K. Praveen Goud v. The State Of Telangana

THE HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.14607 OF 2019 Dated:16.07.2019 Between:

K. Praveen Goud, S/o. K. Yadagiri Goud, Aged about 33 years, Occ: Business, R/o.H.No.1-16, Kongarakalan Village, Ibrahimpatnam Mandal, Adibatla Municipality, Ranga Reddy District .. Petitioner And The State of Telangana, rep., by its Principal Secretary, Municipal Administration Department, Secretariat, Hyderabad and others .. Respondents This Court made the following:

- 2 - THE HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.14607 OF 2019 ORDER:

Erstwhile Kongarakalan Revenue Village now made part of Adibatla Municipality. Process to conduct elections to various Municipalities was set in motion. The grievance of the petitioner is that large number of voters shown in the voters list of the erstwhile Kongarakalan Revenue Village now forming part of Adibatla Municipality are not residing in the village and they are actually voters of Hyderabad City, whereas their names are reflected in the voters list published by the Election Commission of India, which is adopted by the State Election Commission to conduct elections to Adibatla Municipality. Petitioner alleges that on 08.07.2019 complaint was filed before the District Collector, Ranga Reddy District, alleging that in spite of illegalities pointed to the Revenue Divisional Officer, he is not taking any action. A copy thereof was also marked to the Revenue Divisional Officer since the Revenue Divisional Officer is the Electoral Registration Officer. 2.

According to learned standing counsel for the State Election Commission, the State Election Commission does not undertake revision of voters list and they go by the voters list published by the Election Commission of India. If any person has grievance in respect of the entries made in the voters list published by the Election Commission of India, application has to be made to the Electoral Registration Officer seeking corrections and if the Election Commission of India carries out corrections and notifies the same, it would be taken note by the State Election Commission.

He placed before this Court the Circular

- 3 - No.999/TSEC-ULBs/2018, dated 01.12.2018, which deals with the aspects of conducting elections. As per paragraph No.7 of the circular instructions, the aggrieved person has to make an application to the Electoral Registration Officer for inclusion/deletion/modification of the voters list and if any corrections are made by the Electoral Registration Officer, the same would be considered and such consideration would be up to the date of election notification only.

3.

According to learned standing counsel, Sri N. Praveen Kumar, he was informed to state that notices were issued, explanation was submitted and enquiry is scheduled to be held on 18.07.2019.

4.

If that is so, the issue agitated in the writ petition is premature.

5.

Leaving it open to the petitioner to work out his remedies on a decision that may be made by the Electoral Registration Officer representing the Election Commission of India, the Writ Petition is dismissed. Pending Miscellaneous Petitions, if any, shall stand closed.

____________________ P. NAVEEN RAO, J Date:16.07.2019 KH