that the operation of the Act is prospective or restropective would make no
difference. It is also permissible to amend a law which is basis of the decision
of a court with retrospective effect and rely upon the provisions of the
amended law in appeal against the above decision of the court. The court of
appeal in such an event gives full effect to the amended law even though such
amendment has been made after the decision of the original court. The one
field in which it is not permissible to make a law with retrospective effect is
contained is clause (1) of Article 20 according to which no person shall be
convicted of any offence except for violation of a law in force at the time of the
commission of the act charged as an offence nor be subjected to a penalty
greater than that which might have been inflicted under the law in force at
the time of the commission of the offence. Apart from the field in which there
is a constitutional prohibition for giving retrospective effect to a law power of
making amendment in law with restrospective effect has now become a part
of normal legislative process. Question then arises as to whether in spite of
the general competence of the legislature to make a law with retrospective
effect is the legislature rendered incompetent to make a law with
retrospective effect in election matters? The answer to this question in my
opinion should plainly be in the negative. Election laws are a part of the
normal legislative process and what is permitted in the matter of ordinary
legislation would also be permissible in the matter of legislation relating to
elections unless there be some provision in the Constitution which forbids
such a course. We have not been referred to any provision in the Constitution
which has the effect of creating a bar in the way of the legislature making a
law relating to elections with retrospective operation. If a party seeks to
carve out an exception to the normal rule, it can do so only on the basis of
some cogent ground. No such ground has been brought to our notice. The
matter indeed is not res integra because there have been two cases wherein
this Court has upheld the validity of the law making amendments in election
laws with restrospective effect.
228. The first such case was State of Orissa v. Bhupendra Kumar Bose.
AIR 1962 SC 945 (supra). It arose out of elections to the Cuttack Municipality
held in December 1957 to March 1958 as a result of which 27 appellants were
declared elected as Councillors. The respondent, who was defeated at the
elections filed a writ petition before the High Court challenging the elections.
The High Court held that the electoral rolls had not been prepared in
accordance with the provisions of the Orissa Municipalities Act, 1950, as the
age qualification had been published too late thereby curtailing the period of
claims and objections to the preliminary roll to 2 days from 21 days as
prescribed. The High Court consequently set aside the elections. The State
took the view that the judgement affected not merely the Cuttack
Municipality but other municipalities also. Accordingly, the Governor
promulgated an Ordinance validating the election to the Cuttack
Municipality and validating the electoral rolls prepared in respect of various
municipalities. The respondent thereupon filed a writ petition before the
High Court contending that the Ordinance was unconstitutional. The High
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