DUGGIRALA RAMAKOTAIAH Vs. CODECTOR PANCHAYAT WING KRISHNA

JUDGEMENT

(1.) This is an application under Article 226 of the Constitution questioning the validity of the Electoral Roll and delimitation of constituencies made for the purpose of electing the members to the Gram Panchayat. The essential facts are that, Angalur Gram Panchayat has a total of 2,677 electors. Eleven seats were fixed for the said Gram Panchayat. Eleven constituencies were determined according to the serial numbers allotting 243 electors to each such constituency. The surplus voters were tacked on to the eleventh constituency. Before the electors could elect their representatives in all the eleven constituencies, the petitioner filed 'this writ petition complaining that about 170 electors who were newly added to the list have not been allotted to the constituencies where they reside with the result that the petitioner who intends to stand as a candidate, is not getting the support from his voters because although they reside in the constituency where the petitioner intends to stand, they have been allotted to an altogether different constituency.

(2.) In order to appreciate the merits of this grievance it is necessary to refer to section 14 which relates to the preparation and publication of electoral roll and delimitation of constituencies for a Gram Panchayat. According to that section the person authorised by the prescribed authority shall prepare every year for the Gram Panchayat a draft electoral roll which must consist of such part of the electoral roll for the Assembly constituency revised and amended up-to-date to be specified by the Government as relates to the village and shall cause such a draft to be published in the manner directed by the Government.

(3.) After expiry of thirty days from the date of such publication of the draft roll the final draft carrying out the alterations and amendments, if any, made in order to bring it in accord with the Legislative Assembly list, shall be considered as the final roll for the purpose of election to the Gram Panchayat. That final electoral roll shall remain in force till a fresh electoral roll is published in the succeeding calendar year. The material part of that section is sub-section (4) which is in the following terms :-