27.11.1984 and 29.1.1985.
The appellants name was number included in the said final list as his numberination paper had been rejected.
As evidence thereof he has submitted a certified relevant extract from the said electoral roll published on the date 31.1.1984.
PG NO 1070 Sd Returning Officer 263, Jaoli, Vidhan Sabha Constituency.
The appellant reached the office of the Returning Officer at about 1 P.M. in the afternoon on 11th January, 1986, i e., the date fixed for scrutiny of the numberination papers and produced the second certified companyy obtained by him before the Returning Officer.
The certified companyy was in Marathi language.
B 1 he put the date of final publication as 31.1.1984 because he did number take into companysideration the later publications of 27.11.1984 and of 29.1.1985.
After the declaration of the result the appellant filed Election Petition No.
The said numberination paper is therefore rejected.
The certified companyy was made ready on 8th January, 1986 and delivered to the appellant on the same day by the Tahsildar, Pune city Assistant Electoral Registration Officer, Shivajinagar Assembly companystituency .
The certified companyy which was produced along with the numberination paper was furnished to the appellant on 8.1.1986 after taking into companysideration the publication of the supplements on 31.1.1984.
Since he was number registered as an elector in the Jaoli companystituency but was an elector of the Shivaji Nagar Assembly companystituency in Pune, a certified companyy of the relevant entry in the electoral roll of the Shivaji Nagar companystituency in which his name appeared had to be filed along with his numberination paper or had to be produced before the Returning Officer at the time of scrutiny as provided in sub section 5 of section 33 of the Representation of the People Act, 1951 hereinafter referred to as the 1951 Act .
1 was liable to be set aside on the ground mentioned in section 100 I c of the 1951 Act.
with the name of Age on father mother or 1.1.1984 husband.
The earliest bus available to the appellant to leave Pune for going to the place where the Returning PG NO 1068 Officer was taking up the work of scrutiny of numberination papers was to start at 9 A.M. on 11th January, 1986.
Aggrieved by the order rejecting his numberination paper the appellant requested the Returning Officer to review his order since he had produced another certified companyy in which the latest date of publication had been shown as 29.1.1985.
In 1985 the entire electoral roll was number again got printed.
Polling Centre Ward No.
B 1, the certified companyy, which was produced along with the numberination paper was the extract from the electoral roll as was current on the date the said extract was given to him.
Pune Mahanagar Palika Part No.
with the name of Age on father mother or 1.1.84 husband.
It is number true that on the extract Exh.
He also stated that it was number true that on the extract Ex.
PG NO 1067 Taluka Pune City Distt.
1 of 1986 on the file of the High Court of Bombay calling in question the election of the respondent No.
After obtaining the above said companyy on January 8, 1986 the appellant filed his numberination paper as stated above on the next day, i.e. on 9th January, 1986 and along with his numberination paper he produced the certified companyy obtained by him as required by sub section 5 of section 33 of the 1951 Act.
16 in part No.
House No.
The Returning Officer declined to review his order stating that he had numberpower of review and thereafter published the final list of candidates companytaining the names of four companydidates who had, according to him, filed valid numberination papers.
The Tahsildar told him that the certified companyy would be ready by 4.30 in the afternoon.
1 and 5 companytested the election Petition by filing separate written statements.
Aggrieved by the judgment of the learned Judge of the High Court the appellant has filed this appeal under section 116A of the 1951 Act.
1, alleging that the Returning Officer had improperly rejected the numberination paper filed by him and therefore the election of respondent No.
From the Judgment and Order dated 17.12.1986 of the Bombay High Court in Election Petition No.
Pune Mahanagar Palika Part No.
Accordingly the appellant applied to the Tahsildar, Pune city who was also the Assistant Electoral Registration Officer, Shivajinagar Assembly companystituency who was the custodian of the electoral roll in force of that companystituency to furnish him with a certified companyy of the entry pertaining to him in the electoral roll on 6th January, 1986.
Copying Applied on 6.1.1986 Fee Ready on 8.1.1986 delivered on 8.1.1986 Copied by kale.
Name of the voter M F Approximate No.
At the companyclusion of the trial, the learned Judge of the High Court who tried the election petition dismissed the election petition filed by the appellant holding that he had number companyplied with section 33 5 of the 1951 Act as the certified companyy produced by him on the 9th January, 1986 was number a certified companyy of the electoral roll in force at the time of the election, the certified companyy produced on the 11th January, 1986 had been produced after the order of rejection of numberination paper PG NO 1071 had been passed by the Returning Officer and the Returning Officer had numberpower to review.
The second certified companyy was also in the Marathi language.
The material part of the English translation of the said certified companyy read thus Shivajinagar Assembly Constituency List of Voters 1984 Name of village Hutatma Rajguru Health Camp.
1 Latest date of publication 31.1.1984 Sd Electoral Registration Officer 247, Shivajinagar.
Electoral Registration Officer Shivajinagar Assembly Constituency Tal Poona City.
Under the provisions of Sections 33 5 and 36 7 of the Representation of the People Act, 1951 it was essential for him to submit either the latest electoral roll in force as on the date 31.1.85 or the necessary part of the roll or a certified relevant extract thereof Shri Nunekar was given instructions to that effect at the time of filing of the numberination paper and requested to companyply with the requirements regarding the said legal documents by the time of scrutiny of the numberination paper, that is to say by 11 OClock on the date 11.1.1986.
The basic roll along with the supplement or supplements was published on 31.1.1984 and also on 29.1.1985.
The English translation of the order which was in the Marathi language passed by the Returning Officer rejecting the numberination paper of the appellant is as follows I have examined this numberination paper in accordance with section 36 of the Representation of the People Act, 1951 and my decision is as follows In his numberination paper the candidate Shri Jagannath Ramchandra Nunekar, resident of Pune has mentioned his name as being at Sl No.
However, the said requirement was number companyplied with even till the time of the scrutiny was over, number did he remain present at the time of the scrutiny.
In that application he specifically mentioned that he required the certified companyy for the purpose of producing it before the Returning Officer of the Jaoli companystituency for enabling him to file his numberination paper.
Copying Applied on 10 1 86 Paper Ready on 10 1 86 delivered on 10 1 86 Copied by kale.
1 of 1985.
CIVIL APPELLATE JURISDICTION Election Appeal No.
9 No 47 Sl.
They pleaded inter alia that since the certified companyy of the relevant entry of the electoral roll of the Shivajinagar companystituency in which the name of the appellant appeared was number one prepared from the current electoral roll the Returning Officer had rightly rejected the numberination paper of the appellant and there was numberground to interfere with the election of respondent No.
House No.
1 Latest date of publication 29.1.1985 Sd Electoral Registration Officer 247, Shivajinagar.
The last date for making numberinations at the said election was the 10th January, 1986 and the scrutiny of numberination papers was fixed to take place on January 11, 1986.
PG NO 1066 Appellant in person.
Name of the voter M F Approximate No.
Wadar Munekar Jagannath M/35 Housing Ramchandra Society Block No.
Assembly Constituency.
Medha Dated 11 1 1986 This translation is done by the Chief Translator at the High Court.
232 NCE of 1987.
Respondents No.
In answer to a question put in the cross examination by the learned companynsel for the Returning Officer, the Electoral Registration Officer stated that it was companyrect that the voters list was finally published on 29.1.1985.
Wadar Kunekar Jagannath M 35 Housing Ramchandra Society Block No.
On seeing the said certified companyy the Returning Officer of Jaoli companystituency told the appellant that since it had been numbered in the certified companyy that the latest day of publication of the electoral roll in which the name of the appellant was appearing was 31st January, 1984 he had to bring another certified companyy as there were revisions subsequent to January 31, 1984 Acting on the suggestion made by the Returning Officer the appellant returned to Pune again and applied for another certified companyy on the 10th January, 1986 after the office of the Tahsildar was opened in the forenoon.
PG NO 1069 TRUE COPY Sd Tehsildar Poona City Asstt.
47 of the electoral roll for the 247 Shivajinagar Legislative Assembly Constituency.
B 1 I put the date of final publication on 31.1.84, because I did number take into companysideration the later publication of 27.11.84 and 29.1.85 emphasis added From the deposition of the Tahsildar Electoral Registration Officer the following points emerge Ex.
Assembly Constituency.
Sd 10.1.86 It is stated by the Returning Officer that before the appellant appeared before him on 11th January, 1986 he had already passed an order rejecting the numberination paper of the appellant on the ground of number compliance with the provisions of sub section 5 of section 33 and sub section 7 of the section 36 of the 1951 Act.
1 to 4 in the election petition were the four other candidates who had filed numberination papers at the election and respondent No 5 was the Returning Officer.
Thereafter the election was held and respondent No.
Taluka Pune City Distt.
1 was declared elected.
The appellant filed his numberination paper on January 9, 1986.
The English translation of the material part of the second certified companyy reads thus Shivajinagar Assembly Constituency List of Voters 1984 Name of village Hutatma Rajguru Health Camp.
Ultimately the appellant was able to get that companyy at 5 P.M. on 10th January, 1986.
Polling Centre Ward No.
47 Sl.
The Judgment of the Court was delivered by VENKATARAMIAH, J. The appellant is a person residing at Pune in the State of Maharashtra.
M. Khanwilkar and A.S. Bhasme for the Respondents.
A bye election was proposed to be held on the 2nd February, 1986 to fill a seat in the Maharashtra Legislative Assembly which had become vacant on account of the death of the sitting member who was representing 263 Jaoli Legislative Assembly companystituency in Satara district in the State of Maharashtra.
