Case Note & Summary
This appeal arose from an election petition filed by two electors of Jamkhandi constituency challenging the election of B. D. Jatti to the Mysore Legislative Assembly in the 1967 general elections. The constituency had only two contesting candidates: Jatti and M. M. Shivappa. Jatti secured 24,578 votes against Shivappa's 21,261 votes. The petitioners, I. S. Ghattarki and P. R. Belagali, were electors and had acted as election agents for Shivappa. The election petition alleged that Jatti had ceased to be ordinarily resident in Jamkhandi during the relevant period and that his name had been entered in the electoral roll of Bangalore city, and that he manipulated the rolls to enter Jamkhandi constituency. They claimed he was not an elector and not qualified under Section 5(c) of the Representation of the People Act, 1951. The petition also alleged corrupt practices including misuse of police officers to prevent free voting and malpractices by the presiding officer. The High Court framed issues, including whether the court had jurisdiction to examine the validity of the electoral roll entry. The trial judge held that the court had jurisdiction but found on evidence that petitioners failed to prove Jatti was not an elector and not qualified; the High Court also rejected corrupt practice allegations and dismissed the petition. The primary legal question was whether an election court under the 1951 Act has jurisdiction to adjudicate the validity of an entry in an electoral roll on the ground of non-ordinary residence, notwithstanding Section 30 of the 1950 Act. Also whether the definition of 'elector' incorporates ordinary residence conditions or only disqualifications under Section 16; and whether an election can be set aside for non-compliance with the 1950 Act. Petitioners asserted that ordinary residence was essential for valid registration and that the court should examine it. The respondent contended that Section 30 barred civil court jurisdiction, that ordinary residence was irrelevant to the definition of elector, and that only Section 16 disqualifications matter. The respondent also denied corrupt practices. The Supreme Court examined the scheme of the 1950 Act and 1951 Act. It held that Section 30 of the 1950 Act ousts civil court jurisdiction to entertain questions of entitlement to registration. The elaborate rules for preparation and revision of rolls provide the only machinery. The conditions about ordinary residence are for registration purposes only and have nothing to do with disqualifications for registration prescribed by Section 16, which alone are relevant to the definition of elector in Section 2(1)(e) of the 1951 Act. Therefore the challenge based on ordinary residence could not be raised in an election petition. The Court also held that Section 100(1)(d) permits declaring an election void only for non-compliance with the Constitution or the 1951 Act or rules/orders, not for non-compliance with the 1950 Act except Section 16. The case did not involve violation of Article 173. On corrupt practices, the Court found no reason to differ from the High Court's factual findings. The appeal was dismissed, affirming the High Court's dismissal of the election petition. The Court noted the trial judge erred in assuming jurisdiction but the result was correct because petitioners failed to prove disqualification under Section 16.
Headnote
A) Election Law - Jurisdiction of Election Court - Challenge to Electoral Roll Entry - Representation of the People Act, 1950, Section 30; Representation of the People Act, 1951, Section 100(1)(d) - In an election petition, the court has no jurisdiction to adjudicate whether a person is or is not entitled to registration in an electoral roll because Section 30 of the 1950 Act bars civil courts from entertaining such questions; the question of ordinary residence can only be determined under the machinery of the 1950 Act. Held that the trial judge erred in holding jurisdiction, but since petitioners did not prove disqualification under Section 16 of the 1950 Act, the appeal was dismissed. (Paras Not mentioned) B) Election Law - Qualification of Candidate - Definition of Elector - Representation of the People Act, 1951, Sections 2(1)(e), 5(c); Representation of the People Act, 1950, Section 16 - The definition of 'elector' under Section 2(1)(e) of the 1951 Act refers only to disqualifications mentioned in Section 16 of the 1950 Act, not to the conditions of ordinary residence under Section 19; ordinary residence is relevant only for registration purposes. Held that ordinary residence is not a ground to challenge the electoral roll entry in an election petition. (Paras Not mentioned) C) Election Law - Grounds for Setting Aside Election - Non-Compliance with 1950 Act - Representation of the People Act, 1951, Section 100(1)(d) - An election can be declared void only for non-compliance with the Constitution or the 1951 Act or rules/orders made thereunder, not for non-compliance with the 1950 Act except Section 16. Held that the challenge based on ordinary residence could not be entertained under Section 100(1)(d). (Paras Not mentioned)
Issue of Consideration
Whether a court trying an election petition under the Representation of the People Act, 1951 has jurisdiction to adjudicate the validity of an entry in an electoral roll on the ground that the returned candidate was not ordinarily resident in the constituency; and whether such challenge is barred by Section 30 of the Representation of the People Act, 1950.
Final Decision
Appeal dismissed; the judgment of the Mysore High Court dismissing the election petition was affirmed. The Supreme Court held that the trial judge erred in holding that the election court had jurisdiction to examine the validity of the electoral roll entry, but since the petitioners failed to prove that respondent No. 1 suffered any disqualification under Section 16 of the 1950 Act, the result was the same. The court also found no reason to differ from the High Court's findings on corrupt practices.
Law Points
- Section 30 of Representation of the People Act
- 1950 bars civil court jurisdiction over questions of entitlement to registration in electoral roll
- entries in electoral roll can be challenged only under machinery of 1950 Act and rules
- not in election petition unless violation of Constitution
- ordinary residence conditions under Section 19 of 1950 Act are relevant only for registration and not for 'elector' definition under Section 2(1)(e) of 1951 Act
- Section 100(1)(d) of 1951 Act limits grounds for setting aside election to non-compliance with Constitution or 1951 Act or rules
- not 1950 Act except Section 16
- definition of elector refers only to disqualifications under Section 16 of 1950 Act
- concurrent factual findings on corrupt practices not interfered
