Disposed

Danda Anil Kumar v. the Election Commission of India

Andhra Pradesh HC23 Nov 2023WP/30400/2023

Case brief

AI extract

What is this about?

Writ petition under Article 226 challenging rejection of voter registration application. Court disposed of matter at admission stage directing petitioner to file appeal with District Collector, mandating disposal within six weeks with an opportunity of hearing.

What did the court decide?

Directed District Collector to dispose of appeal within six weeks giving due hearing opportunity.

Danda Anil Kumar Vs the Election Commission… — Writ and Judicial Review | Andhra Pradesh HC (2023)

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction)

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THURSDAY, THE TWENTY THIRD DAY OF NOVEMBER TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HON'BLE SRI JUSTICE NINALA JAYASURYA

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Y c.

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WRIT PETITION NO: 30400 OF 2023

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Between:

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Danda Anil Kumar, S/o. Venkata Subbarao, Aged about 39 Years, Rio. Srinivasa Nilayam, Thimidithapadu Village, Karamchedu Mandal, Bapatia District (Erstwhile Prakasam District), Andhra Pradesh.

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...PETITIONER

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AND

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The Election Commission of India, Rep by its Chief Election Commissioner, Nirvachan Sadan, Ashoka Road, Pandit Pant Marg Area, Sansad Marg Area, New Delhi, Delhi -110001.

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The Chief Electoral Officer, Andhra Pradesh, Room No. 192, Ground floor. Building No.5, Andhra Pradesh Secretariat, Velagapudi, Amaravati -522238.

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The District Election Officer, The Collector and District Magistrate Bapatia, Collectors Office, Bapatia District, (Erstwhile Prakasam District).

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The Electoral Registration Officer, Parchur Assembly Constituency, Project Director, MEPMA, Bapatia District, (Erstwhile Prakasam District).

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The Assistant Electoral Registration Officer, Parchur Assembly Constituency, Tahsildar, Karamchedu Mandal, Bapatia District, (Erstwhile Prakasam District).

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The Booth Level Officer, The Thimidithapadu Village Secretary, Karamchedu Mandal Bapatia District, (Erstwhile Prakasam District).

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...RESPONDENTS

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents more particularly respondent No.6 in not including the name of the petitioner in electoral roil of Parchur Assembly Constituency by rejecting the application made by the petitioner vide Id No.SO1104062170823110014 on the ground that Address proof does not match the details filled and not considering the representations made by the petitioner to the Chief Electoral Officer, Andhra Pradesh dated 15.10.2023 and District^Electoral Officer dated 06.10.2023 as illegal, arbitrary, against the principles of Natural Justice and contrary to the Article 14, 21 and 326 of the Constitution of^India and consequently direct the respondents to include the petitioner nameⁱⁿ the electoral rolls of Parchur Assembly Constituency.

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IA NO: 1 OF 2023

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents to consider the representation dated 15.10.2023 sent by the petitioner to the Chief Electoral Officer.

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Counsel for the Petitioner: Mls. PILLA YASWANI

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Counsel for the Respondents: SRI D. SATYA SIVA DARSHAN, SC FOR APSEC

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The Court made the following: ORDER

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

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THE HON'BLE SRI JUSTICE NINALA JAYASURYA

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WRIT PETITION No.30400 OF 2023

Dt.23.11.2023

Between:-

Danda Anil Kumar

Petitioner

and

The Election Commission of India, Rep. by its Chief Election Commissioner, and others

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Respondents

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Counsel for petitioner Counsel for respondents:

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Ms.Yaswani Pilla

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Mr.D.Satya Siva Darshan Standing Counsel

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ORDER:

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Heard the learned counsel for the petitioner. Also heard the learned Standing Counsel appearing for the respondents. With their consent, the writ petition is being disposed of, at the stage of admission.

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Seeking to declare the action of the 6th respondent in not including the name of the petitioner in electoral rolls of Parchur Assembly Constituency and rejecting his application as illegal, arbitrary, etc., and for a consequential direction, the present writ petition is filed.

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Learned counsel for the petitioner submits that the petitioner is permanent resident of Thimidithapadu Village of Karamchedu Mandl, Bapatla District, resided at abroad on his job purpose and returned to India in 2019. She submits that on 17.8.2023, the petitioner made an application for Voter Id by enclosing the requisite documents viz., proof of address, proof of age, identity etc., and the petitioner attended in person before the^6th respondent i.e., Field Level Officer on 19.8.2023 and on subsequent dates, for verification of documents, but the^6th respondent rejected the application of the petitioner on 25.9.2023 on the ground that "Address proof does not match the details filled". She submits that as the^6th respondent, without verifying the documents rejected the application made by the petitioner, the present writ petition is filed. Learned counsel, however, fairly submits that in the meanwhile, the petitioner filed an appeal before the^3rd respondent on 06.10.2023 and even on the said appeal no action has been taken so far.

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Be that as it may. Learned counsel for the petitioner also submits that after filing of the writ petition, the petitioner received a communication dated 22.11.2023 from the 2nd respondent, wherein it is mentioned that the District Collector, Bapatla is the concerned Appellate Authority and the petitioner has to prefer appeal before the said Authority. In view of the same, she submits that the petitioner would file an appeal before the District Collector, Bapatla against the rejection of the petitioner's application and on filing the same, the concerned Appellate Authority may be directed to dispose of the appeal within the time stipulated by this Court.

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In view of the submissions made, the writ petition is disposed of, leaving it open to the petitioner to file an appeal before the District Collector, Bapatla against the rejection of the petitioner's application for inclusion of his name in the electoral rolls of Parchur Assembly Constituency and if the petitioner adopts such course of action, the District Collector, Bapatla shall pass appropriate orders, after giving due opportunity to the

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petitioner, as expeditiously as possible, at any rate, within a period of six (6) weeks from the date of receipt of appeal by the petitioner.

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With the above directions, the writ petition is disposed of. No order as to costs. Miscellaneous petitions

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pending, if any, shall stand closed.

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SD/- M. SRINIVAS ASSISTANT REGISTRAR

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//TRUE COPY/I

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(,/SECTION OFFICER

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The Chief Election Commissioner, Election Commission of India, Nirvachan Sadan, Ashoka Road, Pandit Pant Marg Area, Sansad Marg Area, New Delhi, Delhi -110001.

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The Chief Electoral Officer, Andhra Pradesh, Room No. 192, Ground floor. Building No.5, Andhra Pradesh Secretariat, Velagapudi, Amaravati -522238.

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The District Election Officer, The Collector and District Magistrate Bapatia, Collectors Office, Bapatia District, (Erstwhile Prakasam District).

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The Electoral Registration Officer, Parchur Assembly Constituency, Project Director, MEPMA, Bapatia District, (Erstwhile Prakasam District).

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The Assistant Electoral Registration Officer, Parchur Assembly Constituency, Tahsildar, Karamchedu Mandal, Bapatia District, (Erstwhile Prakasam District).

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The Booth Level Officer, The Thimidithapadu Village Secretary, Karamchedu Mandal Bapatia District, (Erstwhile Prakasam District).

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One CC to Ms. Pilla Yaswani, Advocate [OPUC]

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One CC to Sri D. Satya Siva Darshan, SC for APSEC [OPUC]

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Three C.D. Copies.

Cnr

HIGH COURT

DATED :23/11/2023

ORDER

WP.No.30400 of 2023

F AwDM~1 21 Nov²⁰²³ Current^Section DESPAtCN, ~.

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DISPOSING THE W.P.

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WITHOUT COSTS AT THE STAGE OF ADMISSION

Danda Anil Kumar v. the Election Commission of India

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Danda Anil Kumar v. the Election Commission of India

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