Finality of electoral rolls after nominations: post-nomination additions were invalid and votes cast by added electors were void.

The electoral roll for a constituency election attains finality on the last date for making nominations, and Section 23(3) of the Representation of People Act, 1950 bars any post-nomination amendment, transposition, deletion, or inclusion until the election is completed. On that basis, the electoral registration officer had no power to add fresh names after the nomination stage, and votes cast by those impermissibly added electors were void. Those void votes materially affected the election result under Section 100(1)(d)(iii) of the Representation of People Act, 1951, so the election challenge succeeded.

---

---

Issues: Whether the electoral registration officer could amend the electoral roll after the last date for making nominations and whether votes cast by persons added to the roll after that date were void so as to affect the result of the election.

Analysis: Section 23(3) of the Representation of People Act, 1950 imposes a mandatory bar on any amendment, transposition, deletion, or inclusion in the electoral roll after the last date for nominations and until completion of the election. The scheme of the Act shows that the electoral roll as it stood on that date is to be treated as final for the election, and the voting right under Section 62(1) of the Representation of People Act, 1951 must be read in that context. Since the officer had no power to add fresh names after the nomination stage, the votes cast by such added electors were void. Those void votes materially affected the result within Section 100(1)(d)(iii) of the Representation of People Act, 1951.

Conclusion: The post-nomination amendments to the electoral roll were invalid, the votes cast by the added electors were void, and the challenge to the election succeeded.

Ratio Decidendi: The electoral roll for the purpose of a constituency election attains finality on the last date for nominations, and any post-nomination inclusion, correction, or deletion is without power and renders votes cast pursuant to such impermissible additions liable to be treated as void.

---