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2016 DIGILAW 2390 (ALL)

Ramtirth Singh v. State of U. P.

2016-07-11

MAHESH CHANDRA TRIPATHI, V.K.SHUKLA

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JUDGMENT Ramtirth Singh is before this Court for directing to the respondents to include/add the name of the petitioner in the electoral roll of Gram Panchayat Tehsil Sadar Pilibhit Distt. Pilibhit and direct the concerned authority for inspection of the whole matter and to take necessary steps. 2. Petitioner submits that his name has been illegally deleted from voter list so that other incumbent be elected in the election of Gram Panchayat. Petitioner submits that he has represented the matter but nothing has been done. 3. In case name of an incumbent has been deleted from the Electoral College, then there is a full-fledged mechanism provided for bringing back the name of incumbent in the Electoral College. 4. A Division Bench of this Court, in the case of Prabhu Nath Mishra Vs. State of U.P., Writ C No. 52509 of 2015 exhaustively dealt with the relevant provisions dealing with preparation of electoral rolls as follows: - "6. So far as the preparation of the electoral college in respect of Panchayat Election is concerned, we may refer to Section 9 of the U.P. Panchayat Raj Act, 1947, which provides for electoral rolls, being prepared for each territorial constituency. It may also be noticed that the electoral rolls once published are made final and any alternative addition or modification can be made in accordance with the Act and the Rules framed thereunder, which are also to be made in accordance with the procedure prescribed (reference Section 9(2) of the U.P. Panchayat Raj Act, 1947). 7. For the purposes of preparation of the electoral rolls, the State of Uttar Pradesh in exercise of power under Section 9(2) has framed the "Uttar Pradesh Panchayat Raj (Registration of Electors) Rules, 1994". We may record that under Rule 5, preparation of the rolls take place under the signatures of the Assistant Electoral Registration Officer, and for the purpose, he has been authorized to seek assistance from occupant of dwelling houses in the area of the territorial constituency by virtue of Rule 6. He has also been authorized to access the concern register of birth and death under Rule 7. Rule 8 provides for preparation of the draft rolls and confers right upon the persons residing in territorial limits to get the name included, when they are not so included as well as a right to object to the inclusion of names by filing objections. Rule 8 provides for preparation of the draft rolls and confers right upon the persons residing in territorial limits to get the name included, when they are not so included as well as a right to object to the inclusion of names by filing objections. These claims and objections are required to be filed under the Rule 9 and 10 of the 1994 Rules. The procedure for consideration of these claims has also been laid down under Rules 14, 15 and 16 of the Rules 1994. Rule 17 permits inclusion of the name inadvertently left out or omitted, while Rule 18 provides for deletion of name of dead persons or persons who are not shown to be ordinary residents of the territorial limits. Rule 19 of the Rules provides for publication of final electoral roll. We may record that Rule 21-A permits filing of appeal against the orders deciding the application for inclusion of name as also against the orders, whereby objections are decided. Rule 21-A(4) & (5) provides that the decision of the appellate authority shall be final, and if the decision of the Assistant Electoral Registration Officer is reversed, it shall take effect from the date of order in the appeal, and provides that such amendments in terms of the orders of the appellate authority shall be made in the rolls, as may be necessary to give effect to it. Meaning thereby that the procedure contemplated under Rule 1994 is to be applied till the publication of the final electoral roll. 8. Once the final electoral roll is published then the Uttar Pradesh Panchayat Raj (Registration of Electors) Supplementary Provisions Order, 1999 comes into play. This Order has been framed in exercise of power under Section 9(10) of the Act of 1947. The Order of 1999 permits a person within the specified period to apply for addition of his name under Rule 3, for deletion of name of any person under Rule 4, not qualified to be registered, and Rule 5 provides for the correction in the entry of the roll, while Rule 6 permits inclusion of the left out name in the roll. Application for addition is to be filed in Form 2, for deletion in Form 4 and for correction in Form 3. Application for addition is to be filed in Form 2, for deletion in Form 4 and for correction in Form 3. Rules 6 provides for a power upon the District Magistrate, the Electoral Registration Officer, to make an enquiry in the matter of inclusion of the name of electors and to make his recommendation to the State Election Commission. Rule 7 requires a deposit of Rs.1/- each person as fees for the application of inclusion of name or for deletion in the roll or for the correction of any of the entries. The list of names included/deleted from the roll and of the correction entries is to be published on the noticeboard of the District Electoral Officer, and appeal against said order is provided under the rule 21-A. The power to make corrections in the roll is available to the authority only upto the date of notice for election, which flows from reading of definition of "specified period", as contained in Clause 2(f) of the Order 1999. 9. From a reading of the Rule 8, it is apparent that whatever changes takes place under the Order of 1999, the same are to be annexed to the original roll. The distinction between the exercise of power before the preparation of the electoral roll, under the 1994 Rules, and deletion/addition of the name of electors to be made under the provisions of Order 1999 are clearly distinct. Once the electoral roll has been prepared but not published, the correction thereto can only be made on an order to be passed by an appellate authority under Rule 21-A of the 1994 Rules, which order of the appellate authority has to be made part of the final roll itself. Subsequent to publication of final electoral roll under1994 Rules, correction by way of addition/deletion of names can only to be made under the Order of 1999. These corrections are introduced as Annexure to the original roll. The Statutory Scheme, notice above, therefore, lays down two distinct procedure in the matter of inclusion, exclusion and correction in the electoral rolls under the Regulations of 1994 and Order of 1999. These corrections are introduced as Annexure to the original roll. The Statutory Scheme, notice above, therefore, lays down two distinct procedure in the matter of inclusion, exclusion and correction in the electoral rolls under the Regulations of 1994 and Order of 1999. While corrections under the 1994 Rules can be made till publication of the final roll subject to the orders of the appellate authority, corrections under the 1999 Order can be made only after such final roll has been published by incorporating the corrections, as Annexures to the main electoral roll. 10. We are, therefore, of the opinion that even if there has been some error in the preparation of the final electoral roll under the 1994 Rules, the law of elections being technical in nature, this Court cannot ask the authority to act contrary to the Rules regulating the faming of the electoral rolls. The petitioners cannot be permitted to seek a writ of mandamus commanding the respondents to add their name to the voter list for Gram Panchayat Jewania, once its final electoral roll has been published. They may make an application under the 1999 Order, after satisfying the essential requirement. 11. Since in the facts of the case final voter list has already been published and no application under 1999 Order has been made, there cannot be any mandamus to consider the request of the petitioners." In view of this, once there is a full-fledged mechanism provided for, then there is no occasion for us to interfere in the matter. Consequently, writ petition is dismissed.