JUDGMENT P.K. Musahary, J. 1. Heard Mr. Muk Pertin, learned Counsel for the Petitioners and also heard Mr. R.H. Nabam, learned Sr. Govt. Advocate, appearing for the State Respondents. 2. The Petitioners, numbering 33, being citizens of India and permanent residents of Silluk Village under P.S. Mebo in East Siang District of Arunachal Pradesh have filed the present writ petition for issuance of writ in the nature of mandamus directing the State Respondents to conduct a Special Summary Electoral Revision for enrollment of their names in the electoral rolls of 39-Mebo (ST) Assembly Constituency by extending the time of filing of claims and objections. 3. It is pleaded that the Respondent No. 2, Electoral Registration Officer, 39-Mebo (ST) Assembly Constituency, in exercise of powers conferred upon him under Rule 41 of Registration of Electors 1960, vide order No. MOE-357/08 dated 27.10.2008, appointed some staff as Designated Officers to receive the claims and objections in the respective polling stations with effect from 10.11.2008 to 24.11.2008. By another order being No. 357/08 dated 29.10.2008, the Respondent No. 2, as per direction of the Election Commission of India, announced the schedules for special summary Revision of Electoral Roll with reference to 1st January, 2009 as the qualifying date, which are extracted and quoted below:- 1. Draft publication of roll 10.11.2008 2. Period of filling of claims and objection 10.11.2008 to 24.11.2008 3. Photography of residual and new Electorals 10.11.2008 to 10.12.2008 4. Reading of relevant part/section of photo E/Rolls in Gram Sabha/Local bodies and RWA meeting etc. and verification of names 13.11.2008 to 16.11.2008 5. Special campaign dates with Booth Level Agents of political parties for receiving claims and objections 16.11.2008 to 23.11.2008 6. Disposal of claims and objections 24.12.2008 7. Updating the data base merging of photographs updating the control tables and preparation and printing of supplementary list. 24.12.2008 to 08.01.2009 8. Final publication of E/Rolls 10.01.2009 4. In the said order/circular, it is provided that all the eligible electors, who are likely to attain the age of 18 years, as on 01.01.2009, have been informed to submit their claims and objection through the Designated Officers of the respective polling station during the period from 10.11.2008 to 24.11.2008 during office hours. 5. Final publication of E/Rolls 10.01.2009 4. In the said order/circular, it is provided that all the eligible electors, who are likely to attain the age of 18 years, as on 01.01.2009, have been informed to submit their claims and objection through the Designated Officers of the respective polling station during the period from 10.11.2008 to 24.11.2008 during office hours. 5. As per the aforesaid order, dated 27th October, 2008, one Sri Gong Tayeng, BLO Silluk, was appointed as Designated Officer of Silluk polling station, under which the present Petitioners fall, to receive the claims and objections. The Petitioners submitted their claims in Form-6 which were duly received by the aforesaid Designated Officer on 22.11.2008 and in every form so submitted the Designated Officer put his signature but the said Designated Officer did not forward the claims of the Petitioners to the Electoral Registration Officer, Respondent No. 2 and instead, he returned the same to the Petitioners after expiry of last date of submission of claims and objection and as a result, the Petitioners' names did not appear in the draft electoral rolls of 39-Mebo (ST) Assembly Constituency. The Petitioners submitted a complaint to Respondent No. 2 on 27.11.2008 (Annexure-4 to the writ petition) in this regard but no step was taken by him to redress the grievance of the Petitioners. Having no other alternative, the Petitioners have filed the present writ petition. 6. This matter was first listed on 02.02.2009 and on the prayer of the learned Senior Govt. Advocate, Mr. Nabam, this Court granted him time till 09.02.2009 for obtaining necessary instructions but he failed to obtain the instructions and this Court again on 09.02.2009 granted some more time till 24.02.2009 to obtain instructions from the Govt. No instruction was forthcoming and on 24.02.2009, this Court again granted further time of one week to obtain instructions and to ascertain as to whether the draft electoral roll has been finalized and published. On subsequent dates namely, 06.03.2009 and 09.03.2009 also, the learned State Counsel failed to obtain the instructions from the Govt. On 16.03.2009, the learned Sr. Govt. Advocate obtained some instructions in writing vide letter No. WP(C) 40 (AP) dated 16th March, 2009 from the Office of the Chief Electoral Officer, Itanagar, which is quoted below: Fax/Speed Post <blockquote To, Addl. Sr. Govt. Advocate, Gauhati High Court, Itanagar Permanent Bench, P.O. Naharlagun, Arunachal Pradesh. Subject: Writ petition. On 16.03.2009, the learned Sr. Govt. Advocate obtained some instructions in writing vide letter No. WP(C) 40 (AP) dated 16th March, 2009 from the Office of the Chief Electoral Officer, Itanagar, which is quoted below: Fax/Speed Post <blockquote To, Addl. Sr. Govt. Advocate, Gauhati High Court, Itanagar Permanent Bench, P.O. Naharlagun, Arunachal Pradesh. Subject: Writ petition. Reference: No. SGA/AP/09/149 dated 3rd March, 2009. Sir, I am directed to say that the above writ petition was received late. It was forwarded by the Under Secretary, State Election Commission. It is also seen that the Chief Electoral Officer, Arunachal Pradesh is not made as Respondent in the said writ petition. However, the following instruction/clarification is furnished- Under Section 23 of R.P. Act 1950 (1) Any person whose name is not included in the electoral roll of a constituency may apply to the ERO for the inclusion of his/her name in that roll. (2) The ERO shall if satisfy that the applicant is entitled to be registered in the electoral roll direct his name to be included therein. Provided that if the applicant is registered in the electoral roll of any other constituency, the ERO shall inform the ERO of that constituency and that officer shall on receipt of the information strike off the applicant's name from the roll. (3) No amendment, transportation of deletion of any entry shall be made under Section 22 and no direction for inclusion of a name in the electoral roll of a constituency shall be given under this section after the last date for making nominations for an election in that constituency or in the parliamentary constituency within which that constituency comprised and before the completion of that election. Yours faithfully, Sd/- (G. Tekseng) Joint Chief Electoral Officer, Arunachal Pradesh, Itanagar. 7. Mr. Nabam, learned Sr. Govt. Advocate, on instructions from the Government, submits that the final electoral rolls have already been published and the Election Commission of India has also announced its decision to hold the parliamentary election and as per tentative schedules of election filling nominations would start from 30th March, 2009 in the State of Arunachal Pradesh. It is submitted by Mr. Govt. Advocate, on instructions from the Government, submits that the final electoral rolls have already been published and the Election Commission of India has also announced its decision to hold the parliamentary election and as per tentative schedules of election filling nominations would start from 30th March, 2009 in the State of Arunachal Pradesh. It is submitted by Mr. Nabam that the inclusion of names of the Petitioners' in the electoral rolls cannot be considered at this stage in view of the provision under Section 22 of the Representation of the People Act, 1950 inasmuch as making of nomination of the candidates has already taken place soon after the political parties have already nominated their candidates for contesting the ensuing parliamentary election in the State of Arunachal Pradesh and no relief can be granted to the Petitioners. 8. Mr. Muk Pertin, learned Counsel for the Petitioners submits that the words 'after the last date for making nominations for an election' do not mean selection/nomination of candidates by the political parties for contesting the election, it is rather to mean the last date for filling nomination by the candidates before the Returning Officer. As per the tentative programme of the Election Commission, the making/filling of nomination by the candidates, either nominated by the political parties or independent candidate, has been fixed on 30th March, 2009. Taking the date of filling nomination by the candidates on 30th March, 2009 and reading the provision under Section 22 of the Representation of the People Act 1950, an effective measure can be taken by the Respondent authorities to include the names of the Petitioners in the electoral rolls of 39-Mebo (ST) Assembly Constituency so as to enable the Petitioners to exercise their franchise. In this regard, Mr. Pertin cites the case of Narendra Madivalapa Kheni vs. Manikrao Patil and other, reported in AIR 1977 SC 2171 , wherein it is held, amongst others, that inclusion of the names in the electoral roll can be carried out till last date for making nomination and the last date terminates when the reception of nomination is closed. He also refers to the case of Mustafa Kamal Passa and Ors. He also refers to the case of Mustafa Kamal Passa and Ors. v. Muktar Hussain Khan, reported in 1995 (3) GLT 426, wherein it is held, amongst others, that Section 21(3) of the Representation of the People Act, 1950 invests the Election Commission with a power to direct a special revision of the electoral roll of any constituency or part of a constituency at any time, for reasons to be recorded in such manner as it may think fit. 9. I have carefully perused and considered the pleadings and also the documents annexed to the writ petition. The Petitioners have furnished/annexed the photocopies of the 'Form-6' duly filled up by each of the Petitioners (Annexure-3 series) which they submitted to the Electoral Registration Officer of the 39-Mebo (ST) Assembly Constituency and were received by the Designated Officer concerned on 22.11.2008 i.e. before the last date fixed for filing of claims and objections on 24.11.2008. It was the duty of the Designated Officer to forward the same to the Respondent-Electoral Registration Officer (Respondent No. 2). On the aforesaid forms, the Designated Officer recorded the date of hearing on 05.12.2008 in the office of the Electoral Registration Officer, Mebo but the claims of the Petitioners were not considered for entry in the electoral rolls. 10. An additional affidavit has been filed by the Petitioners on 16th March, 2009 wherein it is alleged that the Designated Officer concerned instead of forwarding the duly filled up 'Form 6' to the Electoral Registration Officer returned the same to the Petitioners on 27.11.2008. Further allegation is made to the effect that final electoral rolls in respect of 39-Mebo (ST) Assembly Constituency was published on 10.01.2009 but the Electoral Rolls of 6 (six) polling stations of 39-Mebo (ST) Assembly Constituency were stolen away from the Office and in this regard, a complaint was lodged by the Mebo Elite Society (MES) on 03.02.2009 with the Chief Electoral Officer, Government of Arunachal Pradesh, Itanagar. The said incident, as stated in the aforesaid additional affidavit, was reported in the local news paper, namely, 'The Arunachal Times' dated 4th February, 2009. The said incident, as stated in the aforesaid additional affidavit, was reported in the local news paper, namely, 'The Arunachal Times' dated 4th February, 2009. The Petitioners have annexed the original copy of English daily 'The Arunachal Times' dated 4th February, 2009 along with the complaint dated 03.02.2009 and a copy of WT message No. EN/OP (RVN)-02/09/100 dated 5th February, 2009, marked Most urgent, sent by Joint Chief Electoral Officer, Arunachal Pradesh, Itanagar addressed to DEO, Pasighat, asking for factual report for missing of revision documents of 39-Mebo (ST) Assembly Constituency. The Petitioners have also furnished a photo copy of letter No. 23/ARUN/2008 dated 21st January, 2009 sent from Election Commission of India addressed to the Chief Electoral Officer, Arunachal Pradesh, Itanagar asking for detailed report on the above incident of missing of electoral rolls. In the said letter, the Election Commission of India has directed that special summary revision of electoral rolls for the said 6 (six) polling stations in 39-Mebo (ST) Assembly Constituency should be taken up under Section 21(3) of the Representation of the People Act, 1950 as per schedule quoted therein. For better appreciation of the factual position, the aforesaid letter is quoted below: Fax/Speed Post Election Commission of India Nirvachan Sadan, Ashoka Road, New Delhi-110001 NO. 23/ARUN/2008 Dated – 21.1.2009 To, The Chief Electoral Officer, Arunachal Pradesh, Itanagar Subject: Special Summary revision of electoral rolls w.r. to 01.01.2009 as per the qualifying date in respect of 6 (six) polling stations in 39-Mebo (ST) Assembly Constituency-programme regarding. Sir, I am directed to refer to your Fax message No. EN/OP (RVN)-19/08/40 dated 20.01.2009 on the subject cited and to state that in view of the circumstances explained therein the Commission has directed that special Summary Revision of Electoral Rolls for the said 6 (six) polling stations of 39-Mebo (ST) Arunachal Constituency shall be taken up under Section 21(3) of the Representation of the People Act, 1950, as per the following schedule:- 1. Draft publication of electoral rolls of 6 (six) Polling Stations of 39-Mebo (ST) 24.01.2009 2. Period for filing claims and objections 24.01.2009 to 31.01.2009 3. Disposal of claims and objections 04.02.2009 4. Preparation and printing of supplements 08.02.2009 5. Final publication 10.02.2009 2. Draft publication of electoral rolls of 6 (six) Polling Stations of 39-Mebo (ST) 24.01.2009 2. Period for filing claims and objections 24.01.2009 to 31.01.2009 3. Disposal of claims and objections 04.02.2009 4. Preparation and printing of supplements 08.02.2009 5. Final publication 10.02.2009 2. The final publication of electoral rolls for entire 39-Mebo (ST) Assembly Constituency shall be taken up on 10.02.2009 along with the final publication of the above said 6 (six) polling stations of the said Assembly Constituency, after obtaining written clearance from the Commission. 3. The Commission has also directed that detailed report of the above said incident and action taken thereon be furnished to the Commission immediately. 4. Kindly acknowledge receipt and confirm action taken. Yours faithfully, Sd/- (Standhope Yuhlung) Secretary 11. From the aforesaid letter dated 21st January, 2009, it is clear that the Election Commission of India made a specific direction for Special Summary Revision of Electoral Rolls in respect of 6 (six) polling stations of 39-Mebo (ST) Assembly Constituency and inspite of such clear direction, the State Respondents have initiated no action in this regard and due to inaction of the Respondent authorities, the Petitioners are going to be deprived of their most valuable right namely, the right of voting as citizens of a democratic country. Such a negligence/inaction on the part of the Respondent authorities cannot be taken lightly and it is expected that the Chief Secretary to the Govt. of Arunachal Pradesh should take up the matter immediately to find out the cause of such inaction and fix the responsibility and to deal with the erring officer in accordance with law with firm hand. 12. I have carefully gone through the decision of the Apex Court in Narendra's case (supra) and I am of the considered view that the present case may be dealt with in the light of the aforesaid judgment for inclusion of names of the Petitioners in the electoral rolls even at this stage, as the filling/making of nomination is yet to start in the State of Arunachal Pradesh for the ensuing Parliamentary Election. For guidance of all concerned in the matter of redressal of the Petitioners' grievance, it is apposite to quote para 21 of the aforesaid judgment. 21. For guidance of all concerned in the matter of redressal of the Petitioners' grievance, it is apposite to quote para 21 of the aforesaid judgment. 21. Section 23 of the 1950 Act does state that the inclusion of the names in the electoral roll can be carried out till the last date for making nominations for an election in the concerned constituency. What, then, is the last date? When does the last date cease to be? If the purpose of the provision were to illumine its sense, if the literality of the text is to be invigorated by a sense of rationality, if conscionable commonsense were an attribute of statutory construction, there can hardly be any doubt that the expression 'last date for making nominations' must mean the last hour of the last date during which presentation of nomination papers is permitted under Section 23(3) of the 1950 Act and Section 33(1), (4) and (5) of the 1951 Act interact, fertilize and operate as a duplex of clauses. So viewed, the inclusion of the names in the electoral roll after 3 p.m., on April 17, 1974, is illegitimate and illegal. 13. In view of the aforesaid discussions and judgment rendered by the Apex Court in the Narendra's case (supra), the Respondent authorities, particularly, the Respondent No. 2, Electoral Registration Officer, 39-Mebo (ST) Assembly Constituency is directed to take immediate necessary action/steps for inclusion of names of the Petitioners, if found eligible and qualified, in the electoral rolls so as to enable them to exercise their franchise in the ensuing Parliamentary Election. The Respondent No. 2 is also directed to submit compliance report forthwith. 14. The petition stands allowed. 15. Registry is directed to deliver the authenticated/true copy of this judgment and order to the Chief Secretary to the Govt. of Arunachal Pradesh, Chief Electoral Officer, Arunachal Pradesh, Itanagar and the Electoral Registration Officer of the 39-Mebo (ST) Assembly Constituency by tomorrow. Petition allowed.