Adhikari Rama Chandra Das vs Bhramarbar Naik And Ors. on 23 August, 1973
6. Though in Section 4 (1) of the Act there is no provision as indicated in Section 12 (1) of the Bombay Act from the phrase 'for the time being in force it has to follow that the Assembly electoral roll as it stands on the appointed date for the purpose of the Gram Panchayat elections is to be taken into consideration. We agree with the reasonings indicated in the several decisions of the Patna High Court which we have referred to above that unless that interpretation is accepted, confusion would enter into the elections. Under the Representation of the People Act and the Rules made thereunder the electoral roll is available to be revised until the date of nomination. The entire scheme under Central Act 43 of 1950 and the Rules made thereunder has not been embodied in the Orissa Act and the Rules. For convenience the electoral roll prepared under the Central Act as it stands on a particular date has been taken as the basis and the principle has been accepted that one whose name is not there in the Assembly electoral roll for the time being in force would not be permitted to participate in the election. That is why Rule 9 of the Rules clearly indicates that objections which are open to be taken are limited to bringing the name in the roll in conformity with the corresponding entry in the relative electoral roll of the Assembly Constituency. Alterations and modifications made to the Assembly electoral roll for the time being in force after the appointed date are not relevant for the Gram Panchayat elections. Rule 6 of the Rules is a general provision and is not material for the present purpose. Under Rule 13 the State Government is to notify the election programme. Rule 4 is referable to Section 4 (1) and Section 9 of the Act. The first part is in terms of Section 4 (1). The second part refers to Section 9. Section 9 deals with the electoral roll of wards. Section 10 (1) (b) deals with election of ward members. The electoral roll referred to in Section 10 (1) (b) is the electoral roll provided for in Section 9 of the Act. Election for the Sarpanch under Section 10 (1) (a) is on the basis of the electoral roll referred to in Section 4 (1) of the Act, but it is that electoral roll which is in force at the time when election was notified to be held under the Act.