M A I N   N E W S

Delay in rolls can’t invalidate poll, rules SC
Our Legal Correspondent

New Delhi, October 7
In an important ruling, the Supreme Court has held that the election of a candidate cannot be held invalid for merely the non-publication of electoral rolls within the time limit specified for filing nomination papers.

“If a statute specifies a time limit for the publication of electoral rolls, the same by itself cannot be held to be mandatory. Such a provision will be directory in nature,” a Bench, comprising Chief Justice V.N. Khare, Mr Justice Brijesh Kumar and Mr Justice S.B. Sinha, said while rejecting an election petition which had raised this as a ground to challenge the victory of a rival candidate in the 2001 Assembly poll in Kerala.

Defeated candidate P.T. Rajan had challenged the election of T.P.M. Sahir on the ground that the final electoral roll was published on April 23, 2001 at about 8 p.m. while the time for filing of nominations for the assembly elections had expired at 3 p.m. that day.

Mr Sahir was elected by a slender margin of 787 votes while names of over 19,000 voters were included in the electoral roll after the expiry of the time limit for filing papers, the petitioner had contended. The Kerala High Court had also dismissed the election petition.

Upholding the high court order, the apex court said on the basis of the direction issued by the competent authority in relation to an application filed for the inclusion of the name of a voter in the list, a nomination would not be affected.

“The person concerned will not be inconvenienced or in any way be prejudiced only because the revised electoral roll in form 16 is published a few hours later. The result of the filing of such nomination in any way will become known to the parties concerned after the expiry of the time limit,” the court said.