- (1.) By these proceedings, the petitioners have sought to question the vires of the first proviso to sub-section (8) of Section 9 of the U.P. Panchayat Raj Act, 1947. The challenge is to the inclusion of the words "and before the completion of that election". The petitioners also seek relief for setting aside the supplementary voters' list whereby their names were deleted and have sought a mandamus to allow them to cast their votes for the ensuing elections of the Gram Panchayat Mukari, Village Madan Khera, Tehsil Dhanoura, District Amroha (J.P. Nagar).
(2.) Section 9 of the Act provides for the electoral roll for every territorial constituency of a gram panchayat being prepared under the superintendence, direction and control of the State Election Commission. The provisions of sub-section 9, inter alia, provide for the preparation, revision and correction of electoral rolls in such manner as may be prescribed. Sub-section (2) of Section 9 provides for the publication of the electoral roll in the prescribed manner. Under sub-section (3), a 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 a resident in the territorial constituency of a gram panchayat is entitled to be registered in the electoral roll for that territorial constituency. Sub-section (8) of Section 9 is in the following terms: "(8) Where the [Electoral Registration officer or Assistant Electoral Registration Officer] is satisfied after making such inquiry 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 get 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." Sub-section (8) empowers the Electoral Registration Officer to direct that any entry in the electoral roll should be corrected or deleted or that the name of any person entitled to get registered should be added in the electoral roll. Under the first proviso, it has been stipulated that no such correction, deletion or addition shall be made after the last date for making nomination for an election in the gram panchayat and before the completion of that election. The basis of the petition is that the expression "and before the completion of that election" would seem to indicate that a correction, deletion or addition can be made even after the last date prescribed for making nominations.
(3.) We see no substance in this submission. The first proviso has mandated that correction, deletion or addition shall not be made in the electoral roll after the last date for making nomination for an election to the gram panchayat. This provision in the first proviso when read together with the words "and before the completion of that election" would indicate that there are two points of time defining when the prohibition on the making of a correction, deletion or addition commences and when the prohibition comes to an end. The embargo commences upon the last date for making nominations for an election after which no correction, deletion or addition can be made. This embargo continues until the completion of the election. This is also the manner in which the State Election Commission which is represented in these proceedings construes the first proviso to sub-section (8) of Section 9.;