MANGALAPURU SUBRAHMANYAM Vs. DISTRICT COLLECTOR PANCHAYATS WING NELLORE

JUDGEMENT

(1.) The petitioner are residents of Vendodu Villae, Gudur Taluk, Nellore District. They have filed this petition praying for the issue of an appropriate writ declaring the election of the third respondent as Sarpanch of Vendodu Gram Panchayat as illegal and void and to set aside the same and further to direct Respondents 1 and 2, namely the District Collector (Panchayat Wing) Nellore and the Electoral Registration Officer and Tahsildar, Gudur to include the names of the petitioners in the final electoral roll for the Vendodu Gram Panchayat, 1980 and hold elections afresh.

(2.) The case of the petitioners is that the draft electoral roll was published some time before the election. In the draft roll, the names of the petitioner were included. Subsequently, when the final electoral roll was published, the names of all the petitioners were no found in the electoral roll. Certain other defects in the electoral roll are also mentioned in the affidavit filed in support of the writ petition, but it is not necessary to set out in detail those defects. The first petitioner and fourteen other petitioners submitted a petition to the second respondent by registered post-acknowledgement due dated 21.4.91 bringing to his notice the fact that the names of 41 persons were not included in the final electoral roll and other defects and requested him to include their names in the electoral roll. This appears to have been revived by the second respondent on 22-4-1981 as evidenced by the endorsement in the acknowledgement. The second respondent did not reply to the representation, not did he rectify the mistake with the result that the petitioners were prevented from exercising their franchise. The petitioners say that they are supporters of one Subba Reddy who was the other contestant for the post of Sarpanch. The third respondent was however declared elected with a majority of 27 votes. The case of he petitioners is that if their names appeared in the electoral roll and if they had participated in the election they would have voted for Subba Reddy and Subba Reddy would have been elected with a majority of 11 votes. The petitioners therefore pray that the election of the third respondent be declared as null and void and that Respondents 1 and 2 should be directed to include the names of the petitioners in the final voters list and hold the election of the Sarpanch afresh.

(3.) In the counter-affidavit filed by the third respondent, it is stated that the final list of voters was published as early as on 30-12-1980. Under R.27 of the Andhra Pradesh Gram Panchayats (Registration of Electors) Rules made under the Andhra Pradesh Gram Panchayats Act, every person ;whose name is not included in the electoral roll of the Panchayat is entitled to apply ;to the Electoral Registration Officer to include his name in that roll. Such application should be made in the prescribed form, with the prescribed free. No such application was made by the petitioners. Even the representation said to have been made was made only by fourteen petitioners. the other petitioners did not make any representation. In the result, the final electoral roll cannot be questioned in this writ petition. No counter-affidavit has been filed on behalf of the first and second respondents. The learned Government pleader says that the draft counter-affidavit has been sent, but has not been received duly signed. He has, however, produced the records.