M. B. SHAH, J. ( 1 ) RULE-LEARNED advocates appearing on behalf of the respondents waive service. ( 2 ) AT the request of the learned advocates for the parties the matter is heard finally. ( 3 ) THE question involved in this petition is whether the Court should permit the Municipal Commissioner to proceed with the election even though he has not complied with the mandatory requirments of preparing municipal election roll as prescribed in the Election Rules provided in Schedule A to the Bombay Provincial Municipal Corporations Act 1949 At present it is difficult to say whether the Municipal Commissioner is at fault or Standing Committee or the office-bearers of the Municipal Corporation are at fault in not preparing the election roll as provided in the Election Rules For deciding the question involved in this petition it is not necessary to decide who is negligent or who is to be blamed for not preparing the election roll as required by the rules. ( 4 ) THIS Special Civil Application is filed by a Municipal Corporation elected to the Mu- nicipal Corporation of Bhavnagar in the general election held in June 1985 The term of the office of the Corporators elected in 1985 is to expire in June 1990 as provided under Section 6 of the Bombay Provincial Municipal Corporations Act 1949 (hereinafter referred to as the Corporation Act ). Section 6 of the Corporation Act provides that councillors elected at general elections sub- ject to the provisions of the Act shall hold office for a term of five years which may be extended by the State Government by notification in the Official Gazette to a term not exceeding in the aggre- gate six years for reasons which shall be stated in the notification The term of office of such coun- cillors shall be deemed to commence on the date of the first meeting called by the Commissioner under the provisions of the rules The first meeting of the Bhavnagar Municipal Councillors after election in 1985 was held in June 1985. Therefore the term of office of Councillors is to expire in June 1990 Further if the term of office of the Councillors has expired Section 7a of the Cor- poration Act empowers the State Government to appoint Administrator to manage the affairs of the Corporation during the period from the date specified in the order upto the day immediately preceding the date of the meeting referred to in sub-section (2) of Section 6 in which the Mayor is elected It further provides that general election for reconstitution of the Corporation shall be held within such period not exceeding two and half years in the aggregate as may be specified in the order Sub-section (1) of Section 7a reads as under : 7 (1) Where the term of office of the Councillors has expired the State Government shall by order published in the Official Gazette direct that - (a) such person as may be appointed by the State Governement from time to time shall be the Administrator to manage the affairs of the Corporation during the period from the date specified in the order upto the day immediately preceding the date of the meeting referred to in sub-section (2) of Section 6 (hereinafter in this section referred to as the said period) in which the Mayor is elected; (b) general election for reconstitution of the Corporation shall be held within such period not exceeding two and half years in the aggregate as may be specified in the order section 8 provides who shall be entitled to be enrolled in the election roll It reads as under: 8 Subject to the provisions of another law for the time being in force and to the provi- sions of Section 17 every person who (a) is a citizen of India; (b) has attained the age of 18 years on the at day of January of the year for which the municipal election roll is being prepared; and (c) has the requisite residence business premises or taxation qualification shall be entitled to be enrolled in such roll as a voter of a ward : provided that no such person who has been adjudged by a competent Court to be of unsound mind shall be entitled to be enrolled in such roll. (2) A person shall be deemed to have the requisite residence qualification or the requisite business premises qualification if he has ordinarily resided in a dwelling in the City or occupied business premises in the City as the case may be for a period of not less than one year immediately preceding the first day of January of the year for which such roll is being prepared : provided that a person who is an inmate or a patient in any prison lunatic asylum hospital or any other similar institution shall not by reason thereof be deemed to have resided in such insti- tution for the purpose of this sub-section. (3) A person shall be deemed to have the requisite taxation qualification if he owns in the City immovable propety which is assessed on the first day of April next preceding the date of the publication of such roll to any of the property taxes. (4) A person shall not be entitled to vote at a ward election unless he is enrolled in the munici- pal election roll at the time in operation for the ward for which the election is held. Explanations.- (1) Omitted. (2) Business premises means premises occupied for the purpose of the business profes- sion or trade of the person to be enrolled and the rateable value of which determined in accor- dance with the provisions of this Act is not less than rupees sixty or such smaller amount as may be prescribed by rules. (3) Omitted section 5 A of the Act provides for constituion of Corporation pursuant to general election held first after inclusion of an area in a city at any time within a period of twelve months before the period of Corporation of such city elected at a general election is due to expire under sub-sec- tion (1) of Section 6 or at any time with in a period of twelve months before the period of supperses- sion of the Corporation of such city under Section 452 is due to expire. For the newly included area in the city list of voters is required to be prepared as per sub-sections (6) to (10) of Section 5a. However these provisions are applicable only in two cases as mentioned in Section 5a. There is no other specific provision in the Act with regad to municipal election roll except the aforesaid provisions. For the newly included area in the city list of voters is required to be prepared as per sub-sections (6) to (10) of Section 5a. However these provisions are applicable only in two cases as mentioned in Section 5a. There is no other specific provision in the Act with regad to municipal election roll except the aforesaid provisions. ( 5 ) THE rules mentioned in the Schedule A to the Act which are captioned as Election Rules provide how the election roll is to be prepared and the procedure of holding the election of council- lors. Rule 1 deals with the preparation and revision of list of persons qualified to vote. Sub- rule (1) specifically provides that at least eight months before the term of office of the council- lors elected at a general election is due to expire under Section 6 the Commissioner shall prepare and publish in accordance with sub-rule (8) a list of persons appearing to be entitled to be enrolled in the municipal election roll as voters of wards. Sub-rule (1) of Rule 1 casts mandatory duty on the Commissioner to prepare and publish a list of persons appearing to be entitled to be enrolled in the Municipal election roll as voters of wards at least eight months before the term of office of the councillors is due to expire. Sub-rule (10) enables any person whose name is not in the list and who claims to have it inserted in it is entitled to file an application in the prescribed form to the Com- missioner. Sub-rule (11) enables any person whose name is in the list to object to any other person as not being entitled to have his name retained in the list. Under sub-rule (14) the Commissioner is required to hear the claims for inclusion and decide the objections by following the procedure prescribed therein. Sub-rule (17) empowers the Commissioner to expunge from the list the name of every person proved to his satisfaction to be dead or not qualified to be enrolled. Elaborate procedure is prescribed in sub-rules (2) to (23) of Rule 1 for preparation of proper election roll by giving opportunity to the parties concerned for inclusion of their names or for expunging the names of persons who are dead or not qualified to be voters after proper scrutiny. Elaborate procedure is prescribed in sub-rules (2) to (23) of Rule 1 for preparation of proper election roll by giving opportunity to the parties concerned for inclusion of their names or for expunging the names of persons who are dead or not qualified to be voters after proper scrutiny. Rule 2 provides for filing of appeal against the order passed by the Commissioner rejecting any claim objection or choice duly made under Rule 1 to the District Judge. Sub-rules (2) (3) and (4) of Rule 2 provide for the procedure which is requird to be followed at the time of hearing of the appeal. ( 6 ) FOR deciding the controversy Rule 1 (1) and Rule 3 are required to be considered in detail. They are as under:1 (1) At least eight months before the term of office of the councillors elected at a general election is due to expire under Section 6 the Commissioner shall prepare and publish in ac- cordance with sub-rule (8) a list of persons appearing to be entitled to been rolled in the munici- pal election roll as voters of wards. 3 (1) When the list prepared as aforesaid has been revised by the Commissioner and cor- rected in compliance with any order passed in this behalf under Rule 2 a printed copy thereof signed by the Commissioner shall be the Municipal Election Roll and shall come into operation one hundred and fifty days after the date on which the list was published under sub-rule (8) of Rule 1 and continue in operation for a period of five years beginning on that day. (2) The municipal election roll shall be divided and arranged in the same manner as the list from which it is made up. The separate ward lists when completed as hereinbefore provided shall be called ward rolls. The ward rolls shall collectively be deemed to constitute the municipal election roll. (3) Each ward roll shall be conclusive evidence for the purpose of determining whether any person is an elector in the ward to which such roll relates and every person enrolled in such roll shall be deemed to be entitled to vole at a ward election. The ward rolls shall collectively be deemed to constitute the municipal election roll. (3) Each ward roll shall be conclusive evidence for the purpose of determining whether any person is an elector in the ward to which such roll relates and every person enrolled in such roll shall be deemed to be entitled to vole at a ward election. (4) Printed copies of the municipal election roll shall be delivered to any person requiring the same on payment of such reasonable fee for each copy as shall from time to time be prescribed by the Commissioner. (5) If a municipal election roll is not made in due time the municipal election roll in operation immediately before the time appointed for its preparation shall continue in operation until the new roll is made. RULE 4 provides for preparation of supplementary election rolls during the period of four years from the date when the election roll is completed as per Rule 3 (1) i. e. after the election roll is completed after complying with the provisions of Rules 1 and 2 and when it is published. It reads as under:4 (1) Any person whose name is not on the municipal election roll and who claims to be entitled to be enrolled as a voter under the provisions of sub-section (1) of Section 8 may on or before such date as the Commissioner may by public notice published in the local newspapers fix in any of the four years next succeeding the date on which the said roll came into operation under the provisions of sub-rule (1) of Rule 3 give notice of his claim in writing to the Commissioner in such form as he may prescribe. (2) The Commissioner shall hear the claims in the manner provided in sub-rule (14) of Rule 1 and shall within sixty days of the date fixd under sub-rule (1) for giving notice publish by affixing at some conspicuous place in the chief municipal office a list containing the names of the claimants who appear to him to be entitled to be enrolled as voters and shall give notice by advertisement in the local newspapers of the publication of the said list and of the place at which and the fee for which copies of it may be obtained. (3) The said list shall be prepared in the same form as the list mentioned in sub-rules (2) and (3) of Rule 1. (4) Within three days from the date of publication of the said list any person whose name is on the municipal election roll or in the said list may give notice in writing to the Commissioner objecting to the retention of the name of any person in the said list upon the ground that such person is not entitled to be enrolled as a voter and shall also in such case give to such person or leave at his last known place of residence notice in writing of the objection and the nature thereof. (5) The Commisioner shall thereafter dispose of all objections made under this section in the manner provided in sub-rule (14) of Rule 1 and within seventy-five days of the date fixed under sub-rule (1) for giving notice shall revise the list prepared as aforesaid in the same manner as the list mentioned in Rule 1 and for such purposes the procedure prescribed in sub-rules (16) (17) (18) (19) (20) (21) and (22) of Rule 1 and in Rule 2 shall be followed so far as may be required. THEREFORE reading this Rule 4 (1) it is apparent that the Commissioner could revise and pre- pare the supplementary election roll only for a period of four years next succeeding the date on which the municipal election roll is completed as per Rule 3 (1 ). Thereafter he has no power or au- thority to revise and prepare supplementary election roll. The learned Advocate General appear- ing on behalf of the Corporation fairly submitted that in view of this specific Rule 4 for Bhavnagar Municipal Corporation the Commissioner would have no power to prepare any supplementary election Roll after 1988. It is an admitted fact that supplementary election roll was last prepared in June 1988. It has become effective from 29/08/1988. The main election roll which was prepared in 1984 came into force from 1-10-84. ( 7 ) THEREFORE the question is what meaning could be given to Rule 1 (1) Rule 3 (1) and Rule 3 (5) of the Election Rules. It has become effective from 29/08/1988. The main election roll which was prepared in 1984 came into force from 1-10-84. ( 7 ) THEREFORE the question is what meaning could be given to Rule 1 (1) Rule 3 (1) and Rule 3 (5) of the Election Rules. As stated earlier Rule 1 (1) specifically gives mandatory direction to the Commissioner to prepare and publish in accordanc with sub-rule (8) a list of persons appearing to be entitled to be enrolled in the municipal election roll as voters of wards and he should start the said process at least eight months before the term of office of the councillors elected at a general election is due to expire under Section 6. Sub-rule (1) of Rule 3 also provides that the mu- nicipal election roll shall come into operation one hundred and fifty days after the date on which the list was published under sub-rule (8) of Rule 1 and coninue in operation for a period of five years beginning on that day. In view of this specific provision the life-span of the municipal election roll is specified as five years from the date when it comes into operation. ( 8 ) HOWEVER it has been contended on behalf of the Municipal Commissioner the State Gov- enment and by the intervening parties that in view of sub-rule (5) if a municipal election roll is not made in due time then the municipal election roll in operation immediately before the time ap- pointed for its preparation shall continue in operation until the new roll is made and therefore the Municipal Commissioner can proceed to hold the election on the basis of election roll which is in existence as revised by supplementary election roll till 1988. ( 9 ) IN my view this contention of the learned counsel for the respondents cannot be accepted for the following reasons: firstly it is not inevitable or that there is no mandatory provision in the Act or Rules to hold the general election of the Corporation on the basis of old municipal election roll. The Corpora- tion Act nowhere provides that without fail election of the Municipal Corporation should be held after lapse of five years. This would be clear from Sections 6 and 7 - A of the Act. The Corpora- tion Act nowhere provides that without fail election of the Municipal Corporation should be held after lapse of five years. This would be clear from Sections 6 and 7 - A of the Act. (A) Section 6 empowers the State Government to extend the term of the councillors not exceeding in the aggregate six years for reasons which are required to be stated in the notification. (B) Section 7a empowers the State Government to appoint Administrator to manage the affairs of the Corporation for a period which may in the aggregate extend to two and half years. If these two sections empower the State Government to postpone the general election of the Corporation there is no reason for holding that general election of the Corporation should be held without fail after lapse of five years on the basis of old imperfect municipal election roll or without preparing the new municipal election roll. Secondly Rule 1 (1) of the Election Rules gives a mandate to the Municipal Commissioner to prepare and publish in accordance with subrule (8) a list of persons appearing to be entitled to be enrolled in the municipal election roll as voters of wards at least eight months before the term of office of the councillors elected at a general election is due to expire under Section 6. The term would normally expire at the end of five years but it may expire at the end of sixth year also if it is extended by the State Government. Apart from this mandate of Rule 1 (1) sub-rules (2) to (23) provide elaborate procedure for inclusion of the voters and also for deletion of names of per- sons who are not entitled to be voters. That procedure cannot be bypassed only on the ground that for some valid or invalid reasons the new municipal election roll is not prepared. Thirdly Rule 3 (1) specifically provides that municipal election roll shall come into operation one hundred and fifty days after the date on which the list was published under sub-rule (8) of Rule 1 and continue in operation for a period of five years beginning on that day. Meaning thereby life of the municipal election roll is only five years. But for sub-rule (5) that municipal elec- tion roll would cease to operate after five years as provided in sub-rule (1 ). Meaning thereby life of the municipal election roll is only five years. But for sub-rule (5) that municipal elec- tion roll would cease to operate after five years as provided in sub-rule (1 ). Fourthly if the old election roll is to operate then number of voters will be left out. This can be seen from the provision of Section 8 (1) which provides that every person who had attained the age of 18 yeas on the first day of January of the year for which the municipal election roll is being prepared shall be entitled to be enrolled in such roll as a voter of a ward. If the election roll is not revised then number of persons who have attained the age of 18 years on first January 1990 or prior to it would be left out as the last revision of the election roll took place in the year 1988. Same would be the position with regad to the persons who are qualified to be included in the election roll because of requisite residence business premises or taxation qualification as contemplated by Section 8 (1) (c) read with sub-sections (2) and (3 ). That means the persons who have acquired requi- site residence qualification or requisite business premises qualification by ordinarily residing in a dwelling in the City or occupying business premises in the City after 1988 would be excluded. Same would be the position for a person who has acquired requisite taxation qualification in the City by owning immovable property which is assessed. The result would be that number of persons would be excluded from the election roll for no fault of theirs. Fifthly the effect of non-inclusion of these persons as voters in municipal election roll would be that they would not be qualified to be a voter as provided under sub-section (4) of Section 8. They would also not be qualified to be a councillor and to be elected under sub-section (1) of Section 9. Sixthly the old election roll which is prepared in 1984 would continue to show the names of the persons as voters who have migrated out of the City or who have expired after the preparation of the roll. They would also not be qualified to be a councillor and to be elected under sub-section (1) of Section 9. Sixthly the old election roll which is prepared in 1984 would continue to show the names of the persons as voters who have migrated out of the City or who have expired after the preparation of the roll. There are no rules which empower the Municipal Commissioner to delete the names of the persons as voters once they are added in municipal election roll prepared as provided under Rule 1 read with Rule 3. The only provision which is made is for addition of the voters by preparing a list and by following the procedure prescribed under Rule 4 that too for a period of four years next succeeding the date on which the last election roll comes into operation. Seventhly municipal election roll is prepared as per the election Rules. Rules can be amended by the Corporation under the provisions of Section 454 of the Act. The fact that the Corporation with the sanction of the State Government has not amended the said Rules clearly indicates that it is the intention of the Legislature that new election roll is to be prepared for holding general election. ( 10 ) APART from the aforesaid eventualities sub-rule (5) of Rule 3 only provides as under: 3 (5) If a municipal election roll is not made in due time the municipal election roll in operation immediately before the time appointed for its preparation shall continue in operation until the new roll is made. This rule nowhere provides that the general election of the Municipal Corporation should be held on the basis of old election roll. It is true that this sub-rule provides that if the Municipal elec- tion roll is not made in due time then the municipal election roll in operation immediately before the time appointed for its preparation shall continue in operation until the new roll is made. This may be for various other purposes including for holding the bye-election. This sub-rule (5) is required to be considered or construed along with sub-rule (1) of Rule 1 and sub-rule (1) of Rule 3. Rule 1 (1) casts an obligatory duty upon the Municipal Commissioner to prepare and publish municipal election roll at least eight months before the expiry of the term of office of the councillors. This sub-rule (5) is required to be considered or construed along with sub-rule (1) of Rule 1 and sub-rule (1) of Rule 3. Rule 1 (1) casts an obligatory duty upon the Municipal Commissioner to prepare and publish municipal election roll at least eight months before the expiry of the term of office of the councillors. The life-span of the election roll is five years under sub-rule (5) for same limited purposes. If the construction which is canvassed by the learned Advocate General for the respondents is ac- cepted then the provisions of Rule 1 (1) and Rule 3 (1) would be futile or would not be effective and operative. The whole object of providing elaborate procedure of preparing fresh election roll and giving right of franchise to a large number of persons who become eligible to be voters or councillors in January 1990 would be frustrated. ( 11 ) THE importance of general election of municipality cannot be belittled. It is established that it should be fair reflecting the will of majority of persons who are entitled to be voters. The effective franchise by a citizen is a valuable right. Therefore the election should not be hold upon imperfect election roll which may not include a large number of eligible voters and which may include number of persons who are either dead or who have migrated. While dealing with the provisions under the Gujarat Municipalities Act 1964 and division of wards and distribution of seals the Division Bench of this Court in the case of Rameshchandra v. Collector Kheda 20 G. L. R. 191 considered the various decisions and inter alia held : (1) that a municipal election is not a matter which relates to the enforcement of the personal or individual rights of a citizen but it is a matter of public concern and the holding of such an election validly and fairly in due compliance with the statutory requirement is a matter in which the public at large have a vital interest ; (2) that a municipal election is not a matter of momentary importance having only a transitory effect. A municipality duly elected functions for a period of five years and the legal constitution of the municipal government is a matter which vitally concerns the residents of a municipal bor- ough; (3) that when the defect in the process of election brought to the notice of the court goes to the root and vitiates the entire election process the court should inquire. As stated above if the general election is permitted to be held on the basis of old election roll then it would be without compliance with the statutory requirement and that number of persons would be let out from the voters list and some persons may not be in a position to contest the election as their names are not included in the voters list. Names of number of persons who have either expired or have left the City would remain on the municipal election roll which may give handle to unscrupulous persons who indulge in malpractices such as bogus voting. The defect or irregularity in the election process therefore would go to the root of the election and may vitiate the entire election process. ( 12 ) IN the decision of the Supreme Court in the case of Chief Commissioner Ajmer v. Radhey Shyam A. I. R. 1957 S. C. 304 the Supreme Court considered the provisions of Section 30 of Ajmer Merwara Municipalities Regulation 1925 and the Election Rules framed thereunder. Sub- Section (2) of Section 30 which was considered by the Supreme Court reads as under: every person who would be entitled under the Representation of the People Act 1950 (XLIII of 1950 to be registered in the electoral roll for a Parliamentary Constituency if that Constituency had been co-extensive with the Municipality and whose name is registered in the electoral roll for the Parliamentary Constituency comprising the Municipality shall be entitled to be enrolled as an elector of the Municipality. After considering the said provision the Court observed that the rules did not eliminate the scrutiny which could be made at the instance of parties concerned as to whether a person whose name was registered in the electoral roll for Parliamentary Constituency was in fact entitled under the Representation of the People Act 1950 to be so registered and whether he possessed the qualification prescribed in that Act in this behalf. Nor did it eliminate the further scrutiny for the purpose of the revision of such electoral roll or the adjudication of claims to be enrolled therein and objections to such enrolments. The Court therefore hold that such imperfect electoral roll would acquire no validity and would be liable to be challenged at the instance of the parties con- cerned. The relevant observations are as under: it is of the essence of these elections that proper electoral rolls should be maintained and in order that a proper electoral roll should be maintained it is necessary that after the preparation of the electoral roll opportunity should be given to the parties concerned to scrutinize whether the persons enrolled as electors possessed the requisite qualifications. Opportunity should also be given for the revision of the electoral roll and for the adjudication of claims to be enrolled therein and entertaining objections to such enrolment. Unless this is done the entire obligation cast upon the authorities holding the elections is not discharged and the elections held on such imper- fect electoral rolls would acquire no validity and would be liable to be challenged at the instance of the parties concerned. It was in our opinion therefore necessary for the Chief Commissioner to frame rules in this behalf and in so far as the rules which were thus framed omitted these pro- visions they were defective. From the aforesaid decision it can be said that if the proper electoral roll is not prepared i. e. without verifying whether the persons enrolled as electors possessed the requisite qualifications and without adjudicating the claims of persons to be enrolled therein and without deciding the objections to such enrolment if electoral roll is prepared it would be imperfect electoral roll and it could not be the basis for holding valid general election. As stated above after 1984 there could not be any adjudication of deleting certain person from the voters list. Nor the names of the voters who have become eligible to be voters after 1988 could be included therein. ( 13 ) THE learned Advocate General submitted that it is well established principle that if on its true construction a statute leads to anomalous results the Courts have no alternative but to give effect to it and leave it to the Legislature to amend or alter the law. ( 13 ) THE learned Advocate General submitted that it is well established principle that if on its true construction a statute leads to anomalous results the Courts have no alternative but to give effect to it and leave it to the Legislature to amend or alter the law. For this principle of interpreta- tion of law there cannot be any doubt. However it is equally established principle of law that when on a construction of statute two views are possible one which result in anomaly and other not it is the duty of the Court to adopt the latter and not the former seeking consolation in the fact that the law blisters with anomalies. It would be more reasonable and just construction of sub-rule (5) of Rule 3 to hold that general election of the municipal corporation cannot be held on the basis of old unamended municipal election roll. It would be in furtherance of democratic object of establishing municipal government of the city on the basis of valid electorate roll reflecting a right to franchise to all qualified voters. In my view this can be the only interpretation of sub-rule (5) of Rule 3 if a proper meaning is required to be given to sub-rule (1) of Rule 1 which casts an obligatory duly on the Municipal Commissioner to start the process of preparing and publishing and finalising municipal election roll before eight months of the general election and sub-rule (1) of Rule 3 which provides that the life-span of election roll is only five years. The meaning which would avoid holding of election on the basis of imperfect election roll should be accepted. ( 14 ) IN this particular case it is an admitted fact that after 1988 no supplementary election roll was prepared. On the basis of some misconception of rules the Municipal Commissioner issued a public notice on 4/12/1989 inviting applications from the persons who have com- pleted 18 years of age on 1-1-90 and who are qualified to be voters under Section 8 (1) of the Corporation Act. On the basis of the said public notice admittedly 61594 (sixty-one thousand five hundred ninety-four) applications were received by the Commissioner for inclusion of their names. On the basis of the said public notice admittedly 61594 (sixty-one thousand five hundred ninety-four) applications were received by the Commissioner for inclusion of their names. Out of these applications the Municipal Commissioner has granted applications of 48568 (forty- eight thousand five hundred sixty-eight) persons for inclusion of their names in supplementary list which is published as a draft supplementary list on 4/03/1990. Learned Counsel for the re- spondents were not in a position to point out any rule which empowers the Municipal Commis- sioner to prepare such supplementary list. It seems that the Municipal Commissioner relied upon Rule 4 of the Election Rules for preparing such supplementary election roll. Considering the provisions of Rule 4 (1) which is quoted above it is apparent that supplementary election roll can be prepared only for a period of four years next succeeding the date on which the roll for general election came into operation. In this case admittedly it came into operation in October 1984. Previously the period was three years. It is amended and the period is extended to four years now with a specific purpose that after four years no supplementary roll is required to be prepared because new election roll is to be prepared as per Rule 1 (1 ). Therefore under sub-rule (1) the Com- missioner would have power to prepare supplementary election roll up to October 1988. There- after he would not have any jurisdiction to prepare any supplementary election roll. ( 15 ) IN the result this petition is allowed. The Municipal Commissioner Bhavnagar Municipal Corporation is directed to take steps of preparing and publishing fresh municipal election roll as per the provisions of Rules 1 to 3 of the Municipal Election Rules and thereafter to hold the general election of the Municipal Corporation and he is directed not to act further on the basis of notice dated 4-12-89 (Annxure D to the petition ). It is therefore ordered that the Municipal Commis- sioner Bhavnagar Municipal Corporation shall not hold ensuing general electin on the basis of the old election roll. This direction nowhere precludes the State Governemnt from passing appropriate orders under Section 6 or 7 - A of the Bombay Provincial Municipal Corporations Act. It should be noted at this stage that the Standing Committee of the Municipal Corporation has passed Resolution No. 673 on 5-1-90 to the aforesaid effect. This direction nowhere precludes the State Governemnt from passing appropriate orders under Section 6 or 7 - A of the Bombay Provincial Municipal Corporations Act. It should be noted at this stage that the Standing Committee of the Municipal Corporation has passed Resolution No. 673 on 5-1-90 to the aforesaid effect. Rule made absolute to the afore- said extent with no order as to costs. ( 16 ) BEFORE parting with this matter it would be necessary to observe that the State Government may issue proper instructions to Municipal Commissioners to see that Rule 1 of the Munici- pal Election Rules is properly adhered to and complied with by the Municipal Commissioners and to the Municipal Corporations to devise ways and means to see that municipal election roll is prepared before the general election and that too within the stipulated time. .