IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TENTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT HON'BLE THE CHIEF JUSTICE ANIL R. DAVE AND HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No. 25130 of 2008 Between: Muppavarapu Srinivasa Rao, S/o. Sri Venkaiah, R/o. 2-51, Devarampadu Village, Ongole Rural Mandal, Prakasam District. ...Petitioner And 1. The Election Commission of India, Nirvachan Sadan Ashok Road, New Delhi, represented by Chief Election Commissioner. 2. Election Commission of India, Andhra Pradesh, represented by its Chief Electoral Officer, Secretariat, Hyderabad. 3. The State of Andhra Pradesh, represented by its Chief Secretary to Government, Secretariat, Hyderabad. 4. District Election Officer & Collector, Prakasam District. 5. Electoral Registration Officer & Revenue Divisional Officer, Ongole Division, Prakasam District. 6. Assistant Electoral Registration Officer and Tahsildar, Ongole Mandal and Town, Ongole Assembly Constituency, Prakasam District. 7. Sri P.B. Gupta, S/o. Not known, Revenue Divisional Officer, Ongole Revenue Division, Prakasam District. 8. T. Chiranjivi, S/o. Not known, Presently working as Tahsildar, Ongole Mandal & Town, Prakasam District. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein the High Court will be pleased to issue a writ or order preferably in the nature of Writ of Mandamus and declare the action of the respondents herein in preparing voters list for Ongole Assembly Constituency as illegal and contrary to law and consequently set aside the Ongole Assembly Constituency Voters List prepared on 30-9-2008 and consequently direct the respondents herein to prepare the said voters list in confirmation with law and consequently direct the 1st respondent herein to take criminal and disciplinary action against respondent Nos.7 and 8 for violating the Election Rules and consequently pass such other action as are deemed fit and proper. Counsel for the petitioner : Dr.K. Lakshmi Narasimha Counsel for respondent Nos.1 and 2 : Smt. C. Jayasree Sarathy Counsel for respondent Nos.3 to 6 : Government Pleader for General Administration Counsel for respondent Nos.7 and 8 : None The Court made the following: ORDER: (Per Anil R. Dave, C.J.) By way of this public interest litigation, the petitioner has brought to the notice of this Court that while preparing voters list for Ongole Assembly Constituency, several mistakes have been committed. At the time of hearing of this petition, learned Advocate, Mrs. C. Jayasree Sarathy has appeared for respondent Nos.1 and 2, whereas learned Government Pleader for General Administration, Sri K. G. Krishna Murthy, has appeared for respondent No.5. A counter affidavit has also been filed by the concerned respondents and at the time of hearing of this petition, it has been fairly submitted that upon knowing the mistakes committed in the preparation of the voters list, respondent No.2 has now prepared a new schedule with regard to the final publication of electoral rolls. It has been submitted that the publication made on 1st December, 2008 of the voters list would be treated as a draft publication and another schedule for special summary revision 2009 has been published, whereby final publication of the electoral rolls would be made on 10th January, 2009. Thus, it has been clarified by the learned Advocates appearing for the respondents that the concerned respondents would consider the claims and objections which might be filed and ultimately revised final electoral rolls shall be published on 10th January, 2009. It has also been submitted that the objections which might be filed shall be taken into consideration before finalizing the electoral rolls. We are sure that the objections which have been filed and which will be filed shall be duly considered by the concerned authorities before the electoral rolls are finalized. In view of the above development in the matter, the grievance ventilated in the petition does not survive and, therefore, the petition is disposed of. ANIL R. DAVE, C.J. 10th December, 2008 R. SUBHASH REDDY, J. ……REGISTRAR To 1. The Chief Election Commissioner, Election Commission of India, Nirvachan Sadan Ashok Road, New Delhi. 2. Chief Electoral Officer, Election Commission of India, Andhra Pradesh, Secretariat, Hyderabad. 3. The Chief Secretary to Government, Govt. of Andhra Pradesh, Secretariat, Hyderabad. 4.The District Election Officer & Collector, Prakasam District. 5. The Electoral Registration Officer & Revenue Divisional Officer, Ongole Division, Prakasam District. 6. The Assistant Electoral Registration Officer and Tahsildar, Ongole Mandal and Town, Ongole Assembly Constituency, Prakasam District. 7. Two copies to the Govt. Pleader for General Administration, High Court Buildings, Hyderabad (OUT). 8. Two C.D. copies. ARS