N.RAMESH KUMAR Vs. ELECTION COMMISSION OF INDIA

JUDGEMENT

(1.) Assailing the order, dtd. 2/9/2021, passed by the 2nd respondent, dismissing the second appeal preferred by the petitioner, and rejecting his claim to register his name as a voter in the elector roll of Duggirala Village of 87-Mangalagiri Assembly Constituency, the present Writ Petition for a mandamus has been filed by the petitioner.

(2.) Factual matrix of the lis may briefly be stated as follows: The petitioner is originally the resident of Duggirala village. He was born and brought up in the said village and he has pursued his studies in the said village. Thereafter, he was selected for Indian Administrative Service and he was allotted to the cadre of the erstwhile State of Andhra Pradesh. In pursuance of his employment in the Indian Administrative Service, he resided at various places where he was posted during the period of his employment in the State of Andhra Pradesh. He retired on 31/3/2016 on attaining the age of superannuation. On the next day, i.e. on 1/4/2016, he was appointed as State Election Commissioner of the Andhra Pradesh State Election Commission, for a period of five years. He assumed charge as the State Election Commissioner of the Andhra Pradesh State Election Commission on 1/4/2016. While he was working as the State Election Commissioner, he has submitted an application in Form-VI on 21/12/2020 for inclusion of his name as a voter as the resident of house bearing D.No.2-54, Main Road of Duggirala village in electoral roll of the 87-Mangalagiri Assembly Constituency, under Sec. 23(1) of the Representation of the People Act, 1950, to the Electoral Registration Officer of 87-Mangalagiri Assembly Constituency-cum-Special Deputy Collector.

(3.) The Electoral Registration Officer enquired into the matter and as his enquiry revealed that the petitioner is not the "ordinarily resident" of Duggirala village and that he is not residing in the house bearing D.No.2-54, Main Road of Duggirala village, he has rejected his application by his order, dtd. 21/1/2021. Aggrieved thereby, he has preferred an appeal to the District Election Officer, Guntur, challenging the legal validity of the order of the Electoral Registration Officer. The first appellate Authority, by his order, dtd. 1/4/2021, has dismissed the said appeal affirming the order of the Electoral Registration Officer. It is held in his order that the petitioner is not found to be ordinarily residing in Duggirala village in the house bearing D.No.2-54 of the said village and he also recorded a finding to that effect and dismissed the appeal.