ORDER:

"The exercise undertaken by thc 3'd respondent-Mahabubnagar Municipality, to conduct elections, is challenged in this Writ Petition by pointing out several illegllities specifically noted in the affidavit, According the learned counsel for the petitioner, several poling stations, as pcr tlte Election Commission of India procedure, are norv mixed up and put into onc rvard, rvhich is not permissible; some house numbers are shorvn in more than one rvard; there is repetition of door numbers; in a few door numbers, a large number of votcrs' names arc shown and in fact, a ferv of them are educational institutions; as per the norms, students, who were studying irr educational institutions, should not be enrolled as voters; there are persons, whose names are reflected in more than one voters' Iist with I.D. cardsl and there is also change of volers from one colony to another colony and such a change resulted in moving from earlicr colony about four kilometers distance. Further, the difference between various warrls ls very high; proportionate representation of voters in all rvards is not maintained; and tbese are atl issues, which ought to have been considered by the Municipality.

In the represcrrtations submitted by the petitioner on 12-07 -2019, the petitioner has highlighted certain as pccts which go to the root of the matter.

Learned Standing Counsel for the 3'd respondent-Municipality denied the allegation of repetition of names in more than one ward by stating that mistakes rvere rectified in the final exercise. He rvould submit that whatever list drawn by the Election Commission of India is simply adopted. The representation ofthe petitioner daterJ 12-07-2019 could not be considered, as it rvas filed after the exercise was completed, The learned Standing Counsel further states that there are no serious infirmities, as contended with refercnce to the arrangement ofrvards in seriatum in clock-wise starting from North.

For the presonl, it is suffice to note that with regard to distribution of voters in all wards, according to the provision contained in Rule 5, there cannot be a variation of more than 107o in a given'vardr whereas, in the present case, the variation is on higher side. Thus, the 3'd respondcnt-Municipality is required to re-do the exercise and based on the present exercise, theF cannot proceed to conduct election to the Municipalilv.

Therefore, while staying the election process of the Mahabubnagar Municipality, liberty is granted to the 3'd respondent-Municipality to undertake exercisc in accordance with the Rules. While undertaking the exercise, the 3'd respondent-Municipality shall take note of the petitioner's representations dated 12-07-2019 and any other objections alrcady filed. Liberty is given to the petitioner to file additional objections, if any, as stated beforc this Court, and if such objections are filed within three days from th€ date of receipt of a copy of this order, they shall also be considered. In the final exercise, the response of the Municipality should bc stated in clear terms.

If any mistake, or repetition of names, are found in the electorat rolls published by the Election Commission of India, liberty is granted to the petitioner to filc objections, if any, before the Electoral Returning Officer/Revenue Divisional Officer and on such objections being filed, the Electoral Returning Officer shall consider the samc and wherever there is need frr correction, the same shall be undertaken and the 3'd respondent-

Municipality shall be inlbrmed accordingly.

SD/. K.PRABHA ASSIST T ISTRAR //TRUE COPY//

For ASSIST REGISTR.{.II To

1. The Principal Secretary, Municipal Admn., and Urban Development Department, State of Telangana, Secretariat Buildings, Hyderabad.

3. The Municipal Commissioner, Mahabubnagar Municipality, Mahabubnagar District.

The Election Officer and District Collector, Mahabubnagar District.

The Secretary, Telangana State Election Commission, Budhabhavan, Secunderabad.

(Addressees 1 to 5 BY