Point of Law :
provision in Section 195-A(1) of the Act, 2019, the voters list published by the Election Commission of India under the Representation of Peoples Act, 1950 shall be the basis for preparation of voters list of a municipality, apportionment of voters to various wards, determination of social status, reservation of wards in favour of SC/ST/BC and Women and reservation of office of Chairperson/Mayor

ORDER :

P. Naveen Rao, J.

1. Extensive submissions are made by learned counsel for petitioners Sri Naresh Reddy, pointing out several illegalities in pre-election process.

2. Learned counsel for petitioners pointed out 'hat in several wards, the voters are shown without reflecting the house numbers of the voters and in many cases, the house numbers are not mentioned but plot numbers are mentioned. Several illegalities were pointed out but the same are not rectified. Learned counsel for petitioner vividly demonstrated that in several wards, there are alterations in voters lists published by the Municipality contrary to entry in the voters list drawn by Election Commission of India. He has pointed out that in several wards, house numbers are mentioned as 00', inaccurate house numbers are shown, against open plot numbers, voters names are shown. These voters were not found in the respective wards in the voters list published by Election Commission of India, and brought into these wards with an intention to influence the result of the election to concerned wards. Further, particularly with reference to ward numbers 6, 7, 8 and 19 house numbers mentioned in the documents filed along with the counter affidavit are not shown in the voters list and house numbers varies in various lists. Learned counsel for petitioners further demonstrated that in certain wards, the boundaries reflected are also over lapping and it is not possible to reflect the same boundaries on North, South, East and West sides and this would show that the exercise was not properly undertaken.

3. Learned counsel would submit that as a former Chairman of the Municipality, having in depth knowledge of the topography of the Municipality, ever since the election process was set in motion, petitioner has been pointing out the illegalities committed, requesting to undertake corrections and make the record proper but his objections were not considered objectively. Copies of specific objections raised by petitioner are placed on record. He would therefore submit that entire exercise now undertaken is vitiated and elections cannot be conducted to the Municipality without rectifying glaring mistakes.

4. Learned standing counsel submits that the errors pointed out by the petitioner were already answered in the counter. He would submit that there were some typographical mistakes occurred in the reflection of boundaries and were corrected. He would submit that based on representation of voters and on verification of their residences, Aadhar Card, Ration Card and other details, their names are shown in respective wards though in the electoral list drawn by Election Commission of India, their residential addresses are forming part of other wards. However, there is no clear answer on the reflection of names of certain voters in wards without showing the house numbers and contrary to particulars shown in the electoral list published by Election Commission of India. Prima facie, it appears, those voters actually belong to other wards or are not residents of the Municipality.

5. Learned counsel representing State Election Commission submits that State Election Commission is not concerned with preparation of voters list and the Municipality is authorized to undertake the exercise and therefore cannot respond to the contentions urged on illegalities in the voters list and reflection of boundaries.

6. Prima facie, the exercise undertaken by the Municipality is not valid. As required by Section 195-A of the Telangana Municipalities Act, 2019 (for short, Act, 2019'), entries in the voters list drawn by Election Commission of India shall be the basis to determine total number of voters in the Municipality, arrive at average voters by deciding the total voters with total number of wards and apportion the voters in the respective wards. The Municipality has no competence to tinker with the voters' details. Allotment of voters to various wards depends upon the residential address shown in the voters