BAIDYANATH PANJIAR vs SITARAM MAHTO & ORS.

The Supreme Court held that Section 23(3) of the Representation of the People Act, 1950 is mandatory, prohibiting the inclusion of names in the electoral roll after the last date for filing nominations. The Court found that the electoral registration officer lacked the power to amend the electoral rolls post the nomination deadline, leading to the invalidation of votes cast by voters whose names were improperly included. Consequently, the Court upheld the High Court's decision to declare the second respondent elected, as he secured more valid votes than the appellant.