G.P.Mathur, J. - (1.) The petitioner contested election for the office of Pradhan of village Bhura, Tehsil Kairana, district Muzaffamagar which was held on June 23, 2000. In the said election 4.902 votes were cast out of which 308 votes were rejected as invalid. The petitioner secured 1,597 votes while Rishlpal, respondent No. 4 secured 1,752 votes and was accordingly declared to have been elected as pradhan. The present writ petition under Article 226 of the Constitution has been filed praying for several reliefs' including a writ of quo warranto asking respondent No. 4 to show his authority to hold the office of pradhan, a writ of mandamus for restraining respondent No. 4 from functioning as pradhan of the village, a writ of mandamus commanding State Election Commission and District Returning Officer to hold fresh election to the office of pradhan of village Bhura in accordance with the revised electoral rolls after deleting names of those who were wrongly included in the electoral roll of the gaon sabha. Further relief has been sought praying that writ of mandamus be issued commanding the State Election Commission and the District Returning Officer to delete the names of all those persons whose names have been mentioned in Annexures-2 to 4 of the writ petition. Though the relief claimed in the writ petition has not been couched in such a language but in effect, the petitioner wants that the election of respondent No. 4 as pradhan be set aside and fresh election held.
(2.) Sri Ravi Kant, learned counsel for the petitioner, has submitted that electoral roll of the gaon sabha, on the basis of which the election was held, was defective and fraudulent inasmuch as it contained names of large number of such persons who were either dead or were minors or were otherwise not eligible to vote in the election and, consequently, the result of the election had been materially affected and, therefore, the election of respondent No. 4 is liable to be set aside and a fresh election should be held after correcting the electorate roll.
(3.) In order to examine the contention raised, it is necessary to notice the provisions of the U. P. Panchayat Raj Act (hereinafter referred to as the Act) and the Rules made thereunder. Section 9 of the Act which deals with electoral roll for each territorial constituency was drastically amended by U. P. Act No. 9 of 1994. The relevant sub-sections of Section 9 of the Act which have a bearing on the controversy in hand are being reproduced below : "9. Electoral roll for each territorial constituency.--(1) For each territorial constituency of a gram panchayat, an electoral roll shall be prepared, in accordance with the provisions of this Act and the Rules made thereunder, under the superintendence, direction and control of the State Election Commission. (1A) Subject to the superintendence, direction and control of the State Election Commission, the Mukhya Nirvachan Adhikari (Panchayat) shall supervise, and perform all functions relating to the preparation, revision and correction of the electoral rolls in the State in accordance with this Act and the Rules made thereunder. (1B) ..... (2) The electoral roll referred to in sub-section (1) shall be published in the prescribed manner and upon its publication it shall, subject to any alteration. addition or modification made in accordance with this Act and the Rules made thereunder, be the electoral roll for that territorial constituency prepared in accordance with the provisions of this Act. (3) Subject to the provisions of sub-sections (4), (5), (6) and (7) every person who has attained the age of 18 years on the first day of January of the year in which the electoral roll is prepared or revised and who is ordinarily resident in the territorial constituency of a gram panchayat shall be entitled to be registered in the electoral roll for that territorial constituency. Explanation ..... (4). ..... (5). ..... (6). ..... (7). ..... (8) Where the State Election Commission is satisfied after making such enquiry as it may deem fit, whether on an application made to it or on its own motion that any entry in the electoral roll should be corrected or deleted or that the name of any person entitled to be registered should be added in the electoral roll, it shall, subject to the provisions of this Act and Rules and orders made thereunder, correct, delete or add the entry, as the case may be : Provided that no such correction, deletion or addition shall be made after the last date for making nominations for an election in the gram panchayat and before the completion of that election : Provided further that no deletion or correction of any entry in respect of any person affecting his interest adversely shall be made without giving him reasonable opportunity of being heard in respect of the action proposed to be taken in relation to him. (9) The State Election Commission may, if it thinks it necessary so to do for the purposes of a general or bye-election, direct a special revision of the electoral roll for any territorial constituency of a gram panchayat in such manner as it may think fit : Provided that subject to the other provisions of this Act, the electoral roll for the territorial constituency, as in force at the time of issue of any such direction, shall continue to be in force until the completion of the special revision so directed.";