IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE NINTH 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.7604 of 2009 Between: 1 Kundrapu Venku Naidu, S/o. Kundrapu Damudu, R/o. Door No. 2-107, Bogapuram Village, Achuthapuram Post and Mandal, Visakhapatnam District. 2 K. Vimala Kumari, W/o. Kundrapu Venkunaidu, R/o. Door No. 2-107, Bogapuram Village, Achuthapuram Post and Mandal, Visakhapatnam District. 3 Kundrapu Ammakana, W/o. Kundrapu Damudu, R/o. Door No. 2-107, Bogapuram Village, Achuthapuram Post and Mandal, Visakhapatnam District. ..... PETITIONERS AND 1 The Chief Election Officer, State of Adnrha Pradesh, Hyderabad. 2 The District Collector, and District Election Officer, Visakhapatnam, Visakhapatnam District. 3 The Revenue Divisional Officer/ Election Registration Office Narsipatnam, Visakhapatnam District. 4 The Tahasildar, Achutapuram Mandal, Visakhapatnam 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 to issue an appropriate writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in deleting the names of Petitioners from voters list of Bogapuram Village, Achuthapuram Post and Mandal, Visakhapatnam District without issuing any notice and affording an opportunity is illegal, arbitrary and violative of principles of natural justice and consequently to direct the respodnents to permit the petitioners to participate in the elections i n Bogapuram Village, Achuthapuram Post and Mandal, Visakhapatnam District by exercising their franchise to be held on 16-04-2009 and include the names of the petitioners in the voters list of Bogapuram Village, Achuthapuram Post and Mandal, Visakhapatnam District and pass Counsel for the Petitioner:MR.P.CHANDRA SEKHAR REDDY Counsel for the Respondent No.: MR.S.NIRANJAN REDDY The Court made the following: Form-NIC-OGS/WP{SPJS} THE HON'BLE MR JUSTICE V.ESWARAIAH & THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT PETITION No.7604 of 2009 ORDER: (per Hon’ble Sri Justice V.Eswaraiah) It is the case of the petitioners that they are the permanent residents of Door No.2-107, Bogapuram village, Acthuthapuram Post and Mandal, Visakhapatnam District which comes under Elamanchili Assembly Constituency. Their names were found in the voters list at Sl.Nos.856, 853 and 854 of Elamanchili Assembly Constituency, but in the final electoral list prepared in the month of January, 2009 their names were deleted. It is stated that they made a representation on 11.02.2009 before the 2nd respondent-District Collector, Visakhapatnam and the 2nd respondent-District Collector, vide his letter dated 18.02.2009, directed the 3rd respondent-Revenue Divisional Officer, Narsipatnam to cause a detailed enquiry into the contents of the said representation and take necessary action as per the Registration of Electors Rules, 1960 and the Representation of People Act, 1950. It is stated that in spite of the said direction, the 3rd respondent-Revenue Divisional Officer did not conduct an enquiry and their names were not included in the voters list. Therefore, the petitioners pray for a Writ of Mandamus directing the respondents to permit them to exercise their franchise on 16.04.2009. Without expressing any opinion on the merits of the case, we are of the view that there cannot be any amendment, inclusion or deletion of any entry in the electoral rolls after the last date for making nominations. In the instant case the last date for making nominations is 30.03.2009, which has already expired. Therefore, in view of the statutory bar under Sec.23(3) of the Representation of People Act, 1950 for inclusion of names after the last date for making nominations, we are not inclined to grant any relief to the petitioners. The Writ Petition is accordingly dismissed. No order as to costs. _____________________ V.ESWARAIAH,J ____________________________ SANJAY KUMAR,J Dated: 09.04.2009 Dsr .... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Chief Election Officer, State of Adnrha Pradesh, Hyderabad. 2 The District Collector, and District Election Officer, Visakhapatnam, Visakhapatnam District. 3 The Revenue Divisional Officer/ Election Registration Office Narsipatnam, Visakhapatnam District. 4 The Tahasildar, Achutapuram Mandal, Visakhapatnam District. 5 2. 2CCs to 6. 2CD copies