IN THE HIGH COURT OF JUDICATURE, ANDHR …

1 (SHOW CAUSE NOTICE BEFORE ADMISSION). IN THE HIGH COURT OF judicature , ANDHR APRADESH AT. HYDERABAD. FRIDAY, THE TWENTY SEVENTH DAY OF OCTOBER TWO. THOUSAND AND SIX. PRESENT: THE HON'BLE: SRI SINGHVI THE CHIEF JUSTICE. AND. THE HON'BLE; SRI JUSTICE REDDY. WRIT PERITION NO. 22221 of 2006. Between : Moorthy, S/o. Late Chinnaiah.. PETITIONER. AND. 1. election Commission of India, Nirvachan Sadan, Ashoka Road, New Delhi 110 001, rep. by its Secretary. 2. Chief Electoral Officer, & Ex-Officio Principal Secretary to Govt., GAD (Elections-E) Dept., Secretariat, Hyderabad RESPONDENTS. Whereas the petitioner above named through his Advocate Sri A. Ramalingeswara Rao, presented this writ 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 any appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the guidelines in para 4 in III issued by the Ist Respondent for enumeration for graduate constituencies as illegal and void and consequently direct the respondents to accept the applications of its employees in bulk from any Gazetted Head of Office, Statutory Body, Corporation or Public Undertakings as was done in respect of Teachers and to accept certified copies of the recognized degrees/diplomas from Gazetted Officers in respect of other registration in respect of Graduate constituencies for preparation of electoral rolls for Legislative Council for its Graduates' Constituencies.

2 AND WHEREAS the High COURT upon hearing the arguments of Sri Rao, Advocate for the Petitioner and perused the record and of Shri Sarathy accepts notice on behalf of election Commission of India Respondent and of for election Department accepts notice on behalf of Chief Electoral Officer and Ex- Officio Principal Secretary to Government, GAD (Elections-E) Department Respondent directed issue of notice of motion to the Respondents for 31-10-2006 for final disposal of the writ petition. You viz., 1. The Secretary, election Commission of India, Nirvachan Sadan, Ashoka Road, New Delhi 100 001. 1. 2. The Chief Electoral Officer & Ex-Officio Principal Secretary to Govt., GAD (Elections-E) Dept., Secretariat Buildings, Secretariat, Hyderabad. are directed to show cause on or before 31-10-2006 to which date the case stands posted as to why in the circumstances set out in the petition and the affidavit filed therewith (copy enclosed) this writ petition should not be admitted.

3 The Counter affidavits be filed by 31-10-2006 after giving advance copy to the counsel for the petitioner. The COURT have fixed the case for 31-10-2006 keeping in view the peculiar nature of the relief sought by the petitioner. Note : Post on 31-10-2006. Sd/- KUMAR. ASSISTANT REGISTRAR. // TRUE COPY//. for ASSISTANT REGISTRAR. To 1. The Secretary election Commission of India Nirvachan Sadan, New Delhi. 2. The Chief Electoral Officer & Ex-Officio Principal Secretary to Govt., GAD (Elections-E) Dept., Secretariat Buildings, Secretariat, Hyderabad.(1 & 2 by RPAD alongwith a copy of Petition and Affidavit). 3. Two CC's to for election Department, High COURT of , Hyderabad (OUT). 4. One CC to Sri A. Ramalingeswara Rao, Advocate (OPUC). 5. Two Spare Copies 2. IN THE HIGH COURT OF judicature OF ANDHR APRADESH. AT HYDERABAD. WRIT PETITION NO. 22221OF 2006. Between : Moorthy, S/o. Late Chinnaiah. Hindu, aged about 67 years, Business, Resident of C-841, NGOs Colony, Vanasthalipuram, Hyderabad 500 070.

4 PETITIONER. AND. 1. The election Commission of India, Nirvachan Sadan, Ashoka Road, New Delhi 110 001 rep. by its Secretary. 2. The Chief Electoral Officer & Ex-Officio Principal Secretary to Govt., GAD (Elections-E) Dept., Secretariat Buildings, Secretariat, Hyderabad . RESPONDENTS. AFFIDAVIT FILED BY THE PETITIONER. I, Moorthy, S/o. Late Chinnaiah, Hindu, Male, aged about 67. years. Occ. Business, resident of C-841, NGO's Colony, Vanasthalipuram, Hyderabad 500 070, do hereby solemnly and sincerely affirm and state as follows: 1. I am the petitioner herein and as such I am well acquainted with the facts of the case. 2. I submit that I retired as Superintendent. Accounts Branch. Office of the Director of Printing & Stationery, Chanchalguda, Hyderabad. During my service I held the post of General Secretary, NGO's Association and Chairman. Joint Council of Associations and Unions. After my retirement, I. formed a Bank named Bhavana Rushi Urban Coop.

5 Bank Ltd. in the year 1997 and became its Chairman. I also organized State Urban Coop. Banks' Federation Ltd. and became its President. I am also closely associated with various social organizations and actively participating in social, political and cultural activities in general and cooperative movement in particular. I intend to contest as a Member to Legislative Council in the 3. ensuing elections from the Graduates Constitutency of Mahabubnagar, Ranga Reddy and Hyderabad Districts. 3. I submit that the Legislative Council Act, 2005 ( of 2006). was passed by the Parliament providing for the creation of Legislative Council for the State of Andhra Pradesh. It provided for filling up of 90. seats by persons elected by the electorates referred to in sub-clauses (1), (b), (c), (d) and (e) of Clause 3 of Article 171. They are as follows: (a) Municipalities, District Boards and other local authorities 31. Electorate (b) Graduate Electorates 8.

6 (c) Electorates of persons engaged in attaching any 8. educational institutions not lower than that of Secondary School (d) Elected by Members of the Legislative Assembly 31. (e) Nominated by the Governor 12. 90. The election to the categories (a) to (d) mentioned above shall be held in accordance with the system of proportional representation by means of the single transferable vote. Sub-section 3 of of Legislative Council Act, 2005 further states that as soon as may be after the commencement of the Act, the President after consultation with the election Commission shall by order determine the constituencies into which the State of Andhra Pradesh shall be divided for the purpose of elections to the State Council under each of the said categories the extent of constituency and the number of seats to be allotted to each constituency. Accordingly, the Delimitation of Council Constituencies (Andhra Pradesh). Order, 2006 was made by the President in consultation with the election Commission as per which the following Graduates Constituencies and the number of seats allotted to each such constituency was determined.

7 Name of the Constituency Extent of the Number of Constituency seats Srikakulam- Vizianagaram Srikakulam Vizianagaram, 1. Visakhapatnam Graduates Visakhapatnam East-West Godavari East Godavari, West 1. Graduates Godavari Krishna-Guntur Graduates Krishna, Guntur 1. 4. Prakasam-Nellore-Chittoor Prakasam, Nellore, 1. Graduates Chittoor Kadapa-Ananatapur-Kurnool Kadapa, Anantapur, 1. Graduates Kurnool Mahabubnagar-Ranga Mahabubnagar, Ranga 1. Reddy Hyderabad Reddy, Hyderabad Graduates Medak-Nizamabad- Medak, Nizamabad, 1. Adilabad-Karimnagar Adilabad, Karimnagar. Graduates Warangal-Khammam- Warangal, Khammam, 1. Nalgonda Graduates Nalgonda 4. The election Commission of India has decided to prepare the Electoral Rolls of the concerned Graduates' and Teachers' Constituencies as required under of the Representation of People Act, 1950. Rule 31 of the Registration of Electors Rules, 1960 deals with the rolls of Graduates' and Teachers' constituencies.

8 Sub-rule 1 states that the roll of every Graduates and Teachers constituencies shall be prepared in such form manner and language or languages as the election Commission may direct. Sub-rule 2 states that the roll shall be divided into convenient parts which shall be numbered consecutively. Sub-rule 3 provides that for the purpose of preparing the Roll the Registration Officer shall on or before the Ist October issue a public notice calling upon every person entitled to be registered in that roll to send to or deliver at his office before the 7th day of November or next following day an application in Form-18 or Form-19 as the case may be for inclusion of his name. Sub-rule 4 states that the said notice shall be published in two news papers having circulation in the constituency and republished in them once on or about 15th October and again on or about 25th October. Accordingly, a preparation of Electoral Roll of concerned Graduates and Teachers Constituencies was undertaken with reference to Ist Novermber, 2006 as the qualifying date in accordance with the following programme: Sl.

9 No. Activities Period/Date 1. Issue of public notice under rule 31(3) 29-9-2006 (Friday). of the Registrations of Electors Rules 1960. 2. First Republication of notice in News 16-10-2006 (Monday). 5. Papers under Rule 31(4). 3. Second Republication of notice in 24-10-2006 (Tuesday). News Papers under Rule 31(4). 4. Last date of receipt of applications in 6-11-2006 (Monday). Form 18 or Form 19 as the case may be 5. Period for the preparation of 20-11-2006 (Monday). manuscripts and printing of draft roll. 6. Draft publications of Electoral Rolls 22-11-2006. (Wednesday). 7. Period for filling claims and objections 22-11-2006. (Wednesday) to (Thursday). 8. Date by which the claims and 27-12-2006. objections shall be disposed of and (Wednesday). supplements be prepared and printed. 9. Final publication of Electoral Rolls 29-12-2006 (Friday). The qualification prescribed by an Elector in Graduates Constituency are- 1) on the qualifying date, he should have been ordinarily resident in the constituency.

10 2) He should have been for atleast 3 years, before the qualifying date, either a Graduate of an University in the territory of India or in possession of any of the qualifications notified by the State Government as equivalent to that of a Graduate in an University in India. The eligibility of a person for enrolment in a Graduate Constituency will be determined having regard to the provisions of Article 171 (3)(a) of the Constitution and Sections 27(3)(a), 27(5)(a) and 27(6)(a) of the Representation of People Act, 1950. The Commission has prescribed that the applicant should submit the required documents in support of their educational qualifications for inclusion of names in a Graduate Constituency in Form 18 under Rule 31(3) of Registration of Electoral Rolls, 1960. It was further stated that the applications in bulk whether submitted in person or by post will not be considered for inclusion by the concerned Electoral Registration Officer.