IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SIXTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE V.ESWARAIAH and THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO : 6024 of 2009 Between: 1 Ch. Satyanarayana Reddy, S/o. Hanumantha Reddy, R/o. H.No. 1-6, Kothapalli Village, Pudur Mandal, Ranga Reddy District. 2 Smt. Ch. Sandya, W/o. Satyanarayana Reddy, R/o. H.No. 1-6, Kothapalli Village, Pudur Mandal, Ranga Reddy District. ..... PETITIONER(S) AND 1 Chief Electroal Registration Officer-cum-Joint Collector & R.D.O. Chevella Division, Attapur, Ranga Reddy District. 2 The Electrol Registration Officer & Special Grade Deputy Collector & R.D.O. Chevella Division, Attapur, Ranga Reddy District. 3 Ch. Pratap Reddy, S/o. Buchi Reddy, R/o. Kothapalli Village, Pudur Mandal, Ranga Reddy District. .....RESPONDENT(S) 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 an appropriate writ order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the 1st respondent disposing of the Appeal No. 2009 (un-numbered) filed by the petitioners herein under Section 24 of Representation of the People act 1950 against the orders of the 2nd respondent rejecting to include the names of the petitioners in the electoral roles in PS 224 of Kothapalli Village of Pudur Mandal, Ranga Reddy District with in the limits of 54 Parigi Assembly constituency as arbitrary, illegal, capricious and violative of all Cannons of law and justice and consequently direct the 1st respondent to dispose of the appeal before the commencement of Election process for the forthcoming elections April, 2009. Counsel for the Petitioner: MR.SAI GANGADHAR CHAMARTY Counsel for the Respondent No.: GP FOR GENERAL ADMINISTRATION The Court made the following : ORDER: (Per V.Eswaraiah, J.) The writ petition is filed seeking writ of mandamus declaring the action of the 1st respondent in not disposing of the appeal filed by the petitioners under Section 24 of the Representation of People Act, 1950 against the orders of the 2nd respondent rejecting to include the names of the petitioners in the electoral roles in PS 224 of Kothapalli Village of Pudur Mandal, Ranga Reddy District, within the limits of 54 Parigi Assembly Constituency as illegal and arbitrary and consequently direct the 1st respondent to dispose of the appeal before the commencement of election process for the forthcoming elections April, 2009. Heard the learned counsel appearing for both the parties. Petitioners are the husband and wife. The case of the petitioners is that their application for inclusion of their names in the electoral rolls for Poling Station No.224 of Kothapalli village which is under 54 Parigi Assembly Constituency has been rejected by the Electoral Registration Officer – 2nd respondent herein on the ground that they are not ordinary residents of the Constituency within the meaning of Section 20 of the Representation of the People Act, 1950 (hereinafter for short referred to as ‘the Act’). It is stated that aggrieved by the said order of rejection in proceedings No.E1/20/2009, dated 9.1.2009, petitioners filed an appeal under Section 24 of the Act before the 1st respondent – Chief Electoral Registration Officer. But the said appeal is not yet disposed of. Petitioners seek writ of mandamus directing the 1st respondent to consider and dispose of the appeal filed by the petitioners on 23.1.2009. Having regard to the facts and circumstances of the case, we are of the opinion that in such matters the appeal is required to be disposed of on priority basis preferably before the last date of making nominations for an election in that constituency. The writ petition is, accordingly, disposed of directing the 1st respondent to consider and dispose of the appeal as expeditiously as possible without any delay. No order as to costs. ________________ V.ESWARAIAH, J. ________________ SANJAY KUMAR, J. 26.3.2009 kpr