LAWS(KAR)-2016-1-20

S. SAMEEULLA Vs. THE TAHASILDAR, HOSPET AND ORS.

Decided On January 08, 2016
S. Sameeulla Appellant
V/S
The Tahasildar, Hospet And Ors. Respondents

JUDGEMENT

(1.) The petitioner filed the above writ petition seeking for writ of certiorari to quash the impugned order dated 13.11.2015, passed by the 1st respondent and the impugned endorsement dated 18.12.2015 issued by the 2nd respondent, and also for writ of mandamus directing the 1st respondent to allow Form Nos. 6 and 7 and make necessary correction by adding the name of petitioner in Venkatapur Part (Division) 156 by deleting his name from Kamalapur village Part (Division) 123, in the interest of justice.

(2.) It is the case of the petitioner that, he is the permanent resident of Venkatapur Camp in Part (Division) 156 situated in Hospet Taluk, Ballari District. In view of the notification issued by the Election Commission for holding elections of Zilla Panchayat and Taluk Panchayat throughout the State, the revision of voter list being carried out by the 1st respondent under the provisions of Karnataka Panchayat Raj (Conduct of Election) Rules, 1993. The Tahasildar is the Competent Authority to amend or delete any entry in the electoral -roll of the Zilla Panchayat Constituency.

(3.) In view of the same, the petitioner filed Form No. 6 under the Registration of Electors Rules, 1960 (hereinafter referred to as 'the Rules, 1960', for short), for insertion of his name in Venkatapur village at part (Division) 156 and also for deletion of his name from the electoral -roll of Kamalapur while filing Form No. 7 before the 1st respondent. It is also contended by the petitioner that, nobody filed any objections to the said applications. The petitioner filed supporting documents to prove that he is the permanent resident of Venkatapur village and not residing at Kamalapur village. The Tahasildar, in stead of allowing Form Nos. 6 and 7, proceeded to direct the Revenue Inspector to hold enquiry and to submit the report; based on the report of the Revenue Inspector, the 1st respondent has proceeded to pass the impugned order at Annexure -A, rejecting the petitioner's applications in Form No. 6 and 7.