T N RAMACHANDRA REDDY Vs. TAHSILDAR MADANAPALLI ELECTORAL REGISTRATION OFFICER MADANAPALLI PANCHAYAT SAMITHI CHITTOOR DISTRICT

JUDGEMENT

(1.) This is a writ petition filed to quash the order passed by the Tahsildar, Madanapalle who is also Electoral Registration Officer, Madanapalle Panchayat Samithi,Chittoor District in L. Dis. 6908/81 dated 25-12-1981 and direct the Tahsildar and the District Collector, Chittoor District to revise the voters' list of Gram Panchayats in Madanapalle Panchayat Samithi and then alone hold the bye-election for electing the President of Madanapalle Panchayat Samithi.

(2.) The death of the President of Madanapalle Panchayat Samithi in November 1981 had caused the casual vacancy in the Panchayat Samithi, Madanapalle. The Commissioner Panchayat Raj who is an Election Authority by his notification dated 3-1-1982 had notified that the election to the office of the President of the Madanapalle Panchayat Samithi would be held on 14-2-1982. The petitioner in writ petition 231/82 who was desirous of contesting to that office had made an application to the Tahsildar, Madanapalle on 8.12.1981 to be registered as a voter of Reddivaripalli Gram Panchayat which is within the area of Madanepalle Panchayat Samithi. That application made by the writ petitioner in form No. 3 and under S. 14 and rule 27 of A.P.Gram Panchayat (Registration of electoral rolls) had been rejected by the Tahsildar by his order dated 25.12.1981. It is against that order of rejection made by the Tahsildar writ petition No. 231/82 had been filed.

(3.) It may be mentioned that by a recent amendment made to the A.P.Panchayat Samithis and Zilla Parishads Act 1959 the State Government had taken a commendable step of enfranchising eighteen year old persons as eligible to vote in Panchayat Samithi elections. By means of a similar amendment to law the hitherto existing method of indirect election being adopted for the purpose of electing the President of the Panchayat Samithi had been replaced by direct method of electing the President. This equally commendable step had been taken by the State Legislature by an amendment to Section 5 of A. P. Panchayat Samithis and Zilla Parishads Act, 1959 (Act 1959) Section 5 as amended provides that the President of the Panchayat Samithi shall be elected by persons who are registered voters in the Block. Now the word "registered voter" as defined by Act 1959 means persons whose names appear in the electoral roll prepared and published under S. 14-C of A P Gram Panchayats Act 1964 (hereinafter called Act, 1964) for any Gram Panchayat in the Block. It therefore becomes necessary for any person who proposes to contest the vacant post of Panchayat Samithi President to be a registered voter. Therefore, the petitioner made an application to be registered as a voter in Reddivaripalli Gram Panchayat which is within the jurisdiction of Madanapalle Panchayat Samithi. That application of the petitioner, as said above, had been rejected by the Tahsildar who is the electoral officer on the ground that G. 0. 767 dated 11-12-81 published in the Gazette of 14.12.81 would debar the inclusion of the petitioner's name in the electoral roll of Reddivaripalli Gram Panchayat finally published in December, 1980. The Gram Panchayat Act provided in Section 14 B conditions for registration of a person as a voter and section 14 C provides for the preparation, revision and publication of electoral rolls for gram panchayat. The A P Gram Panchayat (Registration of Electors) Rules and more particularly rules 24, 26 and 27 provide for final publication of the rolls, annual revision of the rolls and correction of entries and inclusionof names in the electoral rolls etc., In W P. 231/82 we are concerned not with any revision of the electoral rolls undertaken by the electoral authorities. We are concerned with inclusion of a name in the electoral roll which was already published in December, 1981. The relevant rule which deals with this situation is rule 27. That rule says that any person whose name is not included in the electoral roll of a gram panchayat or any person who considers any entry in the electoral roll erroneous or defective in any particular may apply to the electoral registration officer for the inclusion of his name in that roll or for making necessary correction. On receipt of such an application the Registration Officer will consider the application and hear objections if any and if he is satisfied that the applicant is entitled to be registered in the electoral roll, direct his name to be included in the electoral roll which is already published. But rule 27 clause (7) puts a ban on this power of the registration officer to issue a direction for the inclusion of a new name in an electoral roll already published. It says that no amendment, transposition or deletion of any entry in the electoral roll shall be made and no direction shall be given by the registration officer for the inclusion of a name in the electoral roll of a Gram Panchayat after the date fixed for division of electoral roll according to S. 14 (c) (5) of the Act, 1964 for an election in the gram panchayat and before the completion of that election. In other words, while rule 27 provides for constant and continuous revision by way of amendment, transposition, deletion and inclusion in the electoral roll at the instance of a person desirous of such a change being brought about to the electoral roll published, sub- rule (7) of rule 27 prohibits such a change to be brought about after the gram panchayat elections have been notified and the panchayat has been divided into wards and before the elections are held. If this sub-rule stood as it was in its original form, there is no doubt that the petitioner's application to include his name as a registered voter in Reddivaripalle electoral roll published in December, 1980 should have been rejected. But this sub-rule 7 has been amended by G 0 767 dated 11-12-81 and issued by the Commissioner of Panchayat Raj. The material portion of that G O reads as follows: "for sub rule (7) of rule 27 of the said rules the following sub rule shall be substituted namely: No amendment, transposition or correction of any entry shall be made after the date of final publication of the electoral rolls provided that any clerical error noticed in the electoral roll may be corrected even after the final publication of the electoral roll.