T.S. RAMA RAO Vs. CHIEF ELECTORAL OFFICER

JUDGEMENT

(1.) This petition is against the non-inclusion of 700 and odd names in the voters' list and for stay of the elections to the Musheerabad Assembly Constituency. The petitioner is one of the candidates who had filed his nomination on 20th January, 1967, which was the last date for receipt of nominations. He alleges that on 20th December, 1966, the Chief Electoral Officer published a notification by which he has notified the public that if any name is not included in the electoral roll of any constituency, it can be got done by an application to the Electoral Registration Officer before the date of issue of the notifications calling upon the constituency to elect, accompanied by a fee of 50 Paise. Thereafter, application will have to be made to the Chief Electoral Officer and Joint Secretary to Government, General Administration (Elections) Department accompanied by a fee of Rs. 3.00.

(2.) After the issue of this press-note, there was another press-note issued on 12-1-67 by which it was notified that having regard to the amendment to Section 23 clause 3 by the Representation of the People (Amendment) Act, 1966 (which came into force on 13-12-1966) "no amendment, transposition or deletion of any entry shall be made under Section 22 and no direction for the inclusion of a name in the electoral roll of a constituency shall be given under this section, after the last date for making nominations for an election in that constituency or in the parliamentary constituency within which that constituency is comprised and before the completion of that election". Therefore, persons whose names have not been entered in the rolls, and are desirous of including their names, should apply in the appropriate form to the Electoral Registration Officer on or before January 12 along with a fee of 50 paise by way of non-judicial stamp, so that as required, after seven days of receipt of such applications, necessary action may be taken.

(3.) Pursuant to this notification, one Shri S. Krishnabhagvan filed 750 application forms for inclusion of names in the voters lists in the Musheerabad constituency along with 50 paise non-judicial stamps for each claim and one Shri S. Krishna also filed 174 application forms for inclusion of the names in the voters lists in the same constituency along with 50 paise non-judicial stamps for each claim on 12-1-67. Of these applications, only 187 names were included and the remaining 737 claimants were not so included without assigning any reasons. Therefore, it is also averred that no orders were passed assigning reasons disqualifying them. The petitioner has also stated that one Shri N. Madhavarao, a citizen and a voter, had applied for the inclusion of his name in the voters list but since it was not included he had sent a telegram on 12-2-1967 to the Chief Electoral Officer as well as the Electoral Registration Officer asking for reasons for non-inclusion of his name in the voters' list to which no reply has been sent so far.