BAIDYANATH PANJIAR versus SITARAM MAHTO & ORS.

BAIDYANATH PANJIAR versus SITARAM MAHTO & ORS.

The electoral registration officer was without power to amend the electoral rolls or include new electors after the last date for making nominations, as mandated by section 23(3) of the 1950 Act. Votes cast on such an amended roll are void and can materially affect the election result, justifying the election being set aside.

Parties
Appellant: Baidyanath Panjiar; Respondent No. 1: Sitaram Mahto; Respondent No. 2: Raj Kumar Mahaseth; Respondent No. 3: Gangadhar
Jurisdiction
India
Judgment Date
13 August 1969
Procedural Posture
Civil Appeal / Supreme Court Appeal From Patna High Court Decision in Election Petition No. 4 of 1968
Outcome
Appeal dismissed
Legal Topics
Representation of the People Act, Electoral Roll, Inclusion of Voters, Election Petition
Election Law Representation of the People Act Electoral Roll Inclusion of Voters Election Petition

Case Brief

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Parties

Baidyanath Panjiar

Appellant

Sitaram Mahto

Respondent No. 1

Raj Kumar Mahaseth

Respondent No. 2

Gangadhar

Respondent No. 3

Procedural Posture

Civil Appeal / Supreme Court Appeal From Patna High Court Decision in Election Petition No. 4 of 1968

Legal Issues

  1. 1 Whether inclusion of names in the electoral roll after the last date for filing nomination invalidates votes cast by such voters.
  2. 2 Whether the legislative mandate of section 23(3) of the Representation of the People Act, 1950 is mandatory.

Ratio Decidendi

The electoral registration officer was without power to amend the electoral rolls or include new electors after the last date for making nominations, as mandated by section 23(3) of the 1950 Act. Votes cast on such an amended roll are void and can materially affect the election result, justifying the election being set aside.

Court Disposition

Appeal dismissed

Orders

  • Election of the appellant set aside; second respondent declared elected.
  • Appellant to pay costs.