Kanaka Ramulamma vs The District Collector and Dist. Election Authority, Ongole and Others

Satyabrata Sinha, C.J.—The petitioners in this application are questioning the action of the respondents in setting up polling booth for the voters of Vengalapuram revenue village at Utlapallivaripalem hamlet purported to be situated in Yerrareddypalem Gram Panchayat as arbitrary and illegal.

The contention raised in this application is that the distance between the villages Yerrareddypalem and Vengalapuram is about 2.25 kilometers. Yerrareddypalem Gram Panchayat consists of Yerrareddypalem revenue village, Utlapallivaripalem hamlet of Yerrareddypalem village and Vengalapuram revenue village. The said Gram Panchayat was constituted in the year 1995. The total number of voters in Yerrareddypalem is about 380 and the total number of voters in Utlapallivaripalem is about 470. The distance between the Utlapallivaripalem and Vengalapuram is about 4 kilometers. Previously Vengalapuram was set up in survey No. 212 and thereafter the entire village was shifted to survey Nos. 201 and 111. It has been contended that during the last general and panchayat elections polling booth was set up at Yerrareddypalem and the number of the said polling booth is 25/117. As a result of setting up of the polling booth at Utlapallivaripalem now, 500 voters of Vengalapuram village have to walk 4 kilometers to cast their votes.

The State Election Commission by Circular dated 2-8-2000 issued guidelines as regards determination of number of polling stations, location of polling stations, publication of the list of polling stations in draft, final publication of the list of polling stations and publicity, modifications in the list, supply of copies of the lists and number of copies of list of polling stations to be printed. As per the notification, the relevant provisions for location of polling stations are clauses (b), (c) and (d) of para 2 which read thus :

"2. LOCATION OF POLLING STATIONS

(b) The actual site of each Polling Station should be chosen carefully in advance and arrangements have to be made in order to make the polling station satisfy the requirements of practical convenience. Provision of all requirements should be completed at least one day before the day of Poll;

(c) To the extent practicable. Polling Stations should be located at the same place where it was located in the last General Elections, so that the voters could go and cast their votes at the place already familiar to them;

(d) Polling Station should be set up in such a manner that ordinarily no voter is required to travel more than two K.Ms, for casting vote. However, in scarcely populated hilly or forest areas, this norm may have to be relaxed. In order to avoid voters having to walk unduly long distances, polling stations, in such cases, may have to be set up for a smaller number of voters."

However, in terms of the provisions of para 3 of the Notification, such polling stations, which are to be set up, are required to be published in draft, which inter alia provides :

Publication of the List of Polling Stations in Draft :

The Mandal Parishad Development Officer is responsible for preparation of draft list of polling stations. He should prepare at least 6 copies of the draft list of polling stations, for each Gram Panchayat in the Mandal and publish the draft list by exhibiting at following places.

1) At the Office of the Mandal Parishad Development Officer.

2) At the Office of the Gram Panchayat.

3) 2 other prominent places/public buildings in the Gram Panchayat, e.g. School Building, Village chavadi etc.

The Mandal Parishad Development Officer should thereafter examine suggestions received from the public and amend the draft list, wherever found necessary and submit proposals to the District Election Authority for final approval of the list."

Only after the District Election Authority approves the list of polling stations, final list of polling stations shall be published. However, by Clauses (a) and (b) of para 5 of the notification it is provided :

MODIFICATIONS IN THE LIST

"(a) Changes in the publication of polling stations originally chosen may become necessary if the owner of the building originally proposed for a polling station has since become a contesting candidate or a strong sympathiser for a candidate or on account of any natural calamity. All such cases warranting changes in polling station should be reported to District Collector.

(b) Once the lists of polling stations are finally approved, request for shifting of the polling stations from one site to another should be considered only if there are overriding considerations of public convenience. The District Collector, may in such cases, consult the contesting candidates and make modifications only where he is satisfied that it is absolutely necessary."

The petitioners have allegedly filed a representation on or about 6-9-2000 which, it is stated has not yet been disposed of However, we may note that insofar as final list of polling stations for Lingasamudram Mandal Parishad is concerned, in relation to Yerrareddypalem, which is at serial No. 14, it is stated :

Sl. No. of Polling Station Locality of Polling Station Building in which it will be located Polling are as and details of blocks attached Whether for all voters or men/Women Total No. of Voters Assigned Maximum distance that a voter will have to travel to the polling station Remarks.

1 2 3 4 5 6 7 8

14 Yerrareddipalem Mandal Parishad Elementary School Vutlavari Palem Yerra Reddipalem All Voters 1447 2 Kms.

Almost 70% people of Yerrareddipalem village are dwelling nearby Vutlavaripalem. So it is convenient to put polling station at Vutlavaripalem

This Court, in exercise of its Jurisdiction under Article 226 of the Constitution of India, can neither go into the aforementioned question nor set aside the constitution of polling booths having regard to the fact that in terms of Clauses (b)(c) and (d) of para 2 of the aforementioned guidelines Issued by the State Election Commission, only a directory provision has been made. Such guidelines, which are in the nature of Instructions, in our opinion, cannot be enforced for issuance of a Writ in the nature of Mandamus. It is for the District Collector, Prakasam District to consider the representation filed by the petitioners herein and pass appropriate order in terms of the provisions contained under para 5 of the said guidelines.

Furthermore, having regard to the fact that the Notification has already been Issued by the State Election Commission, the question of passing any interim order as has been prayed for by the learned counsel for the petitioner does not arise.

We therefore dispose of this writ application by directing the District Collector, Prakasam District, the first respondent herein, to consider the aforementioned representation filed by the petitioners and pass appropriate order at an early date and preferably, within a period of three days from the date of communication of this order. There shall be no order as to costs.