IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTIETH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH & THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT PETITION No.8129 of 2009 Between: Sri Krishna Devan Yadav S/o. Krishnan R/o. 1-1272/1, Upstairs, Nalanda Nagar, CMSN Road No.4, B.V. Reddy Colony, Extension, Chittoor - 1. ..... PETITIONER AND 1 The Chief Election Commissioner of India Election Commission of India Nirvachan Sadan, New Delhi. 2 The Chief Electoral Officer State of A.P. III Floor, Budda Bhavan, Secunderabad. 3 The District Election Officer cum District Collector Chittoor. 4 The Returning Officer Chittoor Assembly Constituency (291) Chittoor. .....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 to issue an order, direction or a Writ more particularly in the nature of Writ of Mandamus by declaring the order passed by the District election Officer cum District Collector, Chittoor, No.ROC H2/2840/09, dt.10-4-09, which is based upon the orders of 1st & 2nd Respondents as arbitrary, discriminatory, undemocratic, without application of mind and malice in Law being violation of Article 14 and 21 of the Constitution of India and consequently direct the Respondents No.1 to 4 to furnish voter's list of 291, Chittoor Assembly Constituency, Chittoor, at free of cost to the petitioner forthwith to enable him to make effective campaigning for his candidature in the election due to be held on 23-04-09 or on any date election will be held. Counsel for the Petitioner: MS.G.RAJANI KUMARI Counsel for the Respondent No.: MR.S.NIRANJAN REDDY The Court made the following: Form-NIC-OGS/WP{KBJ} THE HON'BLE MR JUSTICE V.ESWARAIAH & THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT PETITION No.8129 of 2009 ORDER: (per Hon’ble Sri Justice V.Eswaraiah) The petitioner questions as discriminatory, the proceedings issued by the 3rd respondent-the District Election Officer-cum-District Collector, Chittoor with regard to supply of a complete set of Electoral Rolls free of cost to the contesting candidates of recognized National and State Political Parties while insisting upon payment of Rs.6,892/- for supply of such a set of Electoral Rolls to the petitioner, who is a candidate set up by an unrecognized political party. Sec.78-A of the Representation of the People Act, 1951 provides for supply of one set of Electoral Rolls without cost to the candidates of the recognized political parties but there is no such facility enabling independent candidates and candidates sponsored by the unrecognized political parties to seek supply of Electoral Rolls free of cost. Therefore, we are unable to accept the contention of the learned counsel for the petitioner that the proceedings issued by the 3rd respondent are discriminatory and illegal. The petitioner has not questioned the validity of Sec.78-A of the Act. There are no merits in the present writ petition. The writ petition is accordingly dismissed. No order as to costs. _____________________ V.ESWARAIAH,J ____________________________ SANJAY KUMAR,J Dated: 20.04.2009 Dsr .... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Chief Election Commissioner of India Election Commission of India Nirvachan Sadan, New Delhi. 2 The Chief Electoral Officer State of A.P. III Floor, Budda Bhavan, Secunderabad. 3 The District Election Officer cum District Collector Chittoor. 4 The Returning Officer Chittoor Assembly Constituency (291) Chittoor. 5 2. 2CCs to 6. 2CD copies