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2001 Supreme(AP) 621
Andhra Pradesh High Court
Judges : S.B.SINHA, V.V.S.RAO
Kanaka Ramulamma - Appellant
Versus
District Collector and Dist.Election Authority, Ongole - Respondent
Decided On : 06-27-01
Headnote:
Constitution of India, 1950 - Article 226 – Setting up polling booth – Voters - Gram Panchayat - arbitrary and illegal - Contention raised in this application is that the distance between the villages Yerrareddypalem and Vengalapuram is about 2. 25 kilometers. Yerrareddypalem Gram Panchayat consists of Yerrareddy-palem revenue village, Utlapallivaripalem hamlet of Yerrareddypalem village and Vengalapuram revenue village. The said Gram Panchayat was constituted in the year 1995 - It has been contended that during the last general and panchayat elections polling booth was set up at Yerrareddypalem and the number of the said polling booth is 25/117. As a result of setting up of the polling booth at Utlapallivaripalem now, 500 voters of Vengalapuram village have to walk 4 kilometers to cast their votes – Held, This Court, in exercise of its jurisdiction under Article 226 of the Constitution of India, can neither go into the aforementioned question nor set aside the constitution of polling booths having regard to the fact that in terms of clauses (b), (c) and (d) of para 2 of the aformentioned guidelines issued by the State Election Commission, only a directory provision has been made. Such guidelines, which are in the nature of instructions, in our opinion, cannot be enforced for issuance of a Writ in the nature of Mandamus. It is for the District Collector, Prakasam District to consider the representation filed by the petitioners herein and pass appropriate order in terms of the provisions contained under para 5 of the said guidelines - Therefore dispose of this writ application by directing the District Collector, Prakasam District, the first respondent herein, to consider the aforementioned representation filed by the petitioners and pass appropriate order at an early date and preferably within a period of three days from the date of communication of this order. There shall be no order as to costs. Ordered accordingly.
( 1 ) THE petitioners in this application are questioning the action of the respondents in setting up polling booth for the voters of Vengalapuram revenue village at Utlapallivaripalem hamlet purported to be situated in Yerrareddypalem Gram Panchayat as arbitrary and illegal.
( 2 ) THE contention raised in this application is that the distance between the villages Yerrareddypalem and Vengalapuram is about 2. 25 kilometers. Yerrareddypalem Gram Panchayat consists of Yerrareddy-palem revenue village, Utlapallivaripalem hamlet of Yerrareddypalem village and Vengalapuram revenue village. The said Gram Panchayat was constituted in the year 1995. The total number of voters in Yerrareddypalem is about 380 and the total number of voters in Utlapallivaripalem is about 470. The distance between the Utlapallivaripalem and Vengalapuram is about 4 kilometers. Previously Vengala-puram was set up in survey No. 212 and thereafter the entire village was shifted to survey Nos. 201 and 111. It has been contended that during the last general and panchayat elections polling booth was set up at Yerrareddypalem and the number of the said polling booth is 25/117. As a result of setting up of the polling booth at Utlapallivaripalem now, 500 voters of Vengalapuram village have to walk 4 kilometers to cast their votes.
( 3 ) THE State Election Commission by Circular dated 2-8-2000 issued guidelines as regards determination of number of polling stations, location of polling stations, publication of the list of polling stations in draft, final publication of the list of polling stations and publicity, modifications in the list, supply of copies of the lists and number of copies of list of polling stations to be printed. As per the notification, the relevant provisions for location of polling stations are clauses (b), (c) and (d) of para 2 which read thus :"2. LOCATION OF POLLING STATIONS (b) The actual site of each Polling Station should be chosen carefully in advance and arrangements have to be made in order to make the polling station satisfy the requirements of practical convenience. Provision of all requirements should be completed at least one day before the day of Poll; (c) To the extent practicable, Polling Stations should be located at the same place where it was located in the last General Elections, so that the voters could go and cast their votes at the place already familiar to them; (d) Polling Station should be set up in such a manner that ordinarily no voter is required to travel more than two K. Ms. for casting vote. However, in scarcely populated hilly or forest areas, this norm may have to be relaxed. In order to avoid voters having to walk unduly long distances, polling stations, in such cases, may have to be set up for a smaller number of voters. "
( 4 ) HOWEVER, in terms of the provisions of para 3 of the Notification, such polling stations, which are to be set up, are required to be published in draft, which inter alia provides3. PUBLICATION of the List of Polling Stations in Draft :the Mandal Parishad Development Officer is responsible for preparation of draft list of polling stations. He should prepare at least 6 copies of the draft list of polling stations, for each Gram Panchayat in the Mandal and publish the draft list by exhibiting at following places. 1) At the Office of the Mandal Parishad Development Officer. 2) At the Office of the Gram Panchayat. 3) 2 other prominent places/public buildings in the Gram Panchayat, e. g. School Building, Village chavadi etc. The Mandal Parishad Development Officer should thereafter examine suggestions received from the public and amend the draft list, wherever found necessary and submit proposals to the District Election Authority for final approval of the list. "only after the District Election Authority approves the list of polling stations, final list of polling stations shall be published. However, by clauses (a) and (b) of para 5 of the notification it is provided :
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