G. Venkateshwar Rao v. Union Of India
THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.7901 OF 2019 Date:16.04.2019 Between:
G. Venkateshwar Rao, S/o. Narayan Rao, age 57 years, R/o.H.No.104 (4-2), Thallakhammampahad, Suryapet Mandal and District .. Petitioner And Union of India, rep., by its Secretary, Home Affairs, New Delhi and others .. Respondents The Court made the following:
THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.7901 OF 2019 ORDER:
Heard learned counsel for the petitioner, Sri K. Lakshman, learned Assistant Solicitor General appearing for respondent No.1 and learned Government Pleader for Revenue appearing for respondents 2 to 5.
2.
Petitioner is aggrieved by the decision of the Electoral Registration Officer, Suryapet, rejecting his request to transfer his Vote from Polling Station 82, Suryapet Town, to Police Station 117 Thalla Khammampahad Village.
3.
Against the decision of the Electoral Registration Officer, remedy of appeal is provided under Section of the Representation of Peoples Act, 1950 (for short, 'the Act') to the District Magistrate/Additional District Magistrate/Executive Magistrate/District Collector.
4.
Learned counsel for the petitioner sought to contend that the petitioner is resident of Thalla Khammampahad Village; he temporarily moved out of the village and now permanently residing in the said village and therefore requests to transfer his Vote to Thalla Khammampahad Village. He further submits that petitioner owns properties in the village and has a house also. 5.
These are the matters to be considered in the appeal by placing relevant material before the appellate authority. Since the petitioner has the remedy of appeal under Section 24 of the Act, the Court is not inclined to entertain the Writ Petition.
6.
Thus, leaving it open to the petitioner to avail the remedy of appeal under Section 24 of the Act, the Writ Petition is dismissed. There shall be no order as to costs. Miscellaneous petitions, if any, shall stand closed.
_____________________ P. NAVEEN RAO, J Date:16.04.2019 KH