Case Note & Summary
The petitioner, Sau. Rekha, filed a writ petition under Article 226 of the Constitution of India seeking inclusion of her name in the voters' list for Deori Nagar Panchayat elections. The elections were governed by the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965. The State Election Commission issued a notification on 01.11.2021 declaring the electoral roll of the Maharashtra Legislative Assembly as the voters' list for Deori Nagar Panchayat. The petitioner's name did not appear in this list. The election program further provided for finalization of the ward-wise voters' list on 29.11.2021. The petitioner argued that her name should be included, contending that the finalization date allowed for such inclusion and that otherwise the election program would be rendered meaningless. The respondents, relying on Section 11 of the Act of 1965, argued that the electoral roll, once notified by the State Election Commissioner on a specified date, constitutes the final voters' list for Nagar Panchayat elections and no subsequent additions or deletions are permissible. The court examined the law, particularly Section 11 of the 1965 Act, which states that the electoral roll of the Maharashtra Legislative Assembly, as notified by the State Election Commissioner, is the list of voters for each ward. The court found the facts similar to its earlier decision in Firoz Khan Daddu Khan Pathan vs. State Election Commission, where it had interpreted Section 12 of the Maharashtra Village Panchayats Act in light of Sections 22 and 23 of the Representation of the People Act, 1950 and Rule 13 of the Registration of Electors Rules, 1960, and held that the notified electoral roll is final. The court noted that the date 29.11.2021 fixed in the election program was for finalization of the ward-wise voters' list, which involves a 'scissors-and-paste' operation to adjust voters among different wards, as explained in Savio O. Fernandes vs. State Election Commissioner. It is not intended for inclusion or deletion of names. Since the petitioner's name was not in the electoral roll as notified on 01.11.2021, it could not be added later. Accordingly, the court dismissed the writ petition, discharged the rule, and imposed no costs.
Headnote
A) Municipal Law - Preparation of Voters' List for Nagar Panchayat - Finality of Electoral Roll - Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965, Section 11 - The electoral roll of Maharashtra Legislative Assembly notified by State Election Commissioner on 01.11.2021 as voters' list for Deori Nagar Panchayat is final; once notified, names cannot be added or deleted, and the petitioner's name not being included cannot now be inserted - Held, petition dismissed (Paras 3, 4, 6, 7) B) Election Law - Interpretation of Election Program - Distinction between Name Inclusion and Ward-wise Adjustment - The election program's date for finalization (29.11.2021) is for ward-wise adjustment only, a 'scissors-and-paste' operation under Savio O. Fernandes case, and not for inclusion of new names; therefore, inclusion of petitioner's name not permissible - Held, petition dismissed (Paras 8)
Issue of Consideration
Whether the petitioner's name could be included in the voters' list for Deori Nagar Panchayat election after the electoral roll of the Maharashtra Legislative Assembly was notified on 01.11.2021 as the voters' list, despite the election program providing for finalization of ward-wise voters' list on 29.11.2021
Final Decision
Writ Petition dismissed. Rule discharged. No costs.
Law Points
- electoral roll of Maharashtra Legislative Assembly notified under Section 11 of Maharashtra Municipal Councils
- Nagar Panchayats and Industrial Townships Act
- 1965 is final list of voters for Nagar Panchayat elections
- once notified
- no inclusion or deletion of names possible
- election program's finalization date pertains only to ward-wise adjustment of voters
- not to inclusion/deletion
