Marupudi Surendranath & Ors. vs The State Election Commission, Andhra Pradesh & Ors.

Heard Sri O. Manohar Reddy, learned Senior Counsel appearing for Ms. Jyothi Ratna Anumolu, learned counsel for the petitioners; learned Government Pleader for Municipal Administration and Urban Development, appearing for respondents, Sri N. Ashwini Kumar, learned Standing Counsel appearing for respondent No.1, Sri Vankayalapati N. Praveen, learned Standing Counsel appearing for respondent No.3 and Sri D. S. Sivadarshan appearing for respondent Nos.7 & 8.

The petitioners contend that they are currently residing in Guntur city. In 2008, they moved from Ponnur to Guntur. However, for business purposes, they resided in Hyderabad for some time and have now moved to Guntur to settle down.

The 1^st petitioner proposes to contest the upcoming Guntur Municipal Corporation Elections for the post of Mayor, in this regard, it is contended that their names in the electoral roll are reflecting in the Ponnur Assembly Constituency. Therefore they seek to have their names included in the electoral roll of Guntur Assembly Constituency. In furtherance thereof, the petitioners filed an application in Form-7 for deletion of their names in the Ponnur Assembly Constituency and filed a Form-8 application for enrollment in the Guntur Assembly Constituency. Accordingly, the 5^th respondent had enrolled them in the Guntur West Assembly constituency. The petitioners were given to understand that their names would not be included in the electoral roll of the ensuing Urban Local Body Elections, as the qualifying date for such incorporation was 01.01.2026. It is contended by the petitioners, placing reliance on the provisions of Section 12(1) of the A.P. Municipal Corporations Act and Sections 22 and 23 of the Representation of the People Act, 1950, that, until the issuance of the election notification, the respondents are obligated to enroll and accordingly publish the list of voters. It is further contended that the Election Commission, by its Circular dated 01.10.2026, had instructed all the Chief Electoral Officers that voter enrollment is a continuous process and that any person not yet enrolled may apply at any point of time, and the Electoral Registration Officer is the competent authority to decide such cases under the 1950 Act and the Registration of Electoral Rules. In this regard, the petitioners had approached the respondents by way of a representation seeking publication of their names in the electoral rolls. Since the election notification has not yet been issued, the petitioners pray for inclusion of their names in the electoral rolls. The petitioners have also filed a screenshot of their application status, downloaded from the web portal. A perusal of the same reflects that the application was accepted on 15.09.2026. As the representation of the petitioners has not yet been considered, the petitioners have approached this Court by way of an instant Writ Petition, apprehending that the election would be issued shortly.

The learned Senior Counsel Sri O. Manohar Reddy, appearing for the petitioners contends that Sec.12 of the A.P. Municipal Corporations Act, 1955, provides that additions or deletions, or transpositions in the Electoral Roll of the Assembly Constituency made by the Electoral Registration Officer under Sec.22 and 23 of the Representation of the People Act, 1950, up to the date of election notification for any election held under the APMC Act shall be carried out in the electoral roll of the Corporation. Any such names included shall be added to the Part relating to the concerned Ward. In light of the clear and unambiguous provisions of the Act, the respondent authorities cannot ignore the said provisions, if any individual submits an application seeking transposition. It is contended that, under the A.P. Municipal Corporations Act and the Representation of the People Act, 1950, the respondent authority is obligated to incorporate all available voter names until the election notification is issued. He further argues that the provisions of Representation of the People Act, further provides for such inclusion till the last date of the nominations. Having regard to the same, it is contended that the respondents have got every authority to entertain an application received for inclusion or deletion, transposition till the date of filing of nominations. The powers conferred on the authority under the Act are wide and the same cannot be interpreted in a narrowed manner. Accordingly, since the petitioners filed the applications as early as 08.09.2026, prays for a direction to the respondents to consider the request of the petitioner for inclusion of their names in the electoral roll before the notification is issued for the Urban Local Bodies.

The learned Standing Counsel Sri N. Ashwani Kumar, appearing for the respondent Commission argues that the Election Commission of India is proper and necessary party to the Writ Petition. Without impleading the ECI, the Writ Petition is not maintainable. The State Election Commission would be abide by the Circulars, Notifications issued by the ECI. Any inclusions and publication of the electoral roll would be in accordance with the latest notification dated 15.09.2026, and any further additions to the electoral roll, if any, is required to be made having regard to the provisions of Sec.12 of the A.P.M.C. Act and the Rules, before the election notification is issued, the same would be published be by way of a supplementary roll.

Considered the submissions.

Having regard to the rival contentions advanced, as the 1^st petitioner is stated to have been proposing to contest in the ensuing Municipal elections. As it is expressed at the Bar that the election Notification for conducting of elections to ULBs would issued soon, in light of the provisions of Section 12 of the A.P. Municipal Corporation Act, read with Rule 3 of A.P. Municipal Corporation Preparation and Publication of Electoral Rules, 2001, and the provisions of Representation of the People Act,1950, having regard to the status of the application of the petitioners, as reflected in the portal displaying the application of the petitioners being accepted on 15.09.2026, this Court deems it appropriate to direct respondent Nos.1, 3 and 4 or the authorized officer in the said regard, to pass appropriate orders on the representation of the petitioners dated 05.10.2026 forthwith to publish the name of the petitioners in the photo electoral rolls before the election notification for Urban Local Bodies is issued.

With the above directions, the Writ Petition is disposed. There shall be no order as to costs.

As a sequel, miscellaneous applications pending, if any, shall also stand closed.