STATE OF KARNATAKA & ORS. versus G. NAGAPPA & ORS.

STATE OF KARNATAKA & ORS. versus G. NAGAPPA & ORS.

The State Government has no power under rule 75 of the Election Rules to cancel the calendar of events published by the Returning Officer once the election process has commenced. The division-wise voters' lists are to correspond with the Electoral Roll in force at the commencement of the election process, and once this process begins, changes to the voters' lists are not permitted. Errors in the Electoral Roll can only be rectified by applying for rectification as prescribed by the Representation of the People Act, 1950, not by interference during the election process.

Parties
Appellant: State of Karnataka; Respondent: G. Nagappa; Respondent: Respondent Nos. 18 & 25
Jurisdiction
India
Judgment Date
21 July 1975
Procedural Posture
Civil Appeal / Decision on Appeal From High Court; Supreme Court Judgment
Outcome
appeal dismissed
Legal Topics
Power of State to Interfere With Election Process, Preparation and Rectification of Voters' List, Validity of Government Order Cancelling Election Calendar, Application of Karnataka Municipalities Act, 1964
Election Law Municipal Law Power of State to Interfere With Election Process Preparation and Rectification of Voters' List Validity of Government Order Cancelling Election Calendar Application of Karnataka Municipalities Act, 1964

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Parties

State of Karnataka

Appellant

G. Nagappa

Respondent

Respondent Nos. 18 & 25

Respondent

Procedural Posture

Civil Appeal / Decision on Appeal From High Court; Supreme Court Judgment

Legal Issues

  1. 1 Whether the State Government had power under rule 75 of Mysore Municipalities (Election of Councillors) Rules, 1965 to cancel the calendar of events fixed by the Returning Officer and set aside the election process
  2. 2 Whether divisional voters' lists must be based on the Electoral Roll in force at commencement of election
  3. 3 If errors in the Electoral Roll can be rectified by the Returning Officer or by applying for rectification under the Representation of the People Act, 1950

Ratio Decidendi

The State Government has no power under rule 75 of the Election Rules to cancel the calendar of events published by the Returning Officer once the election process has commenced. The division-wise voters' lists are to correspond with the Electoral Roll in force at the commencement of the election process, and once this process begins, changes to the voters' lists are not permitted. Errors in the Electoral Roll can only be rectified by applying for rectification as prescribed by the Representation of the People Act, 1950, not by interference during the election process.

Court Disposition

appeal dismissed

Orders

  • Returning Officer directed to complete the election before 10th June, 1975 on the basis of the Electoral Roll in force on 7th December, 1974
  • Appeal dismissed with costs