POLAKI KOTESAM Vs. S M PATNAIK I A S REGISTRATION OFFICER
LAWS(ORI)-1953-9-7
HIGH COURT OF ORISSA
Decided on September 08,1953

POLAKI KOTESAM Appellant
VERSUS
S.M.PATNAIK, I.A.S. REGISTRATION OFFICER Respondents

JUDGEMENT

Panigrahi, C.J. - (1.) At the conclusion of the hearing of this petition on 1-9-1953, we intimated our decision to the parties and took time to formulate our reasons for our order. I now proceed to set out the reasons for dismissing the petition.
(2.) The petitioners, four in number, are residents of Berhampur Municipality in Ganjam district and were registered as voters in the electoral roll prepared in the year 1950. At the general election held in January 1952, two candidates were returned to the Orissa State Legislative Assembly from the Berhampur Constituency, but their election was set aside on 17-3-1953, by an order of the election tribunal, in Election Case No. 4 of 1952. A by election was directed to be held under Section 150, Representation of the People Act, 1950 (Act 43 of 1950) and 7-5-1953 was fixed as the last date for receiving nominations and 14-6-1953, for conducting the poll. On the 7th May one Sri Gadi Narayanamurti, an Advocate of Berhampur whose name had been registered in the electoral roll of 1950 filed nomination paper, but the Returning Officer, Berhampur Constituency, who is the opposite party No. 1 in these proceedings, rejected the nomination paper on the ground that his name was not found in the new electoral roll prepared in 1952. On 20-5-1953, the petitioners filed this petition under Article 226 of the Constitution impleading the Returning Officer who was also the Electoral Registration Officer for the Berhampur Constituency, as opposite party No. 1 and the other candidates whose nomination has been accepted, as opposite parties 2 to 6. The petitioners have prayed for the issuance of a writ "in the nature of mandamus or any other order directing opposite party No. 1 to treat the first-prepared roll of 1950 as the existing electoral roll for the purpose of the by election, and direct him not to conduct the election on the basis of the illegal electoral roll prepared in 1952."
(3.) The contention on behalf of the opposite party No. 1 is that on 7-8-1952, a press note was published informing the public that a new electoral roll for the Orissa State Legislative Assembly was being draft-published, and that objections were invited from electors whose names might have been omitted from the roll. It is further stated that a fresh roll was prepared after a house to house enquiry in the Berhampur Municipality as it was not possible to prepare a mere list of additions and amendments, owing to the fact that there had been a complete redistribution of the several municipal wards since the preparation of the last electoral roll in 1950; and that a new electoral roll, incorporating the additions and amendments, was draft-published on 7-8-1952 in a single roll superseding the previous electoral roll of the year 1950. The final publication of this new electoral roll was made on 31-1-1953.;


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