IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT: THE HON'BLE SRI JUSTICE G. CHANDRAIAH WRIT PETITION No. 11611 OF 2010 DATE: 19.05.2010 Between: Kandi Shiva Lingam and another ......petitioners AND The Election Commissioner, Buddha Bavan, Hyderabad and others ......Respondents The Court made the following:- THE HON'BLE SRI JUSTICE G. CHANDRAIAH WRIT PETITION No. 11611 OF 2010 ORDER: This writ petition is filed seeking a writ of mandamus declaring the action of the respondents Nos. 1 to 4 in issuing the notification and publication of electoral rolls for election of casual vacancy of Ward No.4 of Ghatkesar Gram Panchayat by deleting the names of the petitioners and also others who are the valid voters of Ward No.4 and adding new voters from other wards as illegal, arbitrary and violative of Articles 14, 19 and 326 of the Constitution of India and in contravention of the provisions of the Andhra pradesh Panchayat Raj Act and consequently direct the respondents to prepare the electoral list as per the earlier voters list of ward No.4 along with the other eligible voters in Ward No.4. The case of the petitioners is that they are the registered voters’ in Ward No.4 of Ghatkesar Gram Panchayat holding valid election identity cards bearing Nos.GNH 2572782 and GNH 2572758 respectively issued by the Election Commission of India. In the last elections held for Ghatkesar Gram Panchayat on 06.10.2008 their names appeared in the final electoral roll published by the Mandal Parishad Development Officer, Ghatkesar Mandal - respondent No.3 in the electoral list of Ward No.4. It is stated that Mr.Abbasani Yadagiri Yadav was elected as Ward Member for Ward No.4 in the Panchayat elections held in the year 2008. Subsequently, he had resigned for the post of Ward Member vide his resignation letter dated 16.02.2010. Thereafter, his resignation was accepted and a fresh electoral roll was published for conducting the elections of Ward No.4, which was issued by the respondent No.3. The total number of voters is said to be 854, who have to exercise their franchise in two polling booths. As such, both the petitioners have verified the list available with the Executive Officer, Ghatkesar Village and Mandal, Ranga Reddy District - respondent No.4 and came to know that their names have been deleted from the voters list of Ward No.4. Hence, they filed the present writ petition. Heard the learned counsel for both sides. Learned counsel for the petitioners submitted that the petitioners are the registered voters’ in Ward No.4 of Ghatkesar Gram Panchayat. Consequent to the resignation of the elected representative of Ward No.4, the respondents contemplated to issue fresh notification for holding Gram Panchayat elections of Ward No.4, in which the names of the petitioners are not found, due to which, the petitioners will forfeit the right to exercise their franchise and allied rights. Therefore, the petitioners have approached this Court by way of filing this writ petition. The petitioners before approaching this Court should have made a representation before the authorities concerned stating that their names are not found in the voters’ list of Ward No.4 available with respondent No.4. Therefore, I deem it appropriate to give liberty to the petitioners to make a representation before the respondents ventilating their grievance. Accordingly, the Writ Petition is disposed of giving liberty to the petitioners to make an appropriate representation before the respondents within a period of two weeks from the date of receipt of a copy of this order and the respondents are directed to consider such a representation and dispose of the same in accordance with law. There shall be no order as to costs. ______________________ JUSTICE G. CHANDRAIAH Date: 19.05.2010 Note: Issue CC in four days (B/o) IVD/KH