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1985 DIGILAW 306 (GUJ)

NARENDRA G. BHATT v. P. N. ROYCHAUDHARY

1985-11-20

A.P.RAVANI

body1985
A. P. RAVANI, J. ( 1 ) * * * * ( 2 ) THE petitioners are voters of Vyara Nagar Panchayat (herein- after referred to as Panchayat ). Petitioner No. 2 is also a sitting member of the Panchayat. The term of the Panchayat expires on 31/12/1985 The competent authority issued a Notification dated 2-11-1985 (Annexure B) declaring election programme for election of the members of the Panchayat. The petitioners challenge the legality and validity of the issuance of the said Notification Annexure B inter alia on the ground that reconstitution of wards and allotment of reserved seats for scheduled caste scheduled tribe and for women is not in accordance with the established principles laid down by this High Court and not in conformity with the provisions of Rule 43 of the Gujarat Gram and Nagar Panchayat Election Rules 1962 (hereinafter referred to as 1962-Rules. The petitioners also contend that the provisions of Gujarat Panchayat Preparation and Maintenance of Part II of List of Voters Rules 1978 (hereinafter referred to as 1978-Rules) and particularly the provisions of Rule 10 onwards of the aforesaid Rules regarding publication of list of voters in draft and inviting objections regarding inclusion and exclusion of voters in the list and other formalities have not been gone into. ( 3 ) COUNSEL for the petitioners has not pressed the first two grounds regarding reconstitution of wards and allotment of reserved seats. Therefore it is not necessary to consider the merits or demerits of these two grounds. ( 4 ) IT is an undisputed position that as per the relevant provisions of the Gujarat Panchayat Act (the Act for short) and the Rules the persons above the age of 18 are eligible to vote at the Panchayat election. Therefore for the purpose of holding the election to the Panchayat a list of voters containing the names of persons between the age group of 18 to 21 will also be required to be prepared and maintained. For this purpose 1978 have been framed and brought into force. These Rules clearly provide that a draft list of voters is required to be published and objections are required to be invited and dealt with in the manner prescribed. Final voters list is required to be published 10 days before the date of filing of the nomination papers as per the provisions of Rule 25 of 1978-Rules. These Rules clearly provide that a draft list of voters is required to be published and objections are required to be invited and dealt with in the manner prescribed. Final voters list is required to be published 10 days before the date of filing of the nomination papers as per the provisions of Rule 25 of 1978-Rules. In above view of the matter the voters list for the purpose of election to a Panchayat would be in two parts. Part I would contain the names of voters chose names appear in the voters list prepared and maintained under the provisions of Central Law for the time being in force. this voters list is to be adopted as voters list for the purpose of election to Panchayat as per the provisions of sec. 21 of the Act. This would be termed as voters list Part I. The voters list Part II would contain the names of persons between the age group of 18 to 21. ( 5 ) IT is an admitted position that the voters list in draft has not been published as required by Rule 10 of the 1978-Rules. It is contended by the counsel for the respondents that as per the provisions of Rule 4 of 1962-Rules preliminary publication of voters list was required to be made. But Rule 4 of 1962-Rules has been deleted as per Notification dated 28/10/1980 and therefore publication of voters list Part II as required by Rule 10 to Rule 25 of the 1978 is not necessary at all. In the submission of the counsel for the respondents final publication of the voters list Part II would be sufficient. The aforesaid contention cannot be accepted. The provisions of Rule 4 of 1962-Rules dispensed with the preliminary publication of voters list probably because as per the provisions of sec. 21 of the Act Part I of the voters list will contain the names of all the voters included in the electoral roll of the Assembly Election under the provisions of the Central Law for the time being in force. Therefore normally a person would be presumed to know with regard to the state of affairs in Part I of the voters list. Part I would include the names of persons eligible to vote and who are above the age of 21. Therefore normally a person would be presumed to know with regard to the state of affairs in Part I of the voters list. Part I would include the names of persons eligible to vote and who are above the age of 21. It may be noted that as per the provisions of Central Law in force from time to time while preparing the voters list draft voters list is required to be published and objections are also being invited against the inclusion exclusion and/or omission of the names of persons who are eligible to vote. A separate. and elaborate machinery is provided for under the provisions of the Representation of the People Act 1950 and the Rules framed thereunder. Almost similar provisions have been made in the 1978-Rules. As per the provisions of these Rules Part II of the voters list is required to be prepared and maintained. It is not controverted by the other side that the provisions of 1978-Rules regarding the preparation of voters list Part II draft publication thereof inviting objections and then deciding the same etc. have not been complied with at all. Straightaway the final voters list Part II has been published. This is clearly contrary to law. ( 6 ) IN above view of the matter it can be said that the election is sought to be held without their being legally valid voters list Part II in existence. This cannot be permitted to be done. If election is allowed to be held in such a manner then it would be in flagrant violation of the Act and Rules and it would be an exercise in futility. ( 7 ) A similar question arose in Special Civil Application No. 5164 of 1985 decided on 17/10/1985 In that matter my learned Brother N. H. Bhatt J. has taken the same view and has held to the effect that preparation and publication of electoral roll is a vital step preliminary to the holding of the election and that having not been done the entire notification regarding election stands vitiated particularly in view of the fact circumstances of the case I am in respectful agreement with the view taken by my learned Brother in the aforesaid decision. ( 8 ) IN the result the petition is partly allowed. The election notification dated 2/11/1985 produced at Annexure E to the petition is quashed and set aside. ( 8 ) IN the result the petition is partly allowed. The election notification dated 2/11/1985 produced at Annexure E to the petition is quashed and set aside. It is hoped that the authorities concerned will take immediate action for preparation and publication of voters list Part II in accordance with the provisions of the Act and the 1978-Rules. In view of the fact that the term of the Panchayat expires on 31/12/1985 it would be desirable if the preparation of voters list Part II as required by 1978-Rules is completed with least possible delay and the election is held as soon as practicable. Rule made absolute accordingly with no order as to costs. (KMV) petition allowed. .