Mahajan, J.:— This is a petition under Article 226 of the Constitution praving that the municipal elections held in Zira, District Ferozepur, be quashed on the ground that they were not held on the basis of the electoral roll prepared in accordance with the rules 8A to 8K of the Punjab Municipal Election Rules.

2. It was decided by the State Government to hold municipal elections throughout Punjab on the 17th of October, 1959, and instructions were issued to the Deputy Commissioners to prepare the electoral rolls. On the 6th of August, 1959, the Deputy Commissioner, Ferozepur, directed the Municipal Committee, Zira, to prepare the electoral roll before the 21st of August, 1959. It was to be pre-published on the 21st of August, 1959, and objections were to be entertained from that date to the 25th of August, 1959. However, on the 8th of August, 1959, State Government issued draft of amendment to the election rules inviting objections under section 240 of the Punjab Municipal Act (No. III of 1911) and the amended rules were published on the 13th of August, 1959. To rule 8, a proviso was added, which is in these terms:—

“Provided that the State Government may direct that the electoral roll for the Assembly shall not be used in any election and that fresh roll shall be prepared in the manner specified in rules 8A to 8K”

It may be mentioned that the direction issued by the Deputy Commissioner on the 6th of August, 1959, for preparation of electoral rolls was on the basis of the electoral rolls for the Assembly. The direction contemplated by the proviso was issued by the Secretary to Punjab Government, Local Bodies Department, on the 19th August, 1959, to the Director of Elections, Local Bodies, that the Government had decided that fresh electoral rolls for municipal committees be prepared in accordance with rules 8A to 8K of the amended rules, and that the Assembly voters lists may no more be used for the municipal elections. This letter was forwarded by the Director of Elections to the authorities concerned with the preparation of the electoral rolls on the 19th of August, 1959 and was received by the Deputy Commissioner, Ferozepore, on the 20th of August, 1959.

3. In the present case, it is alleged that it was physically impossible to prepare the electoral rolls according to the amended rules 8A to 8K and that the fresh electoral rolls as required by the rules were not prepared, and the election has been held according to the previously prepared rolls, which were prepared according to the old rules. On this basis, the election which has already been held is sought to be quashed.

4. Before dealing with the instant case, I may mention that a similar matter came up for decision before Dulat and Dua, JJ. with regard to the municipal ejection of Rupar municipal committee and other four municipal committees in Lajpat Rai v. Khilari Ram . 1960 62 P.L.R 377. and while dealing with the matter, it was observed as under:—

“This being the position rules 8A to 8K must, in my opinion, be held to be mandatory and the electoral roll must be prepared and maintained in accordance therewith. The importance of the preparation of electoral roll to elections in our system of democracy cannot be overemphasized as stated by Bhagwati J. in Radhey Sham Dani's case it is of the essence of these elections that proper electoral rolls should be maintained and elections held on imperfect rolls can acquire no validity.

Coming to the rules it is noteworthy that no precise method has been prescribed in them for preparing the roll which if to be published under rule 8E. The method has been left to the sound discretion of the administrative authorities entrusted with the task. But the roll must, in my opinion, be so prepared under the rules as to effectuate their true purpose and object, and the citizens entitled to vote are afforded fullest opportunity to exercise their right of selecting their representatives for the purpose of local Government administration. It however does not mean that every defect or irregularity caused by the negligence or inefficiency or breach of rules by the authorities entrusted with the preparation of roll must necessarily invalidate them and expose to challenge the election held on the basis of such roll nor does the validity of the roll depend on strict observance of minute directions of the statute. At the same time, I would be disinclined to lay down as a positive general rule that the exercise of discretion in the matter before us is solely accordion to the dictates of the administrator who may be considered to be the final arbiter, wholly immune from examination or scrutiny by this Court; the administrator has to be guided by the object and purpose of the statute, which, strictly speaking, circumscribes his discretion. In my view, therefore, the Court should in each case examine the nature and extent of the breach, the circumstances in which it has been committed and then determine whether the roll in question is so imperfect and improper as to invalidate the election held on its basis.”

5. Therefore, the matter resolves itself to this as to whether the rolls on the basis of which election to Zira Municipal Committee has teen held were prepared according to the amended rules 8A to 8K. It cannot be doubted that the previous instructions were to prepare rolls on the basis of the Assembly electoral rolls. These instructions were modified to this extent that the rolls should be prepared wardwise. As a matter of fact, the proviso to rule 8 indicates that elections were to be held according to the rolls prepared on the basis of Assembly electoral rolls wardwise unless the State Government otherwise directed. The direction to the contrary was issued on the 19th of August, 1959, and was received by the Deputy Commissioner, Ferozepur, on the 20th of August, 1959. It is admitted by the Deputy Commissioner in his written statement that the electoral rolls were printed earlier than the 20th. (See paragraph 7 of the written statement). It is asserted in paragraph 5 of the written statement that these rolls were prepared according to rule 8A to 8K. This assertion is false for the simple reason that the direction issued was to prepare electoral rolls wardwise according to the Assembly electoral rolls and that direction was modified on the 19th of August, 1959, and the intimation to that effect was received by the Deputy Commissioner on the 20th. It is not stated in the affidavit that after the receipt of the instructions to the contrary, steps were taken to bring the electoral rolls already printed in accord with the rules 8A to 8K before their pre-publication.

6. The rolls having been prepared and printed according to the previous instructions before the 20th of August, 1959, I am constrained to observe that the head of the district should have subscribed to such an affidavit which goes wholly against the record produced by the counsel for the State for the inspection of this Court and made a false statement in his anxiety to see that the election is not set aside. It would have been proper for the Deputy Commissioner to candidly admit that it was not physically possible to comply with the rules at such a short notice for want of staff as was done by the Deputy Commissioner, Ambala, in the Rupar Municipal Committee's case.

7. At this stage, I may also advert to the decision of Bishan Narain and Dua, JJ. in Amir Chand v. Dhan Raj . 1960 62 P.L.R 679. decided on the ??? of March, 1960 wherein it was observed as under:—

“The resume of the admitted facts given above leaves no doubt in my mind that the electoral rolls on the basis of which the municipal elections were held on 17th of October, 1959, had not been prepared in accordance with the amended rules 8A to 8K of the Punjab Municipal Election Rules, ???, which came into force on 14th of August, 1959. The rolls do not even purport to have been prepared in pursuance of, or even, under these rules.

Rule 8A contains an imperative mandate to the Deputy Commissioner concerned to cause to be prepared, under the superintendence of the Director of Elections (Local Bodies), a roll for each constituency of the municipality concerned, in accordance with the amended rules 8A to 8K, in pursuance of the directions issued by the State Government under the proviso to rule 8. In the instant case the State Government issued such directions only on 19th of August, 1959, and admittedly the electoral rolls have not been prepared, in pursuance of or in obedience to these directions, and, therefore, not in accordance with rules 8A to 8K. The authorities responsible for preparing the rolls do not seem to have even adverted to the question of the qualifying date as defined in the Explanation to rule 8D. This ‘qualifying date’ must, from the very nature of things, be the date when preparation of the rolls commences in the manner provided by the amended rules after the directions under the proviso to rule 8 have been issued. Electoral rolls prepared without reference to the ‘qualifying date’ can thus scarcely be considered to have been lawfully prepared in accordance with the amended rules, and the preliminary publication can, therefore, by no means be construed to have been done as contemplated by rule 8E. I cannot help emphasising that amended rules 8A to 8E are in no way less essential or less deserving of compliance than rules 8F to 8K and electoral rolls prepared in deliberate and conscious non-compliance with rules 8A to 8E can on no logical ground or sound principle be considered to have been prepared in the manner specified in the amended rules. The inclusion of a citizen's name in the fresh electoral roll being an essential prerequisite of his right to vote and also to seek election, the importance of complying with all the provisions of the amended rules cannot be overemphasised or exaggerated; and in view of the paramount importance given to the process of election in our system of democracy the rules in question do, in my opinion, call for strict complicance.”

These observations fully apply to the facts of the present case.

8. In this case, there being no compliance at all with the provisions of rules 8A to 8K as required by the letter dated the 19th of August, 1959, the rolls on the basis of which election has been held cannot but be held to be invalid. For the reasons recorded in Lajpat Rai's case, I allow this petition and declare that the impugned electoral roll is not valid having not been prepared in conformity with rules 8A to 8K of the Municipal Election Rules, 1952, and the election held on its basis is also invalid and is therefore quashed.

9. In view of the false affidavit, the petitioners will be entitled to costs, which are assessed at Rs. 100/-.

Petition allowed.