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Judgment
Heard Ms. B.Rachna, learned counsel for the petitioner and Mr. Avinash Desai, learned Standing Counsel, Election Commission of India i.e., respondent No.1.
This writ petition has been filed by Bharatiya Janata Party, Telangana State seeking a direction to the Election Commission of India and its officials to ensure that there are no fake voters in the voters list of No.93 Munugode assembly constituency in the State of Telangana. Related prayer made is to freeze the voters list as on 31.07.2022.
In the proceedings held on 13.10.2022, the following order was passed:
Grievance expressed, rather apprehension expressed, in this writ petition is inclusion of large number of fake voters in the voters list of No.93 – Munugode Assembly Constituency which may affect the electoral outcome.
It is averred in paragraph 9 of the writ affidavit that in recent times as many as 24,781 applications under Form 6 have been received for inclusion as voters in the aforesaid Constituency, out of which only 1474 claims have been rejected. This has given rise to the apprehension that there may be large number of fake voters who in turn will affect a fair outcome of the election to No.93 - Munugode Assembly Constituency, the electoral process of which was initiated vide the press note dated 03.10.2022 issued by the Election Commission of India.
Following the hearing today, we direct learned counsel for Election Commission of India to submit before the Court a signed statement regarding the position in the voters list in respect of No.93 - Munugode Assembly Constituency from the year 2018 onwards (on the basis of which the elections were last conducted in the year 2019), including as to how Election Commission of India has dealt with the applications filed under Form 6 in respect of the said Constituency.
List this matter as the first item tomorrow i.e., 14.10.2022 at 10:30 AM.
Thereafter in the hearing which took place on 14.10.2022, learned Standing Counsel for respondent No.1 placed before us a signed statement of the Chief Electoral Officer, State of Telangana. After hearing learned counsel for the parties, we had passed the following order on 14.10.2022:
Today, Mr. Avinash Desai, learned counsel for respondent No.1 has placed before us a signed statement of the Chief Electoral Officer, State of Telangana, wherefrom we find that a total of 25,013 Form-6 applications were received, out of which 7,247 were rejected and 12,249 were accepted. As on 11.10.2022, 5,517 Form-6 applications were pending. Likewise, a total of 2,142 Form-8 applications were received, out of which 81 were rejected and 239 were accepted. Thus 1,822 Form-8 applications were pending as on 11.10.2022.
Mr. Avinash Desai, learned counsel for respondent No.1 submits that in accordance with Section 23(3) of the Representation of the People Act, 1950, electoral roll would be frozen as on the last date of filing nomination, which in this case would be 14.10.2022. Therefore, there may be some more additions under Form-6 or under Form-8 categories.
In the same statement, Chief Electoral Officer has mentioned the additions to the electoral roll of No.93- Munugode Assembly Constituency, for each year commencing from 12.10.2018. While the number of voters as on 12.10.2018 was 2,14,847, as on 11.10.2022, the number of voters increased to 2,38,759, which according to learned counsel for respondent No.1 does not indicate any abnormality.
Be that as it may, in view of the statement made by Mr. Avinash Desai, learned counsel for respondent No.1 that the electoral roll would be frozen as on 14.10.2022, we adjourn this case to 21.10.2022, on which date Mr. Avinash Desai, learned counsel for respondent No.1 shall furnish signed statement of the Chief Electoral Officer, State of Telangana, regarding total number of voters in the electoral roll of No.93- Munugode Assembly Constituency i.e., the final figures.
List on 21.10.2022.
In the hearing today, learned Standing Counsel for Election Commission of India has furnished a signed statement of the Chief Electoral Officer, Telangana dated 20.10.2022. As per the signed statement, a total of 24,926 Form 6 applications were received since August, 2022. Learned Standing Counsel has explained the discrepancy in the figures (25,013 as recorded in the order dated 14.10.2022 and 24,926 as per the statement dated 20.10.2022) on account of double counting.
Out of 24,926 Form 6 applications received, a total of 10,294 were rejected and 14,632 were accepted. In respect of Form 8 applications, the figures are as under:
93-Munugode AC Week Wise Form 8 since August -2022
Month & Year
Date Range
Form 8 Corrections
Aug’22
Received
Rejected
Accepted
Pending
01-07
66
19
47
0
08-14
117
45
72
0
15-21
284
149
135
0
22-28
283
151
132
0
Aug/Sep’22
29-04
229
122
106
1
Sep’22
05-11
205
122
83
0
12-18
178
82
96
0
19-25
293
138
154
1
Sep/Oct’22
26-04
471
229
238
4
Total
2,126
1,057
1,063
6
Finally, it is stated that after special summary revision of the voters list in respect of No.93 Munugode assembly constituency as on 05.01.2022, the total number voters were 2,27,101. Following the exercise carried out pertaining to Form 6 and Form 8 applications, a total of 16,991 additions have been made and 2,287 deletions have been made. Thus, as on 14.10.2022, the total number of voters of No.93 Munugode assembly constituency stands at 2,41,805.
As submitted by learned Standing Counsel for Election Commission of India during the hearing on 14.10.2022, the increase in the voters list of No.93 Munugode Assembly Constituency does not appear to indicate any abnormality.
In so far the prayer made by the petitioner for freezing the voters list as on 31.07.2022 is concerned, such a prayer if granted, would be in contravention of Section 23(3) of the Representation of the People Act, 1950, which bars any amendment, transposition or deletion of any entry in the electoral roll of a constituency after the last date for making nominations for an election in that constituency and before the completion of that election.
That being the position, we are of the considered opinion that continuing further with this writ petition is not necessary.
Accordingly, we dispose of the present Writ Petition. No costs.
As a sequel, miscellaneous petitions, pending if any, stand closed.