2003 (9) TMI 765 - SC - Indian Laws

Whether non-publication of a final electoral roll would render a general election invalid in law under Section 116A of the Representation of the People Act, 1951?

Issues Involved:
1. Adequate cause of action to challenge the election results.
2. Non-joinder of necessary parties.
3. Adequate pleadings in the Election Petition (E.P.).
4. Deletion of 19,045 voters from the final electoral roll without notice.
5. Material effect of the refusal of voting rights to 19,045 voters on the election result.
6. Addition of 6,828 voters to the final electoral roll after 30.4.2001.
7. Impact of ineligible voters from the additional list on the election result.
8. Relief and costs.

Issue-wise Detailed Analysis:

1. Adequate Cause of Action to Challenge the Election Results:
The Tribunal framed this issue to determine whether the petitioner had a valid cause of action to challenge the election results declared on 13.5.2001. The High Court found that the appellant had not proven that the legal requirements under Section 100(1)(d) of the Representation of the People Act, 1951 (the 1951 Act) were met, thus upholding the election of the first respondent despite alleged irregularities in the preparation and publication of the electoral roll.

2. Non-joinder of Necessary Parties:
The Tribunal considered whether the Election Petition was liable to be dismissed for not including necessary parties. The High Court did not find any merit in this preliminary issue, as it was decided in favor of the appellant by an earlier order dated 24.10.2001, which was not in question in this appeal.

3. Adequate Pleadings in the Election Petition (E.P.):
The Tribunal examined whether the Election Petition was liable to be dismissed for lack of adequate pleadings. The High Court dismissed this contention, noting that the appellant failed to produce authenticated copies of the electoral roll in full form to substantiate the alleged alterations made after 3 p.m. on 23.4.2001.

4. Deletion of 19,045 Voters from the Final Electoral Roll Without Notice:
The appellant alleged that 19,045 voters were deleted from the electoral roll after 3 p.m. on 23.4.2001 without notice. The High Court found that while irregularities were committed, the appellant could not prove the exact date of publication of the final electoral roll or provide certified copies of the altered roll. Thus, the deletion of voters without notice was not conclusively proven.

5. Material Effect of the Refusal of Voting Rights to 19,045 Voters on the Election Result:
The Tribunal assessed whether the refusal of voting rights to 19,045 voters materially affected the election result. The High Court concluded that no clinching evidence was provided to show that the deletion of voters after 3 p.m. on 23.4.2001 affected the election outcome. No voters came forward claiming denial of their constitutional right to vote under Article 326 of the Constitution of India.

6. Addition of 6,828 Voters to the Final Electoral Roll After 30.4.2001:
The appellant contended that 6,828 new names were added to the electoral roll after the final publication on 23.4.2001. The High Court found that the appellant failed to prove the exact number of additions made after 3 p.m. on 23.4.2001, and no authenticated electoral roll was produced to substantiate the claim.

7. Impact of Ineligible Voters from the Additional List on the Election Result:
The Tribunal considered whether the ineligible voters from the additional list materially affected the election result. The High Court held that no substantial evidence was provided to show that the inclusion of ineligible voters affected the election outcome. The appellant did not demonstrate that the illegal votes were cast in favor of the first respondent.

8. Relief and Costs:
The High Court dismissed the Election Petition, concluding that the appellant failed to prove that the alleged irregularities in the electoral roll preparation and publication materially affected the election result. The appeal was dismissed without costs.

Findings of the High Court:
The High Court found that although irregularities were committed in the preparation and publication of the electoral roll, the appellant failed to prove that these irregularities materially affected the election result as required under Section 100(1)(d) of the 1951 Act. The Tribunal dismissed the Election Petition, noting the lack of authenticated electoral rolls, the inability to prove the exact date of publication, and the absence of evidence showing that the deletion or addition of voters affected the election outcome. The appeal was dismissed without costs.

← Previous Next →