S. D. Agarwala, J. - (1.) THE petitioner in this petition is a resident of 33, Tagore Town, Allahabad. This area falls in Ward No. 34 in the Nagar Mahapalika, Allahabad. Today, the 13th of July, 1989, is the last date for filing nomination for elections of the Members of the Corporation of Allahabad. On 12th July, 1989, he made an application to the Electoral Registration Officer for including his name in the Electoral Roll of Ward No. 34, as his name was not found in the Electoral Roll. This application was made with a view to file the nomination paper in order to enable him to contest for the Membership of the Corporation.
(2.) THE grievance of the petitioner is that the Electoral Registration Officer has acted arbitrarily in not accepting his application for adding his name in the Electoral Roll and. as such, a Mandamus is being sought directing the Electoral Registration Officer to accept the application of the petitioner for inclusion of his name in the Roll and also to accept the nomination of the petitioner for election for Membership of the Corporation. Section 39 of the U. P. Nagar Mahapalika Adhiniyam, 1959 (hereinafter referred to as the Adhiniyam) provides the manner in which the preparation and publication of Electoral Rolls shall be made by the Electoral Registration Officer. Sub-clause (1) of section 39 of the Adhiniyam lays down that the Electoral Registration Officer shall prepare and publish the Electoral Roll in the manner prescribed, and upon its publication, it shall, subject to any alteration, addition or modification made under or in accordance with this Act, be the Electoral Roll for the ward prepared, in accordance with the Adhiniyam. Sub-clause (2), which relates to the correction or deletion of a name in the Electoral Roll, is relevant for the purposes of this petition and it is quoted below : "39 (2). Where the Nirvachak Registrikaran Adhikari is satisfied, after making such inquiry as he may think fit, whether on an application made to him or on his 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, he shall subject to the provisions of this Act and rules and orders made thereunder and such general or special directions, if any, as may be given in this behalf by the Nirvachan Sanchalak (Sthaniya Nikaya), delete or correct or add the entry as the case may be : Provided that no such deletion, correction or addition shall be made after the last date for making nomination for an election in the ward and before the completion of that election : Provided further that no deletion or correction affecting the interest of any person 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-clause (3) of this section provides that an appeal shall lie to the District Magistrate against any order of the Electoral Registration Officer in regard to inclusion, deletion or correction of a name in the Electoral Roll.
(3.) SECTION 41 of the Adhiniyam authorises the State Government to pass an order making provision in respect of the manner of the preparation of the Electoral Rolls. In exercise of the powers conferred under section 41, the State Government has passed an order, known as The U. P. Nagar Mahapalika Registration of Electors Order, 1978 (hereinafter referred to as the Order). Para 9 of this Order provides that as soon as the Roll for a ward is ready, the Electoral Registration Officer shall publish it in draft by making a copy thereof available for inspection and displaying a notice in Form 1 at the office of the Nagar Mahapalika. It further provides that the Electoral Registration Officer shall, by beat of drum or by amplifier or by any other convenient mode, give publicity in the ward to the fact that the Roll has been published and copy thereof can be inspected free of charge at the office of the Nagar Mahapalika during office hours. Para 10 entitles any person to apply for inclusion of his name in the Roll of a ward. Under Para 11, objections can be filed against the Roll. Para 12, which provides the period for making an application under Paras 10 and 11 of the Order is quoted below :- "12. Every application referred to in Paragraph 10 or in Paragraph 11 shall be made within a period of 15 days from the date of publication of the Roll in draft under Paragraph 9 or within such shorter period as may be fixed by the Sanchalak in this behalf of the notice in Form I ; Provided that the Sanchalak may extend the period wherever he deems necessary so to do." The Order further provides the procedure of notice etc. and the manner in which the enquiry into claims and objections have to be made by the Electoral Registration Officer. Thereafter, Para 21 lays down that there shall be a final publication of the Rolls.;