THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR W.P. No. 7439 of 2011 Date of Judgment: 5.6.2014 Between:
V. Subhashini …Petitioner And The Tahsildar, Yemmiganur Mandal, Kurnool district and others ..Respondents THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR W.P. NO. 7439 OF 2011 ORDER:
Heard learned counsel for the parties.
The petitioner who was desirous of becoming Anganwadi teacher applied for residence as well as income certificates which were granted on 13.12.2010 by the first respondent accepting her residence at Banvasi village and her income at Rs.20,000/- per annum. However, on complaints made by villagers, the said certificates were cancelled by the impugned proceedings dated 27.1.2011. Questioning the cancellation of the said certificates as arbitrary, the present writ petition is filed.
The impugned order itself states that the Sarpanch of Grampanchayat, Banvasi village and other villagers filed complaints that the petitioner is not a resident of Banvasi village and is residing in Yemmiganur town and her husband is an advocate practicing at Junior Civil Judge’s Court at Yemmiganur. It is further stated that the petitioner’s name and her husband’s name are shown in the voters list of Yemmiganur at Sl.Nos. 144 and 137 respectively in polling station No. 62. In view of that, the first respondent cancelled the said certificates.
It is not in dispute that the petitioner’s husband is a practising advocate and it is also evident from the voters list of Yemmiganur that both of them are residing at Yemmiganur village. Obviously therefore, the certificate showing the petitioner as resident of Banvasi village does not appear to be correct. The petitioner, however, states that she has made a representation to the election authorities to delete her name and her husband’s name from the voters list of Yemmiganur and enroll them in the voters list of Banvasi village, but no orders thereon appear to have been passed by the election authorities. In view of the situation existing as of now that the petitioner continues to be in the voters list of Yemmiganur, she could not have been granted certificate as being resident of Banvasi village. I do not, therefore, see any arbitrariness or illegality in the impugned order. However, as and when the petitioner’s representation is accepted by the election authorities for inclusion of her name in the voters list of Banvasi village, the petitioner will be at liberty to make a fresh application for grant of certificate and if such application is filed, the first respondent may consider the said application, its own merits, in accordance with law.
The writ petition is disposed of accordingly. Miscellaneous applications, if any, shall stand closed. No order as to costs.
VILAS V. AFZULPURKAR, J Dt. 5.6.2014 KR