- (1.) This is a petition under Article 226 of the Constitution of India for the issue of a writ of mandamus directing the Respondents, Inspector-General of Local Administration, Hyderabad, and the District Panchayat Officer, Anantapur, to prepare and publish proper Electoral Rolls for the Village Panchayat of Guttur, Penukonda taluk, Anantapur district, in accordance with the provisions of section 12 of the Madras Village Panchayats Act and then to hold and conduct the elections. The above Writ Petition was filed on 4th September, 1959 and it was admitted by Srinivasachari, J. On 4th September, 1959, the petitioner filed C.M.P. No. 8250 of 1959 to implead respondents 3 to 9. That application, not being opposed, was ordered by Anantanarayana Ayyar, J., on 3th August, 1960.
(2.) The petitioner is a resident in Ward No, 1 of Guttur village and a rate-payer. The panchayat has a strength of about 2,500 voters divided into four wards, which elect seven members in all to the Panchayat Board. The first elections of the reconstituted Panchayat Board were held in 1956. The term of the members of the Panchayat Board was three years. The elections for the Panchayat Board were directed to be held on 7th September, 1959. The District Panchayat Officer, who is the prescribed authority for the purpose of section 12 and section 12-A of the Madras Village Paiichayats Act, 1950 (Act X of 1950,) published an Electorol Roll on 1st August, 1959. The petitioner complains that in the Electoral Roll so published 12 persons who are the residents and already voters in the villages of Talamarla and Yerramanchi of Penukonda taluk and Nemaddala of Dharmavaram taluk were included in the list of voters in the first ward of Guttur. Similarly, 11 persons who are already on the Electoral Rolls of the Village Panchayat of Rampuram, Pedapalli and Yerramanchi of Penukonda taluk, were added to the fourth ward of the Guttur Panchayat. It is alleged that the additions of the aforesaid persons to the Electoral Rolls of ward Nos. 1 and 4 of Guttur Panchayat was illegal and without jurisdiction and had been done by the District Panchayat Officer, in order to benefit the parties opposed to the petitioner. It is alleged further that a properly prepared Electoral Roll is the very basis of a lawful election and in the absence of proper preparation and publication of an Electoral Roll, the elections are not only bereft of legality, but would not reflect the mind and the verdict of the electors. The petitioner claims that the District Panchayat Officer, respondent No. 2, is bound under the law to prepare and publish Electoral Rolls in accordance with law and the duty not having been discharged by him, the petitioner prays that the respondent No. 2 be commanded by a writ of mandamus to prepare and publish proper Electoral Rolls for the Village Panchayat of Guttur.
(3.) In the affidavit in support of the C.M.P. No. 8250 of 1959, the petitioner has alleged that the District Panchayat Officer had not only failed to do his duty under the Act, but out of a desire to help the political opponents of the petitioner, he had shown in the fourth ward the names of 11 voters twice in order to enable them to exercise unlawfully two votes.;