Raghvendra S. Chauhan, J.

The petitioners have made the following prayers before this Court :

a. Issue a Writ of Mandamus directing the respondents to include the names of the petitioners in the electoral list as the residents of Chikkappanni Palya Village, Hathri Post, Kasaba Hobli, Magadi Taluk, Ramanagara District, within the Regional Electoral Constituency of Sidaganahalli, Magadi Taluk, Ramanagara District

b. Issue a Writ of Mandamus directing the respondents to permit the first petitioner to file her nomination to contest for the forthcoming Sidaganahalli constituency of Belgagumba Panchayath, Magadi Taluk, Ramangara District, scheduled to be held pursuant to the Calendar of Events issued by the Third Respondent at Annexure-K.

c. Award costs.

2. Briefly the facts of the case are that the petitioners claim to be the permanent residents of the village, Chikkappanni Palya, in Magadi Taluk, Ramanagara District. According to them, the father of the second petitioner, Mr. Ramanna, owned agricultural land in Survey No.57/2 of Sidiganahalli Village, Kasaba Hobli, Magadi Taluk. Furthermore, according to them, the ration card issued to both the petitioners also confirms the fact that they were the permanent residents of Chikkappannipalya village. Furthermore, according to petitioner No.2, Mr. Suresh C.R., his name was included in the voters list of the said village. However, since the petitioners were not in a position to eke out their livelihood in the village, they shifted to Magadi Town, with an intention to commence a business, or a trade. While staying at Magadi Town, they net only got their address changed, but also got their names entered in the voters list of Magadi Town.

3. But, unable to eke out a comfortable livelihood at Magadi Town, the petitioners shifted back to their village. Subsequently, on 25.1.2017 they filed an application for canceling their name in the voters list of Magadi Town. They also filed an application for inserting their name in the voters list of their village. Despite the application submitted on 25.1.2017, so far, no action has been taken by the concerned Tahsildar. Instead, on 30.1.2017, the Deputy Commissioner has announced the calendar of events for the forthcoming Grama Panchayat elections, including the elections to the Sidaganahalli constituency of Belagumba Panchayat, Magadi Taluk, Ramanagara District. According to petitioner No. 1, she is an aspirant for contesting the said election as the constituency has been reserved for "woman". According to the petitioners, the last date for filing the nomination is 02.02.2017, as the last date for withdrawal of the nomination papers is 06.02.2017, and the date of election is 12.2.2017. Hence, this petition before this Court with aforesaid prayers.

4. Mr. Subramaiiya S., the learned counsel for the petitioners, has raised the following contentions before this Court :-

Firstly, under Section 9 of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 {'the Act' for short), a person has a right to vote in an election, provided his name appears in the voters' list relating to the said constituency.

Secondly, since the petitioners have shifted back from Magadi Town to their village, they have a right to seek the re-insertion of their names into the voters list of the said village. They had filed their application on 25.1.2017. According to Section 10(2) of the Act, an amendment can be made in the voters list till such date for making the nomination for an election for the Grama Panchayat. Therefore, the Tahsildar has ample time to insert the petitioners' name in the voters list of the village. However, the Tahsildar has failed to perform his duty. Thus, he has deprived the petitioners of their right to vote, and deprived the petitioner No. 1 of her right to contest the election.

Thirdly, the Act is silent on the procedure that needs to be adopted for amending the voters list. Therefore, the Tahsildar is required to immediately insert the name as soon as an a