LAWS(APH)-1955-2-2

CHENCHURAMA NAIDU Vs. CHIEF ELECTIORAL OFFICER ANDHRA STATE

Decided On February 08, 1955
CHENCHURAMA, NAIDU Appellant
V/S
CHIEF ELECTIORAL OFFICER, ANDHRA STATE Respondents

JUDGEMENT

(1.) This is a petition under Art. of the Constitution for issuing a writ in the nature of Mandamus, directing the respondents to prepare the electoral roll in the Kondapi Constituency consisting of the three entire revenue firkas of Singarayakonda, Kondapi and Gudlur as notified in the final order in the India Gazette Extraoridinary or for issuing any other suitable writ or direction in the circumstances of the case.

(2.) The petitioner was a Member of the Andhra State Assembly from the Kandukur constituency. The Andhra Legislative Assembly was dissolved and a fresh notification was issued on 20.12.1954 calling for nominations to be filed on or before 3.1.1955.

(3.) In the last general elections conducted in 1952, Kandukur Taluk as a whole was part of a double-member constituency having one reserved seat and one general seat. In 1952, the Delimitation Commission Act was passed, and in pursuance of the said Act, a Delimitation Commission was appointed. It made enquiries with a view to the delimitation of constituencies in the Andhra State. With respect to the Nellore District, the Delimitation Commission published its recommendations as required under S. 8 (3) (a) of the Delimitation Commission Act on 26.4.1954, and gave time till 17.5.1954 for preferring objections. As per the proposal of the Delimination Commission, Kandukur and Kondapi and it was provided that the Kandukur constituency should consist of Kandukur, Ponnalur and Chundi firkas, and that the Kondapi constituency should consist of Kondapi, Singarayakonda and Gudlur firkas. It is stated by the Chief Electoral Officer, Andhra, that no objections were filed on or before the date fixed for preferring the objections, that is, 17.5.1954, for the above proposals. On the basis of the proposal of the Delimitation Commission, final Order No. 19 was published in the Gazette of Inida on 4.10.1954.