GOVT OF A P Vs. GOLE VIVEKANANDA

JUDGEMENT

(1.) These appeals arise out of a judgment dated 31st July, 2001 passed by a learned single Judge of this Court in WP Nos. 12768 and 12909 of 2001 whereby and whereunder, following its earlier judgment dated 31-7-2001 in WP No.14245 of 2001. the learned Judge directed the appellants herein to complete conduct of elections within a period of 90 days from the date of judgment.

(2.) The judgment of the learned single Judge in the aforementioned writ petition viz., WP No.14245 of 2001 came up for consideration before this Bench in WA 1248 of 2001. By a judgment dated 20th August 2001, the Bench, while upholding a part of the judgment passed by the learned single Judge, modified the direction as regards the time fixed for holding of election stating: "The schedule of time required commences from 23-7-2001 and even according to the schedule, by 6-8-2001 the division of MPHS data Assembly- constituency-wise is completed. As noticed in the beginning of the judgment, the learned Additional Advocate-General submits that the Government requires 120 days for identifying BC voters from MPHS data and marking them in the Assembly electoral rolls, calling for objections and validating the BC voters in the electoral rolls after verification. This period of 120 days includes the period of training to be imparted to verification officers for a period of 10 days and marking BC voters in the electoral rolls as well as time required for making sufficient copies of the electoral rolls is 10 days. To our mind, this is too long a time for these two stages. The entire process of validating the marking of BC voters electoral rolls can be completed within a period of 80 days. Thereafter, even the preparation and publication of final electoral rolls and publication of notification of reservations can be completed within a period of 40 days. After publication of gazette notification specifying reservation of seats (wards) in Municipal Corporation of Hyderabad, the State Election commission can complete the election process within a period of 60 days. In the result, for the aforementioned reasons, we dispose of this writ appeal by modifying the order of the learned single Judge directing the Government to complete the process of identification of BC voters, preparation and publication of final electoral rolls with BC voters and specifying by gazette notification reservation of seats/wards in Municipal Corporation of Hyderabad for backward classes and all connected requirements within a period of 120 days from today (as the process started on 23-7-2001) and in any event not later than 10-12-2001."

(3.) The learned Advodajte-General, appearing on behalf of the appellants and Mr. Prabhakar appearing on behalf of the State Election Commission submitted in the present appeals that their clients are unable to hold election as directed by the learned single Judge in the impugned order dated 31st July, 2001 keeping in view the aforementioned time frame of 90 days from the date of the order.