M RANGA MOHAN Vs. ELECTORAL APPELLATE OFFICER

JUDGEMENT

(1.) The question at issue in these three inter-connected Writ Petitions is whether the electoral roll in respect of the gram panchayat of Mucherla, which attained finality on 1-1-1995, could be altered by the Electoral Registration Officer (Mandal Revenue Officer) and the Electoral Appellate Officer (Revenue Divisional Officer). The gram panchayat in question is Mucherla in Pedana mandal of Krishna district.

(2.) Writ Petition No.5694 of 1995 was filed by 31 persons. The case of petitioner Nos.l and 2 is that in the draft electoral roll published on 31-12-1994 their names were included; but the Revenue Divisional Officer who is the Electoral Appellate Officer, by his order dated 20-1-1995 on an appeal filed by one M. Ranga Mohan (5th respondent in Writ Petition No.12469 of 1995), directed deletion of their names on the ground that they are not residents of the village. That order was passed, according to them, without affording them any opportunity to establish their claim that they are permanent residents of the village. As regards petitioner Nos.3 to 11 the averment in the affidavit filed in support of the writ petition is that they are voters of the gram panchayat and they also participated in the elections to the Andhra Pradesh Legislative Assembly held on 5-12-1994, but the Mandal Revenue Officer removed their names from the electoral roll without giving any notice. When they preferred an appeal to the Electoral Appellate Officer the same was rejected on 19-1-1995 without giving any opportunity to them. As regard petitioner Nos.12 to 31 the case pleaded is that they are the permanent residents of the village and so they are entitled to be included in the voter's list and when they filed applications before the Electoral Registration Officer the same were rejected and the appellate authority affirmed that order.

(3.) Writ Petition No.l 1899 of 1995 was filed by 16 persons claiming mat their names were included in the draft electoral roll; but one D. Venkateswara Rao, leader of the opposite faction, represented to the Revenue Divisional Officer that they are not the residents of the village and on that ground their names were deleted from the voter's list by the District Panchayat Officer. When the election notification was issued on 7-6-1995 they came to know that their names were deleted and as the election notification was already issued they could not prefer appeal to the appellate authority.