STATE ELECTION COMMISSION SECUNDRABAD Vs. MALLADI RAJENDRA PRASAD

JUDGEMENT

(1.) This appeal is directed against order dated 21/6/2006 passed by the learned Single Judge in WPMP No. 15303 of 2006 in WP No.12308 of 2006 whereby Respondent Nos.2 and 3 in the writ petition i.e., Election-cum-Retuming Officer, East Godavari District and District Collector, East Godavari District, have been directed to accept the nomination paper of the writ petitioner Malladi Rajendera Prasad (Respondent No.l herein) for contesting election to Zilla Parishad Territorial Constituency of Tallarevu.

(2.) In the writ petition filed by him, Respondent No.l averred that as per the schedule of election notified by the State Election Commission (appellant herein), the last date for filing nomination paper was 17-6-2006 and 18-6-2006 was fixed for scrutiny of nomination papers. He filed nomination on 17-6-2006. The same was rejected by the Election-cum-Returning Officer, Kakinada on the ground that his name was not reflected in the electoral rolls of Tallarevu. Respondent No.l further averred that he had made an application before the Mandal Revenue Officer, Kakinada (Urban) for deleting his name from the electoral roll of Kakinada (Urban) and to add the same in the electoral roll of Tallarevu because he had shifted permanent residence from Kakinada (Urban) to Korangi of Tallarevu Mandal, but the same was not decided and, at the time of scrutiny, the officer concerned arbitrarily rejected his nomination paper. He pleaded that the action taken by Election-cum-Returning Officer, Kakinada to reject his nomination paper is liable to be declared as violative of the scheme of the Andhra Pradesh Panchayat Raj Act, 1994 and, therefore, a direction be issued to the respondents to entertain his nomination paper.

(3.) On a consideration of the averments contained in the affidavit of Respondent No.1, the learned Single Judge passed order dated 21-6-2006 for entertaining his nomination paper.