The High Court · 2025

Petition under Article 226 ot the constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue an appropriate writ, order or direction, more particularly one in the nature of writ of Mandamus, by declaring the action of the respondents in deleting the name of the petitioner from the Electoral Rolls (voters list) of polling station No.1 55 of chiragpally village, 38-Zaheerabad Assembly constituency (sc), which was published on 06- 01-2025, without issuing any notice and without conducting any enquiry, which amounts to violation of principles of Natural Justice and in violation of section 22 of the Representation of people Act, .1950, in violation of Section 21-A of the Registration of Electors Rules, 1g60, with a I malafide intention, using arbilrary exercise of power, which action amounts to colorable exercise of power and to declare it as illegal, arbitrary and in violation of Art. 19 (1 ) (a) of the constitution of lndia, 1 950 and to consequenfly direct the respondents to restore the petitioner's name in the. Electoral Rolls (Voters list) and allow him to exercise his valuabte voting right to elect. lA NO: 1 OF 2025 Petition under section 1s1 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the respondents to consider the representations dtd. 30-01_2025. Counsel for the Petitioner : SRt K.L.N.RAGHAVENDRA REDDY Counsel forthe Respondent No.1 : SRI p.SUDHEER RAO, SC FOR TSEC Counsel for Respondent No.2to5: SRI MOHAMMED OMER FAROOQ, SC FOR cEo The Court made the following: ORDER I I I I /a; . THE HON'BLE SRIJUSTICE K. LAKSHMAN WRIT PETITI ONNo.3744 of 2025 ORDER: Heard learned counsel for petitioner, Sri p. Sudheer Rao, leamed Standing Counsel for Telangana State Election Commission appearing for 1't respondent and Sri Mohammed Omer Farooq, leamed Standing Counsel appearing for respondent Nos.2 to 5. 2 Petitioner is a resident of Charakpally (Chiragpally) Village, Zaheerabad Mandal, Sangareddy District. His name was included in the voters list dated 29.10.2024 of aforesaid Village. However, in the latest voters list of 2025, his name is not included. Therefore, he has submitted representations to respondents with a request to include his name in the voters list of 2025. Despite receiving and acknowledging the said representations, respondents did not consider the same. Aggrieved by the said inaction of respondents, petitioner has filed the present Writ Petition. I I I i, 2 K!, J w.P.No.37+4 of 2025

3. Learned Standing Counsel appearing for l't respondent would submit that the electoral rolls will be updated quarterly once in terms of Rule 6 of the Telangana panchayat Raj (Preparation and Publication of Electoral Rolls) Rules, 20lg (for short 'the Rules'), and also Section l1 of the Telangana Panchayat Raj Act,2018 (for short'the Act,). On receipt of the said information from respondent Nos.2 to 5, I't respondent will include the name of petitioner in the voters list.

4. Learned Standing Counsel appearing for respondent Nos.2 to 5, on instructions, would submit that on receipt of representation from petitioner, his name was included in the voters list dated 29.10.2024.|n proof of the same, he has filed written instructions and electoral rolls.

5. Leamed counsel for l " respondent, on instructions, would submit that petitioner has to submit a fresh representation along with copy of the said electoral roll 3 I{I,, J w P No 374.1 of 2025 I ., ,2 ,/ fumished by respondent Nos.2 to 5 and l" respondent will consider the same.

6. ln the light of the said submissions, Rule 6 of the Rules and Section I I of the Act are relevant and the same are extracted below. Rule 6 of the Rules "6. Procedure for lodsins claims and obiections. - All omissions olnames in any part of the roll or objections to any entry in the roll, at any point of time after its publication under Rule 5, shall be settled only after a suitable amendment to the relevant entry in the electoral roll of the Legislative Assembly Constituency, based on which the Gram Panchayat roll was prepared. Anybody wishing to prefer a claim for inclusion or deletion ol any name in the roll or any objection in respect of any entry in the roll so published, shall submit a proper claim or objection under the prorisions of the Registration of Electors Rules, 1960 made L under the representation of the People Act, 1950 (Central Act 43 of 1950), to the Electoral Registration Oflicer of the concemed Legislative Assembly Constituency. Subject to the provisions of Section I I of the Act, and based on the orders of the Electoral Registration Oflicer of the Assembly Constituency on such claims and objections, the District Panchayat Officer shall incorporate all such amendments made up to the date of the notification issued by the State Election Commission under sub section (2) of Section 198 of 4 KL, J W.P.No.3744 ot 2025 Telangana Panchayat Raj Act. 201 8 into the Gram Panchayat electoral rolls. [n case of any clerical or printing error or both, or when the entries deviate from the particulars of the Assembly Electoral roll, the District Panchayat Offrcer may cause such errors rectified, so as to bring it in conformity with the particulars ol the Assembly Electoral- roll concemed. However, the District Panchayat Officer shall not resort to suo mor revision ofthe rolls by way ofdeletions or additions or modi fi cations." Section 11 of the Act "l l. Preparation and publication of electoral roll for a Gram Panchayat - (l) The electoral roll for Gram Panchayat shall be prepared by the person authorized by the State Election Commissioner in such manner by reference to such qualifoing date as may be prescribcd and the electoral roll for thc Gram Panchayat shall come into force immediately upon its publication in accordance with the rules made by the Govemment in this behalf. l-he electoral roll for the Gram Panchayat shall consist of such part of the electoral roll for the Assembly Constituency published under the Representation of the People Act, 1950 as revised or amended under the said Act, upto the qualifying date, as relates to the village or any portion thereof: Provided that any amendment, transposition or deletion of any entries in the electoral roll, or any inclusion of names in the electoral roll olthe Assembly Constituencies concemed, made by the Electoral Registration Officer under section 22 or section 23. as the c.rse may be, of the Representation of the People Act. 1950. upto the date of I 5 I{L, J w.P.No 3744 0t2025 election notification, for any election held under this Act. shall be carried out in the electoral roll of the Gram Panchayat and any such names included shall be added to the part relating to the respective Ward. Explanation:- Where in the case of any Assembly Constituency there is no distinct part of the electoral roll relating to the village, all persons whose names are entered in such roll under the registration area comprising the village and whose addresses as entered are situated in the village shall be entitled to be included in the electoral roll for the Gram Panchayat prepared for the purposes of this Act. (2) The said elcctoral roll for a Gram panchayat,- (4) shall, unless otherwise directed by the Govemment, for reasons to be reoorded in writing, be revised in the prescribed manner by reference to the qualifying date:- (i)before each ordinary election; and (ii)before each casual election to fill a casual vacancy in the office of the Sarpanch and member of a Gram Panchayat; and (b) shall be prepared and published in any year, in the prescribed manner, by reference to the qualifuing date, if so directed by the State Election Commission: Provided that if the electoral roll is not prepared and published as aforesaid, the validity or continued operation of the said electoral roll, shall not thereby be affected. G) The electoral roll published under sub-section (l) shall be the electoral roll for the Gram Panchavat and it shall r remain in force till a fiesh electoral roll for the Gram Panchayat is published under this section. (4) The electoral roll for the Gram Panchayat shall be divided into as many parts as there are wards so that each part consists of the voters residing in the concemed ward and for this purpose the electoral roll may be reananged if such rearrangement is found necessary. (l) Every person whose name appears in the part of the electoral roll relating to a ward shall subject to the other provisions of this Act, be entitled to vote at any election which takes place in that ward while the electoral roll remains in force and no person whose name does not appear in such part of the electoral roll shall vote at any such election. (Q No person shall vote at an election under this Act in more than one ward or more than once in the same ward and if he does so, all his votes shall be invalid. Explanation:- ln this section, the expression "Assembly Constituency" shall mean a constituency provided by law lor the purpose of elections to the Telangana Legislative Assembly."

7. In the light of the said procedure and submissions made by both the leamed Standing Counsel appearing for l" respondent as well as respondent Nos.2 to 5, this Writ Petition is disposed of permitting the petitioner to submit a I w.P.No.3744 of2025 representation along with Form-6 submitted by petitioner seeking inclusion of his name in the voters list, to 1" respondent, by tomorrow i.e., 12.02.2025 between 10:00 A.M. and 5:00 P.M., and on receipt of the said representation, I respondent shall consider the same and include the name of the petitioner in the voters list in respect of Chiragpally Village, Zaheerabad Mandal, Sangareddy District, in accordance with the procedure laid down under law, within three (3) days thereafter.

8. With the aforesaid directions, this Writ Petition is disposed of. There shall be no order as to costs. Miscellaneous applications, if any pending, shall stand closed. SD/-P. PADMANABHA RE DY ASSISTANT REGIS //TRUE COPY// SECTION OFFICER \ Hvderabad. SangareddY District. To'1. The Commissioner, 1st Floor, DTCP Buildings,Telangana Stat^e Election ' C;;;i;;6",-opp.'prt Building, A C. Guardi, Hvderabad-500004' 2. ihe C'hi;i Eib"tbi'ar om.", (Tel"langana State), 9[h Floor, B R'K R Bhavan' 3. i#"D'd;i Etection Officer cum District Collector and District Magistrate' +. i["Ei"cioiriRegistration officer and Revenue Divisional officer, 38- ' 2;[;*b;d Assdmblv Constituencv (SC), Sangareddv District' s. Ti" AsIGta"t Eiectorat ft;i;iai"; dffi.'drand"rahsiidar, 38- Zaheerabad o iji?6c'i"-sCik-r N.nncHnvENbRA Reoov, Advocate [-gPqc] ;. o;; ac 6 SRi C.SuonEEn RAo, sc for Telangana state Election a. o"" CCi" skt rraoHnrr,lH,tED otvlER FARooQ, SC for Electoral I Assemblv Constituency (SC). Sangareddy Drstrlct. Commission.[OPUC] Registration. [OPUC] Two CD Copies. BSK BS , I CC TODAY ltiE EIA ll0 \\ >.n NEBEf1 ( o \ HIGH COURT DATED:1 110212025 ORDER WP.No.3744 ot 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS I u B\'{-