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Judgment
Heard Sri T.C.Krishnan, learned counsel for the petitioners, learned Government Pleader for Panchayat Raj and Rural Development appearing for the respondent Nos.1 and 5, Sri N.Ashwani Kumar, learned Standing Counsel appearing for the respondent Nos.2 and 3, and Sri Sasanka Bhuvanagiri, learned Standing Counsel appearing for the respondent Nos.6 and 9.
The grievance of the petitioner in the instant writ petition is against the action of the respondent Nos.2 to 8 in not-deleting 41 votes as per enquiry made by the District Election Officer cum District Collector and Electoral Registration Officer cum Tahsildar, Kondapuram Mandal, SPSR Nellore District from Booth Nos.199 and 200 of Renamala Gram Panchayat of Kondapuram Mandal, Udayagiri Assembly Constituency.
The petitioners contend that they are permanent residents of Renamala Village, Kondapuram Mandal, SPSR Nellore District. The 3rd petitioner, intending to contest the office of Sarpanch of the subject Grama Panchayat, has approached the Booth Level Officers of the concerned village, bringing to their knowledge that as many as 83 voters have either been double-entered, have died, or have been shifted to some other villages. Therefore, an enquiry was requested in the said regard. A representation was also submitted to the District Election Authority. It is contended that pursuant to the representation, the Tahsildar had also conducted an inquiry. Accordingly, 41 votes have been removed from Booth Nos.199 and 200 of Udayagiri Constituency. Despite the same, no consequential orders have been passed deleting the said names from the electoral roll. Thus, the petitioner has approached this Court seeking the following relief:
“….to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus, to declare the action on the part of the respondents 2 to 8 in non-deleting 41 votes as per enquiry made by the District Election Officer cum District Collector and Electoral Registration Officer cum Tahsildar, Kondapuram Mandal, SPSR Nellore District from Booth Nos.199 and 200 of Renamala Gram Panchayath of Kondapuram Mandal, Udayagiri Assembly Constituency amounts to erroneous, arbitrary and violative of Articles 14 and 21 of the Constitution of India besides being several expressions expressed by this Hon'ble Court and also violative of principles of natural justice and consequently direct the respondents 2 to 8 to delete the votes of 41 based on enquiry held by the District Election Officer cum the District Collector and the Electoral Registration Officer cum Tahsildar, Kondapuram from the Electoral list of Renamala Gram Panchayath of Kondapuram Mandal, Udayagiri Assembly Constituency published dated 8.9.2026 in the interest of justice and to pass necessary order or orders....”
When the matter has been taken up for consideration, the learned Standing Counsel appearing for SEC has placed before the Court a copy of the instructions that have been received in the case. A perusal of the same reflects that vide notification No.25/SEC-B2/2026, dated 06.02.2026, the Andhra Pradesh State Election Commission issued notification for publication of Electoral Rolls for Grama Panchayats by adopting the Assembly Electoral Rolls with reference to 01.01.2026 as the qualifying date and to publish them by 09.03.2026. Subsequently, the qualifying date was extended up to 15.04.2026. Consequent to the issue of Election Notification No.905/SEC-B1/2026, dated 19.10.2026, the Andhra Pradesh State Election Commission has written to the Chief Electoral Officer, Andhra Pradesh vide Letter No.770/SEC-F2/2026-1, dated 14.10.2026 to provide the hard copies of supplements containing additions, deletions and modifications of all the 175 Assembly Constituencies in the State with photographs from 06.02.2026 to the specified dates. However, no such list has been received from CEO, AP, and the date of final publication of SIR has also been extended up to 30.11.2026.
It is further stated that Hon'ble Supreme Court of India issued directions in SLP No.35791/2026 dated 09.10.2026, that if the final electoral roll prepared by the Election Commission of India upon completion of the SIR is published before the date of notification of elections by the State Election Commission, such revised electoral roll shall be treated as the final electoral roll for the purpose of conducting elections. However, if for any reason, the final electoral roll pursuant to the SIR is not published before the date of notification of elections by the State Election Commission, the elections shall be conducted on the basis of the previously existing electoral roll, in accordance with Sections 11 and 12 of the Andhra Pradesh Panchayat Raj Act, 1994.
Having regard to the same, this Court deems it appropriate to dispose of the writ petition, directing the respondent No.2 – SEC that the publication of the Photo Electoral Roll in respect of the subject Gram Panchayat shall be in accordance with the provisions of Section 11 (1) of the Andhra Pradesh Panchayat Raj Act, 1994, and by taking into consideration the Circular dated 14.10.2026 issued by the SEC in the said regard.
With the above direction, the writ petition is disposed of. There shall be no order as to costs.
As a sequel, miscellaneous applications pending, if any, shall also stand closed.