Constitution of India, 1950 Article 226 Writ Petition challenging holding of elections-Whether maintainable-Election Petition-Only remedy.

Article 329 (b) Electoral rolls Preparation and Publication of Whether part of 'election process'.

Representation of the People Act, 1951, ss. 100 and 21 (1) and Registration of Electors Rules 1960 Electoral rolls Preparation and Revision of Whether part of 'election process' - Challenge to election of a candidate on the ground of defective elector rolls Maintainability of.

General Election to the Assam Legislative Assembly was notified to be held in February 1983. The petitioners filed writ petitions in the High Court contending that elections should not be held in the State on the basis of defective electoral rolls prepared in 1979 and to defer holding of the elections on account of the prevailing disturbed situation in the State. An interim order for stay of the elections was also sought. The High Court did not grant interim stay of the elections though it entertained the writ petitions. The elections were held and the results were duly notified.

Writ petitions ware thereafter filed in the High Court challenging the holding of the elections on the basis of the defective electoral rolls and also questioning the validity of all the elections to the Legislative Assembly and an order was sought for dissolution of the House.

At the instance of the Election Commission the aforesaid cases were transferred to the Supreme Court. It was contended on behalf of the petitioners that the holding of the elections on the basis of the electoral rolls of 1979 was not valid because: (1) the electoral rolls were not revised before the elections as required by the provisions of s. 21 sub-s.2(a) of the Representation of the People Act, 1950; and (2) that the Election Commission had by a Press note dated Sept. 18, 1979 erroneously directed the electoral authority in charge of the revision of electoral rolls not to delete the name of any person on the ground of lack of qualification of citizenship. It was further contended that the ban of Article 329(b) does not stand in the way of maintainability of the writ petitions as the petitioners were challenging the impugned elections as a whole and not any individual election, and that the electoral rolls should be revised before the holding of elections as required by s. 21(2)(9) of the Act.