P.K. Musahary, J.

1. Heard Mr. Muk Pertin, learned Counsel for the Petitioners and also heard Mr. R.H. Nabam, learned Sr. Govt. Advocate, appearing for the State Respondents.

2. The Petitioners, numbering 33, being citizens of India and permanent residents of Silluk Village under P.S. Mebo in East Siang District of Arunachal Pradesh have filed the present writ petition for issuance of writ in the nature of mandamus directing the State Respondents to conduct a Special Summary Electoral Revision for enrollment of their names in the electoral rolls of 39-Mebo (ST) Assembly Constituency by extending the time of filing of claims and objections.

3. It is pleaded that the Respondent No. 2, Electoral Registration Officer, 39-Mebo (ST) Assembly Constituency, in exercise of powers conferred upon him under Rule 41 of Registration of Electors 1960, vide order No. MOE-357/08 dated 27.10.2008, appointed some staff as Designated Officers to receive the claims and objections in the respective polling stations with effect from 10.11.2008 to 24.11.2008. By another order being No. 357/08 dated 29.10.2008, the Respondent No. 2, as per direction of the Election Commission of India, announced the schedules for special summary Revision of Electoral Roll with reference to 1st January, 2009 as the qualifying date, which are extracted and quoted below:-

1. Draft publication of roll 10.11.2008

2. Period of filling of claims and objection 10.11.2008 to 24.11.2008

3. Photography of residual and new Electorals 10.11.2008 to 10.12.2008

4. Reading of relevant part/section of photo E/Rolls in Gram Sabha/Local bodies and RWA meeting etc. and verification of names 13.11.2008 to 16.11.2008

5. Special campaign dates with Booth Level Agents of political parties for receiving claims and objections 16.11.2008 to 23.11.2008

6. Disposal of claims and objections 24.12.2008

7. Updating the data base merging of photographs updating the control tables and preparation and printing of supplementary list. 24.12.2008 to 08.01.2009

8. Final publication of E/Rolls 10.01.2009

4. In the said order/circular, it is provided that all the eligible electors, who are likely to attain the age of 18 years, as on 01.01.2009, have been informed to submit their claims and objection through the Designated Officers of the respective polling station during the period from 10.11.2008 to 24.11.2008 during office hours.

5. As per the aforesaid order, dated 27th October, 2008, one Sri Gong Tayeng, BLO Silluk, was appointed as Designated Officer of Silluk polling station, under which the present Petitioners fall, to receive the claims and objections. The Petitioners submitted their claims in Form-6 which were duly received by the aforesaid Designated Officer on 22.11.2008 and in every form so submitted the Designated Officer put his signature but the said Designated Officer did not forward the claims of the Petitioners to the Electoral Registration Officer, Respondent No. 2 and instead, he returned the same to the Petitioners after expiry of last date of submission of claims and objection and as a result, the Petitioners' names did not appear in the draft electoral rolls of 39-Mebo (ST) Assembly Constituency. The Petitioners submitted a complaint to Respondent No. 2 on 27.11.2008 (Annexure-4 to the writ petition) in this regard but no step was taken by him to redress the grievance of the Petitioners. Having no other alternative, the Petitioners have filed the present writ petition.

6. This matter was first listed on 02.02.2009 and on the prayer of the learned Senior Govt. Advocate, Mr. Nabam, this Court granted him time till 09.02.2009 for obtaining necessary instructions but he failed to obtain the instructions and this Court again on 09.02.2009 granted some more time till 24.02.2009 to obtain instructions from the Govt. No instruction was forthcoming and on 24.02.2009, this Court again granted further time of one week to obtain instructions and to ascertain as to whether the draft electoral roll has be