MARRI SHASIDHAR REDDY Vs. ELECTION COMMISSION OF INDIA

JUDGEMENT

(1.) This writ petition is instituted as a Public Interest Litigation seeking relief of declaration/direction that the first respondentElection Commission of India, 'ECI', ought not to notify the conduct of elections to the Legislative Assembly for the State of Telangana before the Delimitation of Parliamentary and Assembly Constituencies Order, 2008, is amended delimiting the Assembly and Parliamentary Constituencies to the seven Mandals in Khammam District/Revenue Division, which were transferred to the successor State of Andhra Pradesh.

(2.) Heard Adv. Sri Ravi Shankar Jandhyala, learned counsel for the petitioner, and Sri Avinash Desai, learned counsel for the first respondent, ECI, in the light of the pleadings in the writ petition and additional affidavit of the petitioner as well as the counter affidavit of the ECI. We have also considered the documents produced along with the writ petition and the subsequent pleadings by the petitioner.

(3.) The petitioner has detailed some of the provisions of the 2014 legislation for reorganization of the State of Andhra Pradesh and the amendment made thereto, and the provision for transfer of areas for purposes relatable to the implementation as well as rehabilitation and resettlement in relation to Polavaram Multi-purpose National Irrigation Project. It is averred that transfer of areas were so made to enable the successor State of Andhra Pradesh to have flexibility in the identification of the areas to ensure continuity for administrative convenience. The petitioner pleads that the entire Bhadrachalam Revenue Division was part of the East Godavari District prior to 1959 and that the said area was transferred to Khammam District for administrative reasons; however that only a part of Bhadrachalam Revenue Division is being transferred to the State of Andhra Pradesh to address rehabilitation and resettlement needs of Polavaram Project. According to the petitioner, the statutory provisions and notifications have adversely affected the people of the seven Revenue Mandals of Khammam District linked to Polavaram Project. It is the petitioner's plea that the Delimitation of the Parliamentary and Assembly Constituencies Order, 2008, cannot be modified resulting in delimitation, since such power does not vest with the ECI. The petitioner has further pleaded that any increase in the number of the Assembly seats in the States of Telangana and Andhra Pradesh as provided through the 2014 legislation requires the amendment of the Constitution of India. It is the petitioner's plea that the Telangana Legislative Assembly was dissolved much earlier than the conclusion of its due tenure and the ECI was prompted to proceed to conduct the election dispensing with due preparation and rectification of the electoral rolls, which was being undertaken. Reference is made by the petitioner to Articles 81 and 82 and other provisions of the Constitution to plead that it is not within the authority of the ECI to tinker with the materials relating to delimitation, which has a direct nexus to the constitution of Legislative Assemblies. It is on this premise that the ECI is accused of having overstepped its authority and jurisdiction in having proceeded to conduct the elections to the Telangana Legislative Assembly without delimiting the Parliamentary and Assembly Constituencies; which exercise, according to the petitioner, ought not to be done without delimiting the Parliamentary and Assembly Constituencies regarding the seven Mandals of Khammam District, which were transferred to the State of Andhra Pradesh.