JUDGMENT : R.N. Misra, J. - These are two applications under Article 226 of the Constitution of India seeking to quash the selection to a particular ward of the Notified Area council. The first case is in relation to the Bhadrak N.A.C. while the second one is in relation to the Banki N.A.C. The Petitioner in each of the two cases challenges the section of the appropriate election officer in permitting persons who were not in the originally published electoral roll to cast their votes at the election. It is alleged that the correction made to the voters' list was contrary to law and certainly prejudicial to the Petitioner. In the first case the number of such persons who came into the electoral roll belatedly is said to be 30 while in the second the number is stated to be 72. The Petitioner in each of the cases has lost by a small margin. It is contended that these corrections were made long after the nominations were filed and shortly before the actual poll. The candidates and at least the Petitioners were not aware of the fact that new names had been added to the voters list. Therefore, adequate canvassing has not been permitted. The democratic process itself has been interfered with. 2. Mr. Sahu who advanced a common set of arguments for the Petitioner in each of the two oases made reference to the provisions of Section 23 of the Representation of the People Act, 1950. He concedes that there is no comparable provision in the Orissa Municipal Act. Sub-section (3) of Section 23 made the electoral roll final and prohibited any amendments after its final publication, and Section 24 only provided a right of appeal. Section 13 of the Orissa Municipal Act deals with the electoral roll and provides: Except as otherwise provided in this Act or the rules made there under all persons registered by virtue of the Representation of the People Act, 43 of 1950 in as much of the electoral roll for any Assembly constituency for the time being in force as relates to the municipality shall be entitled to cast their votes at an election to the municipal council and the said portion of the roll shall be deemed to be the electoral roll of the municipality. (2) So much of the electoral roll of the Municipality as relates to the area comprised within a ward thereof shall be embodied in a register to be maintained for the ward and such register shall be deemed to be the electoral roll for the ward for the purposes of this Act. (3) The manner of splitting up of the electoral roll for the purpose of preparation of the aforesaid register, the manner of revision of such register from time to time and the officer or authority by whom such splitting up or revision Is to be carried out shall be as may be prescribed. The prescription contemplated in Sub-section (3) is contained in a set of rules known as the Orissa. Municipal (Councillors) Election Rules 1950. Rule 3 provides for the preliminary electoral roll. Rules 6 provides for the publication and Rule 7 authorises making of claims and objections. Rules 8 to 14 provides for the disposal of such claims and objections. Rule 16 provides: No failure to observe the dates prescribed by these rules or to observe other directions regarding the preparation or publication of any electoral roll shall entitle anyone to question the validity and conclusiveness of the roll in election proceedings. Rule 17 provides: The final electoral rolls of an the wards in a Municipality shall together form the complete electoral roll of the municipality. Rule 20 deals with the amendment of electoral rolls. Prior to its amendment in March 1970 it provided: (1) Notwithstanding anything hereinbefore contained, any person may apply for the amendment of any electoral roll for the time being in force by presenting an application in that behalf to the Election Officer. (2) Where such an application is made for the correction of an existing entry in the electoral roll, the Election Officer may, if he is satisfied after making such enquiry as he deems necessary, that the entry relates to the Applicant and is erroneous or defective in any particular, amend the roll of cause it to be amended accordingly. (2) Where such an application is made for the correction of an existing entry in the electoral roll, the Election Officer may, if he is satisfied after making such enquiry as he deems necessary, that the entry relates to the Applicant and is erroneous or defective in any particular, amend the roll of cause it to be amended accordingly. (3)(a) Where Such an application is made for the inclusion of the Applicant's name in the electoral roll, the Election Officer shall if he 18 satisfied that there are prima facie grounds for believing the Applicant to be qualified for inclusion in the roll, publish a notice in form VII containing particulars of the application and specifying the date, time and place appointed by him for the hearing thereof. Such notice shall remain posted in a conspicuous manner for not less than seven days prior to the date of hearing at the places prescribed by Rule 9 for the publication of lists of claims and objections. At the time fixed for the bearing the Election Officer shall hold a summary enquiry into the application and shall record his decision in writing provided that be may, if be thinks fit, adjourn the enquiry to a date, time and place which shall be specified in the order of adjournment. If the Election Officer decides that the Applicant was on the prescribed date, and still is qualified to be included in the electoral roll, he shall amend the roll or cause it to be amended accordingly. (b) Every application made under this sub-rule be in Form VI shall be accompanied by a fee of five rupees in cash, which shall in no circumstances be refunded. The fee thus received Shall be credited to the Municipal Fund. By amendment a sub-rule was added and was numbered as Sub-rule (4) to the following effect: no amendment in the electoral roll shall be made under this rule after the date fixed under, Clause (d) of Sub-rule (1) of Rule 22 for presentation of nomination papers for an election. The subsequent rules beginning with Rule 22 provide for the process of nomination. There can be no doubt that the scheme in the rules is such that the stage of nomination is contemplated after the electoral roll is complated. The subsequent rules beginning with Rule 22 provide for the process of nomination. There can be no doubt that the scheme in the rules is such that the stage of nomination is contemplated after the electoral roll is complated. There can be also no doubt that in a democratic process sufficient opportunity to canvass for support by creating public opinion in the constituency is essential. The impugned action in these two petitions was taken prior to insertion of Sub-rule (4) in 1970. The amendment of 1970 incorporates the, principle contained in Section 23(3) of the Representation of the People Act of 1950 and certainly is whole some. But the question for consideration is as to whether in the absence of such a rule in 1969, when the impugned action was taken, the Petitioner can be said to have a cause of action to dispute the impugned order. As was indicated by their Lordships of the Supreme Court in Jagan Nath Vs. Jaswant Singh and Others, the general rule is well settled that the statutory requirements of election law must be strictly observed and that an election contest is not an action at law' or a suit in equity but is a purely statutory proceeding unknown to the common law and that the Court possessors no common law power. The law, as it stood in 1969, did not debar the appropriate authority from correcting the electoral roll Therefore, the corrections cannot be said to be without jurisdiction. Since by the amendment of the electoral roll those persons were shown in it that they were certainly entitled to vote. The only objection which is ultimately pressed by Mr. Sahu is that this is prejudicial and, therefore, the election is bad. There may be some force in the contention that the Petitioner has been prejudiced. But since we are not in a position to hold that the action was contrary to law, mere prejudice would not give the Petitioner a right to ask or quashing the impugned action. 3. We accordingly decline to interfere. Both the writ petitions are dismissed. But in the peculiar circumstances of the case we do not award any costs. B.C. Das, J. 4. I, agree.