AI Structured Summary
Not yet generated for this judgment
Judgment
The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:-
“…pass orders particularly one in the nature of writ of mandamus under Article 226 of the Constitution declaring the inaction of respondents 2 and 5 in carrying out the corrections to the Electoral Roll published for Ward No 31 of Badvel Municipality-part 191 Vidyanagar H/o Chennam palli of 124 Badvel Assembly Segment as ultravires, arbitrary, illegal, misconceived, abuse of power and violative of Article 14, 19 and 21 of the of the Constitution of India and Section 22 of the Representation of People Act, 1950 and Section 11 of A.P. Municipaliities Act, 1965 and consequently direct the respondents to carry out the amendment to the Electoral Roll of Badvel Municipality accordingly….”
The case of the petitioner is that he has been enrolled as a voter in the electoral roll of Godugunoor Village, Badvel Mandal, under Booth No.187. However, due to his business activities, he has been residing at Door No.7-2-29-1, Vidyanagar, Badvel Municipality, for the past two years. With an intention to transfer his vote to Vidyanagar, Badvel Municipality, he submitted an application in Form-8, which was accepted, and a Voter ID card was also issued to him. However, upon verifying the electoral roll of Vidyanagar for the ongoing municipal elections, he found that his name was not included therein. Therefore, he submitted a representation dated 13.10.2026 to the Electoral Officer (RDO), Badvel Constituency, the District Election Officer (District Collector) and the Commissioner of Badvel Municipality, requesting them to correct the current voter list by including his name to the roster and restore his right to vote. As no action has been initiated on the said representation in accordance with the Section 11 of the A.P. Municipalities Act, 1965, the petitioner has approached this Court.
As per the proviso to Section 11 of the A.P. Municipalities Act, 1965, the electoral roll of a Municipality is required to be updated by incorporating the relevant changes made in the electoral roll of the concerned Assembly Constituency under Sections 22 and 23 of the Representation of the People Act, 1950, up to the date of the election notification. Such changes, including the inclusion of names, are required to be carried out in the electoral roll of the Municipality, and the names so included shall be added to the part relating to the concerned ward.
Heard learned counsel for the petitioner as well as Mr.N.Ashwin Kumar, learned Standing Counsel appearing for the State Election Commission, who has furnished a copy of the letter dated 14.10.2026 addressed by the Andhra Pradesh State Election Commission to the Chief Electoral Officer, Andhra Pradesh, General Administration (Elections) Department, requesting to provide hard copies of the supplements containing additions, deletions and modifications, along with photographs, relating to all 175 Assembly Constituencies in the State, for the period from 06.02.2026 up to 14.10.2026 and the said action would be initiated on the petitioner’s representation immediately after receiving the said information from the Chief Electoral Officer. It is further stated that, if the petitioner's name is included in the electoral roll of the Vidyanagar, Badvel Assembly Constituency and a Voter ID card has been issued to him, the respondents shall take necessary steps to include his name in the electoral roll of concerned ward of Badvel Municipality, in accordance with Section 11 of the A.P. Municipalities Act, 1965, after verifying the relevant records and as in accordance with law.
Considering the submissions made by learned counsel on either side, the Writ Petition is disposed of, directing the respondents to consider the petitioner's representation dated 13.10.2026 and take appropriate action, in accordance with law, for inclusion of his name in the electoral roll of Ward No.31 of Badvel Municipality, Part No.191, Vidyanagar H/o Chennampalli, if he is found eligible and his name is included in the electoral roll of the Vidyanagar, Badvel Assembly Constituency. The entire exercise shall be completed within two (2) days from today. There shall be no order as to costs.
Consequently, all pending miscellaneous applications, if any, shall stand closed.