to the general or special
orders of the Government, the Commissioner shall have the
power of superintendence, direction and control of the conduct of elections under these rules, and may make such orders
as it or he deems fit for ensuring that the elections are held
in accordance with the provisions of the Act."
It is not necessary for the purpose of the present appeal to embark
on a discussion on the wider question as to what are the different cir-
·cumstances in which the power conferred under rule 75 can be exercised by the State Government and what kind of order can be made
by the State Government in exercise of such power. It would indeed
be inexpedient and unwise to draw the precise lines within which the
power under rule 7 5 should be exercisable, for there may be infinite
valid circumstances which may call for exercise of such power. What
we need consider here is only the limited question whether on the
facts and circumstances of the present case, the Sta•e Government had
power under rule 75 should be exercisable, for there may be infinite
calendar of events fixed by the Returning Officer. If such power could
not be found in rule 75, it was common ground that there was no
other provision in the Act or the Rules which would justify the making
of the impugned order ane it would .plainly be invalid.
Now, the only justification pleaded by the State Government in support of the exercise of the power under rule 75 was that the divisionwise lists of voters prepared and authenticated by the designated officer
were defective and if the election were held on the basis of such defective lists of voters, it would not be in accordance with the provisions
of the Act and hence the impugned order had to be made by the
State Government for ensuring that the election was held in accordance
with the provisions of the Act as contemplated under rule 75. This '
justification, plausible though it may seem, is, in our opinion, without
merit. To test its validity it is necessary to understand the nature of
the defect from which according to the finding of the Returning Officer,
the divisional lists of voters suffered and see whether that defect brings
the case within the scope and ambit of rule 75.
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We may first refer to a few relevant sections of the Act. Sec. 13
prov!des that for the purposes of election. of councillors at a general
el"':tion., the State . Government shall, after previous publication, by
notification, determme (a) the
number of territorial divisions into
which the municipality shall be divided, (b) the extent of each territorial
c;
division, ( c) the number of seats allotted to each territorial division
which shall be not less than three and not more than five and ( d)
the number of seats, if any. reserved for the Sclieduled Cast;s and for
women in ~ach t<;rritorial division. Jt was in obedience to the require-
;.
ment of this section that the State Government issued the notification
"°'
dated 23rd December, 1974 de•erminiiw; inter alia the divisions in
whic~ the Ganga~ati Municipality shall be divided for the purpose of
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holding the election.
The extent of each division was defined and
demarcated in the Notification with great precision by reference to the
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KARNATAKA v. G. NAGAPPA (Bltillfwali, I.)
6 3
census block numbers which had been given to the dillere~ ~
l!I
the time of the census. These areas were clearly and definitely identifiable by their census block numbers, parucular~y as the extent .of
each ce:nsus block number was well defined and it was known . ~
definiteness and certitude as to which. houses were compnsed ~ it.
There was therefore, plainly and manifestly no doubt or uncertain~
about the 'extent of each of the division into which the Ganaawati
Municipality was divided by the Notification.
Section 14 is the next important section which deala with the subject of list of voters. It has four sul>-sections of which the first three
are material. They are as follows :
" (1) The electoral roll of the Mysore Legislative Assembly for the time being in force for such part of the constituency of the Assembly as is included in a di vision of a
municipality shall, for the purpose of this Act, be deemed to
be the list of voters for such division.
(2) The officer designated by the Deputy Commissioner
in this behalf in respect of a municipality shall maintain a
list of voters for each division of such municipality ...... .
(3) Every person whose name is in the JiSt of voters
referred to in sub-section
(1)
shall
unless disqualified
under any law for the time being in force, be qualified to
vote, at the election of a member for the division to which
such list pertains."
What shall be the qualification of a person to stand as a candidate at
an election is laid down ins. 15, sul>-s. (1). That sul>-section provides
that every person whose name is in tl!e list of voters for any of the
divisions of the municipality shall, unless disqualified under this Act
or any other law for the time being in force, be qualified to be elected at the election for that division or any other division of the municipality alld every person whose name is not in such list shall no• be
qualified to be elected, at the election for any division of the municipality. Then follows sub-s. (2) which is of some importance.
We
quote it :
·
"Subject to any disqualification incurred by a person the
list of voters shall be conclusive evidence for the purpose of
determining under this section whether the person is qualified
or is not qualified to vote or is qualified or is not qualified to
be elected as the case may be, at an election."
Section 38 confers power on the State Government to make rules to
provide for or regulate all or any of the matters set out in the section
for the purpose of holding election of councillors under the Act. It
was in pursuance of this section that the Rules were made by the Stale
Government.
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It will be seen on a plain reading of sul>-s. (1) of s. 14 that the
electoral roll for the territorial area comprised in a division is to be
deemed to be the list of voters for such division.
The designated
officer is merely to perform the operation of scissors and paste--cut
SUPREME COURT REPORTS
(l976] 1 S.C.R.
ohr those portions of the electoral roll which relate to the territ'orial
area included in the division and paste them together so as to form
the list of voters for the division. There is no separate qualification
laid down in the Act for being placed in the list of voters for a division
as was the case in Chief Commissioner, Ajmer v. Radhey Shyam
Dani.(1)
In that case, s. 30, sub-s. (2) of Ajmer-Merwara Municipalities Regulation, 1925 laid down two conditions which must be
fulfilled in order to entitle a person to be enrolled as an electoral of
the Ajmer Municipalities, namely, (I) that he shquld be
entitled
under the Representation of the People Act, 1950 to be registered
in the electoral roll for a Parliamentary Constituency, if the constituency had been co-extensive with the Municipality, and (2) that his
name should be registered in the electoral roll for a Parliamentary
Constituency
comprised
in the Municipality.
It was for this
reason that it was
held
by ,this Court that it was not enough
that the name of a person should be registered in the electoral
roll
of
a
Parliamentary Constituency.
That did
not entitle
him straightaway to be included in the electoral roll of the
Municipality.
It
was
further
required
to
be
seen
whether
he was entitled to be registered in the electoral roll of the Parliamentary Constituency.
That enquiry was necessary to be made before
the electoral roll of the Municipality could be prepared.
But, here
no other qualification is required : the mere fact of a person being in
the Elect'oral Roll for the territorial area comprised in a division is
sufficient to include him in the list of voters for such division. Vide
sub-s. (I) of s. 14. What is required by this sub-section is that the
list of voters of a division should correspond ipsissima verba with the
Electoral Roll for the territorial area included in the division. If there
'is any mistake in the Electoral Roll, in that some voters residing in
one area or house number are shown as residing in another, it cannot
be corrected by the Returning Officer while preparing the list of voters
for each division. The Returning Officer has to take the Electoral Roll
for the territorial area of the division as it is, with whatever mistak~5
there may be in it and that wonld be the list of vo•ers for the division.
The only wa,y in which the mistakes, if any, either in the names of
the voters or in their addresses, inclnding house numbers in which they
reside, can be corrected is by applying for rectification of the Electoral
Roll under s. 22 of the Representation of the People Act, 1950.
So
long as such rectification is not made, the entries in the Electoral Roll
would stand and thev would necessarily be reflected In the list of
voters for the division.
But they would not constitnte mistake•. so
far as the preparation of the list of voters for the division is concerned.
It is only if the list of voters for the division does not correspcnd with
the E1ectoral Roll for the territorial area comorised in the division.
in the sense that voters shovm in the Electoral Roll as residing in the
territorial area of the division are omitted to be included in the list
of vo•ers. or voters shown in the Electoral Roll as residing in the
territmial area of another division are included in the list of voters.
that it can be said that the list of voters is defective and not in accordance with the orovisions of the Act.
,1)
(1957) S. C.R. 68.
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KARNATAKA V, G. NAGAPPA \Bhagwati, J.)
65
Now in the present case, it is clear from the Order of the Returning Otticer dated 21st Decembe_r, 1974 that the list of voters for each
division corresponded fully and completeiy with the Electoral Roll for
the terntorial area comprised in such division.
The finding of the
Retummg Officer was tnat the various pans of the Electoral Roll
included in the list of voters for each division conformed to the Census
Block numbers of the respective divisionl mentioned in the NoLification dated 3rd December, 1974.
Each division was defined and
demarcated by reference to Census Block numbers and the parts of
the Electoral Roll were also made out on the basis of Census B,ock
numbers.
There could therefore, be no doubt or confusion as to
which parts ol the Eloctoral Roll related to the territorial area comprised in a particular division. The correspoI11dmg parts of the E!ectoral Roll could be easily ascertained and identified by reference to
Census Block numbers for preparing the list of voters for each division.
That was admittedly done in the present case and there was no complaint about it.
No defect was also alleged or found in this respect.
The only defect-if at all it can be called a defect-which the Returning Officer noticed on physical verification was that the voters shown
in the Electoral Roll as residing in the territorial area of one division
were in fact residing in! another. But, as already pointed out above,
that cannot be regarded as a defect in the division-wise list of voters
ond it would not stamp them with the vice of not being in conformity
with the requirements of the Act. The State Government was, therefore, in any view of the matter, not entitled to make the impugned
order under rule 75 on the ground that the divisional lists of voters
were defective and the election held on the basis of such lists of voters
would not be in accordance with the provisions of the Act. What the
State Government did by making the impugned order was to interfere
with the election process which was going on in accordance with law
and that was clearly not permissible on any interpretation of ru'e 75.
That takes us to the alternative argument advanced by the learned
Solicitor General on behalf of the State Government. He contended
Ihat in any event even if the impugned order was bad and the election
F
process was liable to be continued from the stage at which it was interrupted, the poll could be taken only on the basis of the revised Electo-
'ral Roll which had come into being, in the meanwhile in Februarv
l 975' and. therefore it was necessary for the designated ~fficer to co1:-
rect the divisional lists of voters so as to bring them in accord with
the revised Electoral Roll. This contention is also without force. It
C
;, true that there is no pro,~sion in the Act similar to s. 23, suh-s. (3)
.:if the Representation of the People
Act, 1950
providing that no
amendment, transposi1ion or deletion of any entry in the list of voters
for " division shall be made and no direction for the inclusion of anv
name in such list of voters shall be given after the last date for makin;,
nomination for an election in the division. But the scheme of the Act
and particularly sections 14 and 15 male it clear that it is one fist of
H
?aters for each division that is contemplated to be in force during the
entire process of election.
The list of voters is to be nrenaren for the
election and 'election' means the entire process consisting of several
stages and embracing several steps by which an elected member is re6-7!4SCI'75
66
SUPREME COURT REPORTS
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[1976) 1 S.C.R.
turned, whether or not it is found necessary to take a poll.
Vide :
N. P. Ponnuswam; v. Returning Officer, Numakkal Constituency
&
Ors. { 1)
The list of voters must, therefore, a forti,m remain the same
throughout the process of election.
There cannot be one list of voters
for determini11g the eligibility to stand as a candidate and another for
determining the eligibility to vote, at the same ele~tion. That would
not only be irrational, but would also introduce confusion and uncertainty in the election process.
Candidates would not know at the
time when they file their nominations as to what is the strength and
composition of the electorate in the division m which they are contesting the election. They would also be handicapped in canvassing for
votes.
It would indeed be a strange and anomalous position if there
were two or more different lists of voters at different stages of the
same elecuon.
Sub-s.
(1) of s.14 does not contemplate a bst 0£
voters which keeps on changing from time to time during the election
· process. It deems the Electoml Roll for the territonal area of the
divisimt, in force at the relevant time !o be the list of voters for the
division "for the purpose of the Act", that is for the purpose of electio11
which is. the whole process culminating in a candidate being declared
elected and not merely polling.
The same list of voters is, therefore.
to prevail for all stages ill the election.
This we find emphasised also
in sub-s.
(3) of s.14 which enacts that everv oerson wh"se name is
in the list of voters referred to ;n sub-s. ( 1) shall be qualified to vote at
the election of a member for the division to which •uch hst pertains.
Sub-s.
(2) of s.15 also points in the same direction.
It says that
"the list of voters shall be conclusive evidence for the purpose of determining under this section whether the person is qualified or is not qualified to vote or is qualified or is not qualified to be elected as the case
may be, at an election."
The reference here, •as a matter of plain
grammar, is indisputably to the same list of voters which is to be
conclusive evidence for both purposes. It is, therefore, clear, on a
proper interpretation of the provision of the Act that the Legislature
did not intend that the list of voters should change from time to time
during the process of election and the relevant Ellc•oral Roll for the
purpose of preparation of the list of voters must consequent! y be taken
to be _the Electoral Roll in force at the date when the election process
commenced, that is, the date when the calendar of events was published.
The same view was takei11 by a Division Bench of the Mysore }-Iigh
Court in Shivappa Chanamallappa Jogendra v. Basavannappa Gadlappa
Banker. (2)
We are in agreement with that view. The poll in the pre--
sent case must, therefore, be taken on the basis of the list of voters for
each division prepared with reference to the Electoral Roll in force on
7th December, 1974, that being the date on which the calendar of
eveints was published by the Returning Officer.
One other question was oalso raised before us, namely, whether the
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designated officer can be required to rectify the list of voters for a divi-
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sion, if it can be shown that the list of voters does not correspond
a
exactlv with the Electoral Roll for the territorial area of the division,
as for' example, some voters in a particular house i'.1 a Census Rlock:
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number falling in the division, though shown in the Electoral Roll as
(I) [1952] S. C.R. 218.
(2) (1965) 2 Mysore L. J. 289,
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KARNATAKA v. G. NAGAPPA (Bhagwati, !.)
67
such, are, through inadvertence, omitted to be included in the list of
voters for the division. It is not necessary for the purpose of the pre-
• sent appeal to decide this questicm, but we may point out that till the
election process has commenced by the issue of 11otice fixing the mlendar
of events, there is no reason why the designated officer should not be
entitled to rectify such defect in the list of voters and bring the list of
voters in conformity with the Electoral Roll.
But once the calendar
of events is published and the election process has begun, it is extremely
doubtful whether any changes can be made in the list of voters for
the purpose of setting right any such defect.
We, however, do not
wish to express any final opinion on this point.
These wern the reasons which weighed with us in making the order
dated 2nd May, 1975 dismissing the appeal with costs and directing the
Returning Officer to complete the election before 10th June, 1975 on
the basis of the Electoral Roll in force on 7th December 1974.
V.P.S.
Appeal dismissed.