MOHAMMED ARIFODDIN Vs. ELECTION COMMISSION OF INDIA

JUDGEMENT

(1.) This writ petition is filed challenging the order dated 16.11.2019 passed by the Electoral Registration Officer, Sangareddy Assembly Constituency/Sangareddy Parliamentary Constituency, the second respondent.

(2.) It is the case of the petitioner that when he was residing at Maddikunta Village, Sadasivapet Mandal, he obtained Aadhar Card, and also entered his name in the Electoral Register of the said village. Now, he is residing at Raghavendra Nagar, Sadasivapet. Therefore, he wanted to transfer his name from the voters list of Maddikunta Village, Sadasivapet Mandal, to Raghavendra Nagar, Sadasivapet Town. Hence, he made an application to the second respondent on 01.10.2019. However, the second respondent rejected his application with an endorsement that "the document submitted by the applicant does not match with the claim". When he enquired in the office of the second respondent, he came to know that his name in the Electoral Identity Card of Maddikunta was written as "Md. Arifoddin", whereas in Aadhar Card, his name was written as "Mohammed Arifoddin". Therefore, he made another application on 25.10.2019 with full name as "Mohammed Arifoddin", enclosing his Aadhar Card and other documents. As the said application was not disposed of, he filed W.P.No.24119 of 2019 before this Court. The said writ petition was disposed of on the representation made by the learned counsel for the second respondent that the petitioner's application would be considered and necessary orders would be passed within a period of one week. Pursuant to the said order, the second respondent has passed the impugned order dated 16.11.2019 rejecting the petitioner's application under Section 20(7) of the Representation of the People Act, 1950 (for short, 'the Act'), on the ground that he is not an ordinary resident of Sadashivapet. Hence, this writ petition.

(3.) Mrs. K. Sesharajyam, the learned Senior Counsel appearing for Mr. K. Chaitanya, the learned counsel for the petitioner, submits that the petitioner has filed an application in Form - 8A of Registration of Electors Rules, 1960 (for short, 'the Rules') requesting to transfer his name from the voters list of Maddikunta Village, Sadashivapet, to Raghavendra Nagar, Sadashivapet. However, without considering the documents submitted by him, the third respondent has rejected his application.