ORDER :

Whether an under trial prisoner has a right to vote in elections is the question involved in this writ petition.

2. The son of the petitioner, Irpa Rama Rao, was arrested in Cr.No.8 of 2021 of Cherla Police Station on 05.02.2021 and produced before the I Additional Judicial Magistrate of Fist Class (Special Court for Naxal Cases), Khammam, and remanded to judicial custody. Since then he is in judicial custody. It is stated that the son of the petitioner is an elected member of the Mandal Praja Parishad from Kurnapalli, Cherla Mandal; As on date, he is a voter in the election of the Telangana Legislative Council of Khammam Constitution; As the tenure of the previously elected members of the Telangana Legislative Council is expiring on 04.01.2022 and the term of the elected member comes to an end on 04.01.2022, the Election Commission of India (ECI) issued notification for conducting elections to the Telangana Legislative Council through its notification No.ECI/PN/92/2021 dated 09.11.2021; As per the schedule, the date of poll for electing the members of Telangana Legislative Council, Khammam District, is 10.12.2021.

3. It is further stated that as the son of the petitioner is i