Jai Ram Chohan vs State of H.P. and Others

P.D. Desai, C. J.

The Petitioner�s principal grievance is that the electoral roll for the election to the Gram Sabha in question was not prepared in accordance with the requirement of Section 5, sub-section (3) of the Himachal Pradesh Panchayati Raj Act, 1968 (hereinafter referred to as "the Act"). The grievance can be ventilated and adjudicated upon in an election petition in view of the provisions of Section 180, sub-section (1), clause (d), Sub-clause (iii) of the Act. Under the circumstances, the writ petition, in so far as it concerns the said grievance, is rejected on the ground that an alternative efficacious remedy is available to the Petitioner.

The Court intends to clarify, however, that the rejection of the plea aforesaid on the ground abovementioned does not tantamount to holding that in no case the grievance that the electoral roll is not prepared in accordance with law will be entertained in the exercise of the writ jurisdiction. If the Court finds that the non-compliance with the concerned statutory provision is so vital as to affect the preparation of the electoral roll as a whole and to vitiate the entire election, or that it is of such a nature as to pollute or impinge upon the purity of the fountain of election, or that for some such or similar reason it is so outrageous as to shock the judicial conscience, the Court may interfere notwithstanding the alternative remedy. Be it stated, in this connection, that the preparation of the electoral roll being not a stage in the process of a particular election but a stage anterior thereto (See: Surendrasinhaji Jorawarasinhji Jhala Vs. U.M. Bhatta and Others, , the principal of election law that the election should not be held up and that the person aggrieved should not be permitted to ventilate his individual interest in derogation of the general interest of the people which requires that election should be gone through according to the time schedule is not attracted and that, therefore, there is otherwise no bar against the exercise of writ jurisdiction in such cases.

There is no substance in the challange to Rules 5 and 24 of the Himachal Pradesh Gram Panchayat (Election) Rules, 1978, (hereinafter referred to as "the Rules"). Those rules have to be read along with Section 5, sub-section (3) of the Act as well as Rules 5 and 6 of the Himachal Pradesh Gram Panchayat Rules, 1971. These provisions when read together lay down a complete and comprehensive procedure. It is difficult to appreciate the submission that finality attaches to the electoral rolls since no intermediate appeal or representation is provided. The finality so attached is only ad hoc, since, if there is an election petition, the question as to whether or not the electoral roll was prepared in accordance with law can be adjudicated upon by the Tribunal constituted for the purpose, by virtue of Section 180, sub-section (1), clause (d), Sub-clause (iii) of the Act. Merely because no right of an intermediate appeal or representation is provided, the relevant provisions of law cannot be regarded as unreasonable. It should not be overlooked that the right to vote is a creature of the statute; it is not a fundamental right.

For the foregoing reasons, the writ petition is summarily rejected.