CHIEF COMMISSIONER, AJMER versus RADHEY SHYAM DANI.

Citation: [1957] 1 S.C.R. 68 · Decided: 13-11-1956 · Supreme Court of India · Bench: SUDHI RANJAN DAS · Disposal: Dismissed

Judgment (excerpt)

19;6 
N.-15. 
68 
SUPREME COURT REPORTS 
[19571 
CHIEF COMMISSIONER, AJMER 
v. 
RADHEY SHYAM DANI. 
(S. R. DAS C.J., 
BHAGWATI, 
VENKATARAMA 
AYYAJ!., 
B. P. SINHA and S. K. DAs JJ.) 
Municipal Election-Electorar roll-Election 
Rules-No provi-
sion for revision of electoral roll and for adjudi'cation of claims-
Validity 
of 
the 
electoral 
roll-Ajmer-Merwara 
Municipalities 
Regulation, 1925 (VI of 1925), ss. 30 (2), 43-Apner State Munici-
palities Election Rules,.1955, r. 7. 
Sub-section (2) of s. 30 of the Ajmcr-Merwara 
Municipalities 
Regulation, 1925, as amended, provided that "every person who 
would be entitled under the Representation of the People Act, 1950 
(XLIII of 1950) to be registered in the electoral roll for a parlia-
mentary Constituency if that Constituency had been co-ext:cnsivc· 
with the Municipality, and whose name is registered in the electoral 
roll for the 
Parliamentary 
Constituency 
comprising the Munici· 
pality, shall 
be entitled to be 
enrolled as an elector 
of 
the 
Municipality"; and s. 43 enabled the _Chief Commissioner to make 
rules consistent with the 
Regulation 
for the preparation 
and 
revision of electoral rolls and the adjudication of claims to be 
enrolled and objections to enrolment. 
In exercise of this power the appellant framed 
Rules which, 
inter alia, provided that the electoral roll for the particular Munici-
pality shall be the same as the final printed roll for the Parlia-
mentary 
Constituency 
representing 
the 
area 
covered 
by 
the 
Municipality. 
He 
notified 
an 
election 
programme 
and 
also 
authenticated and published an electoral roll on August 8, 19'i5. 
The respondent whose father's name was recited wrongly in the 
electoral roll applied for rectification of the mistake in the Parlia... 
mentary Electoral Roll, on August 10, 1955, but it was rejected on 
the ground that the roll of the Municipal elections had been finally 
published on August 8, 1955, and therefore no correction -could be 
made. 
The respondent challenged the validity of the notification 
and the electoral roll. 
Held, that under s. 30 (2) of the Ajmer-Merwara Municipalities 
Regulation, 1925, the 
electoral roll 
for the Parliamentary cons-
!jtucncy was• only treated as the basis for the electoral roll of the 
Municipality and that the rules in so far as they made no provision 
for the revision of the electoral roll, fQr the adjudication of claims 
to be included therein or for entertaining 
objections 
to 
such 
inclusion, were defective and,. therefore, the 
electoral roll of the 
Ajmer Municipality which was authenticated and published by the 
appellant on August 8, 1955, was not in conformity with the 
provisions of " 30 (2) and the relevant provisions of the Rcgulatioo 
-
/ 
S.C.R. 
SUPREME COURT REPORTS 
(f) 
and could not form the basis of any valid dections to be held to 
the Ajmer Municipal Committee. 
C1V1L 
APPELLATE 
JurusmCTioN: 
Civil 
Appeal 
No. 181 of 1956. 
Appeal by special leave from the judgment and order 
dated September 5, 1955, of the Judicial Commissioner's 
Court, Ajmer, in Civil Writ Petition No. 1-08 of 1955. 
M. M. Kaul and R. H. Dhebar, for the appellants. 
The respondent did not appear. 
1956. November 15. 
The Judgment of the Court 
was delivered by 
BHAGWATI J.-This is an appeal with special leave 
from the judgment of the Judicial Commissioner, Ajmer, 
restraining the District Magistrate, Ajmer, from holding 
the elections imd poll to the Ajmer Municipal Com-
mittee on September 9, 1955. 
The respondent claimed to be a voter of the Ajmcr 
Municipality. 
By an order dated _March 12, 1953, the 
Ajmer Municipal Committee had been suspended and 
that suspension was to continue till September 11, 1955. 
In view of the impending elections after the pericxl. of 
suspension was over, the Chief Commissioner, Ajmer, 
the appellant before 
us, 
framed 
the Ajmer Stat:c 
Municipalities Election Rules, 1955, in exercise of the 
powers conferred by 
s. 
43 of the Ajmer-Mcrwara 
Municipalities Regulation, 1925 (VI of 1925) and pub-
lished 
them 
in 
the 
Government 
Gazette 
dated 
August 4, 1955. On August 8, 1955, he notified an 
election programme and also authenticated and pub-
lished an electoral roll. This electoral roll had been 
corrected and altered by the orders of the Sub.Divisional 
Officer on certain days prior to August 8, 1955, but the 
respondent's name was alleged to have been incorrectly 
described therein, his father's name having been men-

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