Andhra Pradesh High Court - Amravati
Heard Sri Gundala Siva Prasada ... vs Unknown on 29 December, 2022
THE HON'BLE SRI JUSTICE RAVI NATH TILHARI
WRIT PETITION No. 42341 OF 2022
JUDGMENT
1. Heard Sri Gundala Siva Prasada Reddy, learned counsel
for the petitioner. Notice has been accepted by Avinash Desai,
learned standing counsel for the respondents 1 to 5.
2. Sri D.S. Siva Darshan, learned counsel has appeared to
represent the learned standing counsel.
3. This writ petition has been filed for the following reliefs:
"It is therefore prayed that this Hon'ble Court may be
pleased to issue an order of direction more particularly
in the nature of Writ of Mandamus declaring the
inaction of the respondents for not verifying, not
removing the ineligible persons and not proper scrutiny
of the applications made for the enrollment for the
electoral roll of the erstwhile revenue districts of
Ananthapur, Kurnool, Kadapa Teachers Constituency
to the Member of Legislative (MLC) it is illegal, arbitrary
and unconstitutional and violation of Articles 14 & 19
of Constitution of India and consequently direct the
respondents to conduct proper enquiry and verification
of the applications of the teachers for enrollment of
Electoral roll to conduct fee and fair election to
strengthen the democracy and pass necessary orders."
4. Learned counsel for the petitioner submits that the
Electoral Rolls of the two Teachers' Constituencies of Andhra
Pradesh Legislative Council, 1) Prakasam, Nellore, Chittoor
Teachers and 2) Kadapa, Ananthapur and Kurnool Teachers are
being prepared. He submits that the petitioner, is the official
representative of "Rastra Jatheeya Upadhyaya Parishath",
Andhra Pradesh and has submitted a representation dated
18.11.2022 to the Chief Election Commissioner, Election
Commission of India, New Delhi-1st respondent with respect to
the irregularities in preparation of the Electoral Rolls but no
action has been taken.
5. A perusal of the Memo No.1187/Elecs.B/A2/2022-1
dated 28.09.2022 on the subject, from the office of the Chief
Electoral Officer, Andhra Pradesh shows that for preparation of
fresh Electoral Rolls of those Constituencies the schedule was
notified and as per the schedule, the draft publication of
Electoral was on 23.11.2022 and the period for filing of claims
and objections was from 23.11.2022 to 09.12.2022. On a
specific query made to the learned counsel for the petitioner, if
any objection was filed by the petitioner, he submits that only a
representation was submitted on 18.11.2022 to the Chief
Election Commissioner and any objection against the draft
publication has not been filed by the petitioner. There is also no
pleading with respect to filing of the objections by the petitioner
as per the notified schedule.
6. Learned counsel for the petitioner submits that some
improper applications, have been considered by the respondents
on the last date of receipt of the applications.
7. The pleadings in the writ petition are vague and not
specific to point out even a single instance of alleged improper
applications or irregularities.
8. Learned counsel for the petitioner emphasis on the
documents at page Nos.24 and 25, to submit that the stamps of
the District Educational Officer were prepared hurriedly for the
purpose of affixation on the application of the teachers in Form
No.19. However, the authenticity of those documents which
allegedly contain different alleged seal and signature, as to from
where the petitioner got those documents and what are those
documents, has not been, even prima facie, established.
9. For all the aforesaid reasons, the writ petition being
misconceived is dismissed.
10. There shall be no order as to costs.
RAVI NATH TILHARI,J
Date:29.12.2022
Gk/Mh.
THE HON'BLE SRI JUSTICE RAVI NATH TILHARI
WRIT PETITION No.42341 OF 2022
Date:29.12.2022
Gk/Mh
