SANAGA BALAKRISHNAIAH Vs. STATE ELECTION COMMISSIONER

JUDGEMENT

(1.) In these two writ petitions, notifications issued to conduct elections to fill the casual vacancies in the Gram Panchayat of Mutyaiampadu of Nellore district and Narsipatnam of Visakhapatnam district are assailed. Though the election notification, as such, is not challenged in W.P.No. 23099 of 2004, arguments are advanced canvassing the validity of the same after it was made known to the petitioner herein.

(2.) Elections to both the Gram Panchayats were held in the year 2001. Sri M. Subbaramireddy elected as Sarpanch of Mutyalampadu Gram Panchayat died on 18-6-2004. One Chellayamma elected as Sarpanch of Narsipatnam village died on 20-4-2004. The State Election Commission initiated steps to fill these vacancies as well as the vacancies in other Gram Panchayats throughout the State in accordance with the provisions of the A.P. Panchayat Raj Act, 1994 (for short 'the Act'). The necessary notifications were issued on 9-12-2004. notifying the election programme.

(3.) W.P.No. 23099 of 2004 is filed by an elector of the Gram Panchayat. According to him, the revision of electoral roll was undertaken, in pursuance of a notification issued by the District Collector on 6-7-2004, and according to the programme fixed thereunder the final revised electoral roll would emerge only on 1-1-2005 and it is impermissible to hold elections before that date. It was alleged that in the electoral roll published for the recent general elections, several names were deleted and steps have been initiated for revision of the electoral roll for 132 Gudur Assembly Constituency in which Mutyalampadu Gram Panchayat is situated. A writ of mandamus is sought for a direction to the respondents to conduct the election to fill the casual vacancy of Sarpanch only after the final electoral list is published, in pursuance of a notification dated 6-7-2004 issued by the Collector.