JAGAT NARAYAN, J. - (1.) THIS is a petition under Art. 226 of the Constitution by one Gyanaram against an order of Munsif, Deedwana, setting aside his election to the office of Sarpanch of Lachdi Panchayat. It has been contested by Ram Singh.
(2.) GYANARAM and Ram Singh were the two candidates at the election. According to the counting made by the Returning Officer, GYANARAM polled 20 votes more than Ram Singh and was declared as duly elected. Ram Singh filed an election petition challenging his election. This petition has been allowed by the Munsif, Deedwana, on the finding that 25 persons who were not residents of Lachdi Panchayat Circle were enrolled as voters in the electoral roll of Lachdi Panchayat and 23 out of them voted at the election as a result of which the election was materially affected. The main contention on behalf of the petitioner is that the Tribunal had no jurisdiction to go behind the electoral roll. Reliance was placed on the decision of their Lordships of the Supreme Court in B. M. Ramaswamy vs. B. M. Krishna Murthy (1 ). Having heard the learned counsel for the parties, I am of the opinion that the Supreme Court decision is applicable to the present case as the relevant provisions of the Rajasthan Act and the Rajasthan Panchayat & Nyaya Panchayat Election Rules are similar to the corresponding provisions of the Mysore village Panchayats and Local Boards Act. Sec. 10 of the Rajasthan Panchayat Act runs as follows: - "electors electoral rolls and right to vote.- (1) For each of the wards into which a Panchayat circle is divided under sec. 5, there shall be prepared and maintained in the prescribed manner by or under the supervision of Collector or of such subordinate Gazetted Officer of the State Government as the Collector may authorise in this behalf a list of the voters thereof. (1-A) Every person who is qualified to be registered in the Rajasthan Legislative Assembly electoral roll relatable to the area comprised in the Panchayat Circle or a ward thereof or whose name is entered in such roll shall be entitled to be registered in the list of of voters of such panchayat circle or ward, as the case may be. Provided that no such person shall be entitled to be so registered more than once or in more man one ward of the same panchayat circle. (2) Such list shall subject to the provisions of sub-sec. (1-A) and further subject to any rules made in this behalf conform to the latest electoral roll of the Rajasthan Legislative Assembly relatable to the area comprised in such ward, prepared under and in accordance with the provisions of the Representation of the Peoples Act, 1950 (Central Act 43 of 1950 ). (3) Every person whose name appears for the time being in the list of voters for a ward shall, unless he is disqualified to do so under any law, for the time being in force, be entitled to vote at an election in that ward. (4) Every such person shall be entitled to cast as many votes as there are panchas to be elected from that ward and no person shall be entitled to vote in more than one ward or to cast more than one vote in favour of the same person. " R. 6 of the Rajasthan Panchayat & Nyaya Panchayat Election Rules, 1960 lay down that the list of voters for each ward shall be prepared in accordance with the provisions of sec. 10, R. 7 provides for the publication of these lists. R. 8 enables any person whose name is not entered in the voters list or is entered in an incorrect place or with incorrect particulars or any person whose name is entered in the list and who objects to the inclusion of his own name or of any person in that list to prefer claim or objection. R. 9 provides for the disposal of claims and objections and sub-rule (4) lays down that the voters list as amended as a result of disposal of claims and objections shall be final. Sub-sec. (3) of sec. 10 lays down that every person whose names appears for the time being in the list of voters for a ward shall be entitled to vote at an election in that ward unless he is disqualified to do so under any law for the time being in force. There is no express provision in the Act or the Rules laying down that a person not residing within the Panchayat Circle is disqualified from voting. It is thus clear that if the name of any person is wrongly entered in the electoral roll which has become final under R. 9 he is entitled to vote at the election and the Election Tribunal cannot discard his vote as being void. I accordingly hold that the Election Tribunal erred in going behind the electoral roll. I therefore allow the writ petition and set aside the order of the Tribunal. The result is that Gyanaram petitioner continues to be the duly elected Sarpanch of Lachdi Panchayat. In the circumstances of the case, I leave the parties to bear their own costs of this writ petition. .;