( 1 ) IN this writ petition the petitioner questions an order dated 1-7-2001 issued by the 1 st respondent herein whereby and whereunder his nomination for the post of member, Mandal parishad Territorial Constituency, Chennur village (for short mptc ) had been rejected on the ground that his name had been deleted in the voters list of Chennur village.

( 2 ) THE petitioner contends that his as also the names of his family members were included in the voters list. Chennur MPTC is located within Malleswaram Assembly constituency. As his as also the names of his family members had been deleted he preferred an appeal as a result whereof proceedings were initiated before the 2nd respondent culminating in an order dated 20-6-2001 in terms whereof the Mandal revenue Officer had been instructed to include his name as also the names of his family members. Allegedly, their names have been included.

( 3 ) IN this aforementioned situation a contention has been raised that the 1st respondent acted illegally in issuing the impugned order.

( 4 ) THE question which arises for consideration in this writ petition is as to whether the 2nd and 3rd respondents have the requisite jurisdiction to issue directions to include the names of the petitioner and his family members in the voters list.

( 5 ) IT is not in dispute that nomination for MPTC can be filed only in terms of the provisions of the A. P. Panchayat Raj act, 1994 (for short the Act ). Section 11 of the said Act which provides for preparation and publication of electoral roll for Gram Panchayat is in the following terms: preparation and publication of electoral roll for a Gram Panchayat : (1) The electoral roll for Gram Panchayat shall be prepared by the person authorised by the State Election Commissioner in such manner by reference to such qualifying date as may be prescribed and the electoral roll for the Gram Panchayat shall come into force immediately upon its publication in accordance with the rules made by the Government in this behalf. The electoral roll for the gram Panchayat shall consist of such part of the electoral roll for the assembly Constituency published under the Representation of the Peoples Act (Central Act 43 of 1950) as revised or amended under the said Act, upto the qualifying date, as revised or amended under the said Act, upto the qualifying date, as relates to the village or any portion thereof: provided that any amendment, transposition or deletion of any entries in the electoral roll, or any inclusion of names in the electoral roll of the assembly Constituencies concerned, made by the Electoral Registration Officer under Section 22 or Section 23, as the case may be, of the Representation of the Peoples Act, 1950, upto the date of election notification, for any election held under this Act, shall be carried out in the electoral roll of the Gram Panchayat and any such names included shall be added to the part relating to the last ward. Explanation :wherein the case of any assembly Constituency there is no distinct part of the electoral roll relating to the village, all persons whose names are entered in such roll under the registration area comprising the village and whose addresses as entered are situated in the village shall be entitled to be included in the electoral roll for the gram Panchayat prepared for the purposes of this Act. (2) The electoral roll for a Gram panchayat (a) shall be prepared and published in the prescribed manner by reference to the qualifying date (i) before each ordinary election; and (ii) before each casual election to fill a casual vacancy in the office of the Sarpanch and member of a gram Panchayat; and (b) shall be prepared and published in any year, in the prescribed manner, by reference to the qualifying date, if so directed by the State Election commission: provided that if the electoral roll is not prepared and published as aforesaid, the validity or continued operation of the said electoral roll, shall no