The High Court · 2025

3. Smt. Thokala Janamma, Wio Late T. Laxmaiah, Aged about 49 years, Occ. l\,4unicipal Counselor, Rl/o.Chandur Village and lt/andal, Nalgonda District. AND 1 The Union of lndia, Ministry of Law Department of Legal Affairs Rep., by its Solicitor General, lndia New Delhi. 2 The Chief Election Commissioner, Telangana State, at Hyderabad- .,.PETITIONERS The District Collector/District Election Officer, Nalgonda District. 3 4. The Revenue Divisional Officer Cum Electoral Registration Officer, Chandur Division, Nalgonda District. ..RESPONDENTS Petitlon under Article 226 of the Constitution of lndia 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 declaring the against the Respondent No. 4 in rejection of application s D1.211OG12024 tiled under Form-8 of Election Commission of lndia for shifting of residences/co rrection of entries in existing election roll with a reason that, Applicants not residing on the proposed address is illegal, arbitrary and violation of articles 14, 15,21 of constitution of lndia as well as violation of Rule 13(3) and 26 of Registration of Electors Rules, 1960, consequently direct the Respondents to transfer/shift the Petitioners electoral roll from the existing electoral roll of Chandur Village and [/andal, Nalgonda District to electoral roll of Uduthalapally Village, Chandur Mandal, Nalgonda District. lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumst;:nces stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent No.4 and 3 to consider the petitioner,, s applications Dt:21-06-2024 filed uncer Form-B of Electron commission of lndia fcr shifting of res idences/correctio n cf entries in existing election roll and shift/transfer the Petitioners from the existing electoral roll of Chandur V llage ;rnd I\,4andal, Nalgonda District to electoral roll of Uduthalapally Village. char:dur IVlandal. Nalgonda District. Counsel for the Petitioner: SRI RAPOLU BHASKAR Counsel for the Respondent No.1: SRI GADI PRAVEEN KUMAR, Dy. SOLICITOR GENERAL OF INDIA Cqunsel for the Respondent No.2 to 4: ASST. Gp FOR REVENUE The Court made the following: ORDER HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.31446 of 2o24 ORDER: This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief: ".. . . to issue an appropriate Wi\ order or direct[on more pafticularlg one in the noture of Wit of mandamus declaing the against the Respondent No.4 in rejection of applications Dt 21/06/2024 filed under Form-B of Election Commission of India for shifting of residences/ correction of enties tn eisting election roll tuith a reason that Applicants not residirlg on the proposed address is illegal, arbitrary and uiolotion of Articles 14, 15, 21 of constitution of India as tuell as uiolotion of Rule 13(3) and 26 of Registration of Electors Rules, 1960 consequentlg direct the Respondents to trctnsfer/ shtft the Petitioners electoral roll from the eisting electoral roll of Chandur Village ond Mandal, Nalgonda Distict to electoral rotl of Uduthalapallg Village, Chandur Mandal, Nolgonda Distict...."

2. Considered the submissions of the learned counsel for the respective parties and perused the record.

3. It is stated that the petitioners are the residents of Chandur Village and Mandai, Nalgonda District and in the year 2023, they have constructed a dwelling unit at Uduthalapally Village of Chardur Mandal and the Grampanchayat authorities have issued Door No.2-55-4.1 and they are regularly paying the property tax to the authorities. It Z is further stated that as the petitioners u'erc resrding at Ucluthalapalh, ViLlage, they have submitted applications through Form 8 of Election Commission of India by duly enclosing all the clocuments.to transfer their electoral l'o1l lrom Chandur Village to Uduthalapally Village, but respond':nt No'4 has rejected ttre said applications stating that the pe titioners are not residing at Uduthalapally Village.

4. Learned counsel for the petitioners submilted that since the petitioners have constructed a permanent l-r cuse in Uduthalapally Village and residing in the said pren-rises by regularly pay'ir-rg the property tax, they are entitled to seek transfer of electoral roll from Chandur Viliage to Udutllalapally Vi1lage.

5. In vieu, of the above, this Court is of the opinion that ends of justice \\'ould be met if the respondents are directed to examine the applications dated 21 .06.2024 submitteri by the petitioners, as expeditiously as possible, preferably, rn'ithin a period of four (4) weeks from the date of receipt of zr copy of this order. If the petitioners fulfill all the n ecessary requirements for transfer/ shift of their electoral ro11 lrom the -) existing electoral roll of Chandur Village and Mandal, Nalgonda District to electoral ro11 of Uduthalapally Village, Chandur Mandal, Nalgonda District, the respondents shall consider the same in accordance with the Rules in force and pass suitable orders

6. With the above observations this Writ Petition is disposed of. No order as to costs. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. //TRUE COPY// SD/.A.V.S.PRASAD ASSI TANT REGISTRAR SECTION OFFICER To, Division, Nalgonda District. Leoal Affairs lndia New Delhi.

1. The Solicitor General, The Union of lndia, Ir4inistry of Law Department of z ir.rE bn,"f efection Commissioner, Telangana State, at Hyderabad' 5. fh" Oisttl"iCollector/District Election Officer, Nalgonda District' i. f6" n"u"nre Oivisionat Officer Cum Electoral Registration Officer, Chandur s. onJCcto s"Rl RAPoLU BHASKAR, Advocate [oPt'cl 6. one cc to sRl GADI PRai)ELi'l xtiivrnC, or-sbllclToR GENERAL oF z. iwo.Cbs to C'p f On REVENUE, High Court for the State of Telangana' 8. Two CD Copies rNDrA [OPUC] BN GJP D HIGH COURT DATED:1010112025 / ORDER WP.No.31446 of 2024 -t liE ,gr {o |') \ f0 irj ?W t fi-iCriEtr * { t- $1 [- z DISPOSING OF THE WRIT PETITION WITHOUT COSTS B Crc,r' 8o-.- 6..\,r