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No rejection of nominations on basis of circular: court

Legal Correspondent

Judge gives ruling after allowing a batch of writ petitions


  • `Any person with his name in Assembly electoral rolls eligible to contest'
  • Court approached with complaint of wrong deletion of name

    HYDERABAD: Justice L. Narasimha Reddy of the Andhra Pradesh High Court on Wednesday declared that authorities could not reject nominations of candidates for the Legislative Council elections on the basis of a circular issued last month.

    With this judgment, nominations of those persons whose names were included in the voters list prior to the last date for filing of papers have to be accepted.

    The judge was allowing a batch of writ petitions, which complained that authorities had rejected nominations on the ground that their names did not figure in the voters list of the Assembly constituencies published prior to January 2007.

    Rules mandate that any person whose name is found in the electoral rolls of the Assembly is eligible to contest, subject to conditions.

    Wrong deletion

    Appa Rao of Kakinada had approached the court with the complaint that his name was wrongly deleted when the final voters list was published last year. Following a representation, his name was included.

    He contended that authorities had issued a circular last month declaring those citizens whose names were found in the final voters list published last year alone were eligible to contest.

    Mr. Rao and seven other petitioners informed the court that their names were wrongly deleted and corrections were done as per rules. Ravishankar Jandhyala in his arguments referred to the Supreme Court rulings and statutory provisions.

    Justice Narasimha Reddy felt that authorities could not insist on publication when competent officers had passed orders on inclusion/deletion of names. He said insistence of authorities for inclusion of a name in the voters list prior to January 2007 was illegal and unconstitutional.

    The judge made it clear that if any order was passed on inclusion of names prior to the last date of filing of nominations such candidates would be eligible to contest the election and their nominations could not be rejected.

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