D.B. RAJU vs H.J. KANTHARAJ AND OTHERS

The Supreme Court held that under Section 5(9) and Section 40(1) of the Karnataka Zilla Parishads, Taluk Panchayat Samithis, Mandal Panchayats and Nyaya Panchayats Act, 1983, the inclusion of nominated members in the electoral roll must occur before the deadline for filing nomination papers. The Court affirmed the High Court's decision that the names of the 242 nominated members were not included in the electoral roll by the stipulated time, thus validating the High Court's order to set aside the appellant's election and direct a recount excluding those votes. The Court emphasized the importance of timely publication of the electoral roll as per the statutory requirements.