THE HON’BLE SRI JUSTICE C. V. BHASKAR REDDY WRIT PETITION No.17333 of 2024

ORDER:

This writ petition has been filed seeking to declare the action the respondents in not including the names of the petitioners in the voters’ list prepared for General Elections of House of People, 2024 in respect of Madhira Constituency (114) of Khammam District, despite the representations of the petitioners and in rejecting their applications under Form-6 as prescribed under the Registration of Electors Rules, 1960 as illegal, arbitrary, violative of principles of natural justice and for other appropriate reliefs.

The petitioners claim to be the residents of Ramakrishnapuram Village, Chintakani Mandal, Khammam District. It is stated that the petitioners are having landed properties in the said village and they are also cultivating the lands and paying house tax and others taxes from time to time. It is further stated that despite the petitioners having Voter IDs issued by the Election Commission of India, their names were shown as deleted in the draft publication of electoral list, which constrained them to submit online applications in Form-6 of the Registration of Electoral Rules, 1960 for registration. The grievance of the petitioners is that the respondents without having any manner of right and without taking consideration the documents filed in support of their claim, rejected the said applications on the ground that they are not the ordinary residents of the said village.

Learned Assistant Government Pleader for Revenue appearing for respondent Nos.1 to 5 submits that on verification of the documents filed by the petitioners, as it was found that they are not ordinary residents of Ramakrishnapuram Village, Chintakani Mandal and they are residing at Hyderabad, their names were deleted vide orders dated 23.01.2024 and 24.01.2024 passed by the Electoral Registration Officer-cum-Revenue Divisional Officer, Khammam Division i.e., respondent No.5 herein, a copy whereof has also been furnished to the petitioners through Registered Post; if the petitioners are having any grievance with regard to the said orders passed by respondent No.5, they are at liberty to prefer an appeal before the District Election Officer & Collector, Khammam; and as such, the present writ petition is not maintainable.

In view of the same, the writ petition is disposed of by granting liberty to the petitioners to avail the remedy of appeal before the District Collector, Khammam, if they are so aggrieved by the orders dated 23.01.2024 and 24.01.2024 passed by respondent No.5, duly enclosing all the documents in support of their claim. On filing such appeal, the District Collector, Khammam, in turn, shall consider the same and pass appropriate orders thereon, in accordance with law, within a period of two weeks from the date of receipt of such application and communicate the same to the petitioners.

As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. There shall be no order as to costs.

___________________________ C.V. BHASKAR REDDY, J

28.11.2024 JSU