ELECTION PETITION HAS BEEN FILED ON 2 FEB 2021 IN ELECTION TRIBUNAL, CITY CIVIL COURT, PURANI HAVELI, HYDERABAD, BY INDEPENDENT CONTESTED CANDIDATE, WITH PRAYER TO DECLARE GHMC WARD NO. 72-ASIFNAGAR WARD ELECTION AS ‘WHOLLY VOID’ AS IT VIOLATED ELECTION ACT/RULES ENACTED FOR A HEALTHY ELECTORAL ROLL.
‘REVISED ELECTORAL LIST’ OF ASIFNAGAR WARD CONTAINS 5,131 DUPLICATES/TRIPLICATES OUT OF TOTAL OF 51,831 VOTER LIST IDENTIFIED UPON PRELIMINARY MANUAL EXAMINATION OF ALL THE 51,831 VOTERS OF THE WARD – THIS EXCLUDES OTHER TYPES OF DUBIOUS VOTERS PRESENT IN THE ‘REVISED’ VOTERS LIST.
On 2 February, 2021 a 243-page Election Petition has filed before Election Tribunal at City Civil Court, Purani Haveli, Hyderabad, by Independent Contested candidate with prayer to declare the GHMC Ward no 72- Asifngar Ward election as ‘wholly void'(Sec 77 of GHMC Act 1955), as it violated ‘on-compliance with the provisions of the Constitution or of this Act of any rules or orders made under this Act or of any other Act or rules relating to election, or by any mistake in the use of any prescribed form;’(Sec. 79 of GHMC Act 1955).
A preliminary manual examination of 51,831 voters of all the 61 polling stations of asifnagar ward was undertaken to understand the extent of dubious nature of the voter list that comes out as a inflated voter list based upon which elections were held on 1 December 2021, and 5,131 voters were identified on at-a-glance look with multiple voter ids, viz., duplicates/ triplicates etc.
Below few extracts of the Election Petition for our common understanding:
16. Below is the master table of the polling station wise preliminarily identifiable falsified voters holding multiple voter Ids, some without photos, others with unclear photos, etc., that go on to establish the fact that the electoral roll was not revised to weed out the errors and malafice, and Election Commission did not deliver a purified and authenticated voter list to the candidate and to the citizen, much against their mandate.
UNAUTHENTICATED VOTER IDS IDENTIFIED IN PRELIMINARY EYE-BALL SURVEY OF THE PHOTO ELECTORAL ROLLS GIVEN TO THE CANDIDATE FOR GHMC ORDINARY ELECTIONS 2020 FOR ASIFNAGAR WARD NO. 72 HELD ON 1 DEC 2020
| PS No | No of identified apparently unauthenticated EPICs | PS No | No of identified apparently unauthenticated EPICs | PS No | No of identified apparently unauthenticated EPICs |
| 1 | 52 | 21 | 86 | 41 | 115 |
| 2 | 28 | 22 | 95 | 42 | 147 |
| 3 | 38 | 23 | 95 | 43 | 53 |
| 4 | 48 | 24 | 108 | 44 | 104 |
| 5 | 47 | 25 | 65 | 45 | 92 |
| 6 | 76 | 26 | 63 | 46 | 72 |
| 7 | 118 | 27 | 33 | 47 | 40 |
| 8 | 116 | 28 | 75 | 48 | 184 |
| 9 | 119 | 29 | 78 | 49 | 102 |
| 10 | 97 | 30 | 51 | 50 | 129 |
| 11 | 27 | 31 | 32 | 51 | 59 |
| 12 | 44 | 32 | 110 | 52 | 81 |
| 13 | 74 | 33 | 109 | 53 | 18 |
| 14 | 156 | 34 | 129 | 54 | 73 |
| 15 | 110 | 35 | 71 | 55 | 48 |
| 16 | 172 | 36 | 50 | 56 | 56 |
| 17 | 60 | 37 | 86 | 57 | 28 |
| 18 | 95 | 38 | 25 | 58 | 77 |
| 19 | 182 | 39 | 103 | 59 | 36 |
| 20 | 219 | 40 | 93 | 60 | 152 |
| 61 | 30 | ||||
| TOTAL IDENTIFIED: | 5,131 |
Total number of unauthentic/multiples of EPIC holders identified through a manual cursory look through all the 61 Polling stations of the Asifnagar ward no. 72 voter list given to the contesting candidate is 5131 that is 10% of total voters 51,831.
17. Above identified falsified registered voters includes only apparently identifiable duplicates, triplicates, quadruplicates, no photos, not clear photos but does not at all include the susceptibility of this voter list, to other frauds, such as deletions of genuine voters, non-inlcusion of genuine voters, non-deletions of deceased, shifted, locked, disqualified voters, etc.
18. Pertinent to mention here is that the Polling Station-wise voter lists had a supplementary list of three pages containing Additions List, Deletions List, and Corrections List. The heading given is ‘Supplement Details (from 26.09.2020 to 17.11.2020)’. This is a glaring testimony of the fact that the Election Authorities have not just not revised the list but that the retention of the non-existing voters in the voter lists seems deliberate. When the Deletion List in Supplementary Details, does not contain the evidently identifiable duplicates, triplicates, quadruplicates, (and in one case six photos of same voter were identified) of the Main List attached to the Supplementary List, the revision rules meant for maintaining the authenticity and purity of Electoral Rolls was summarily violated, trampled wantonly.
Thus the voter list declared as final and revised as on 17.11.2020 is not purified and authenticated, whereas , a purified and authenticated voter list is a sine qua non for free and fair elections for our democracy. GHMC Ordinary Elections 2020 were conducted in 72 Asifnagar ward on unauthentic and unpurified electoral roll.
19. Moreover, the Telangana state election commission as per their reply to Independent candidate states as per ltr no. ‘1433-TSEC/ULBs/GHMC-2020 dt 28.11.2020, 6PM as follows:
“The Deputy commissioner/returning officer were already instructed to prepare the polling station wise list of Absentee, Shifted , Duplicates/deceased,(ASD) voters and will be supplied the same to the Presiding Officers concerned alongwith marked copy of electoral roll on the day of poll.
You may also prepare such list and handover to your polling gents so that they can keenly watch and challenge the voters trying to impersonate.“
This is against the laid down act/rules that the revised electoral roll as on 17.11.2020 cannot be altered for the election for which it was revised. This further implies the declared list was tampered with most blatantly by the election officials.
PRAYER:
In view of above stated it is appealed to the Hon’ble Tribunal to be pleased to :
a) Pass an order declaring of election of ward no. 72 asifnagar GHMC as void;
b) Pass an order to immediately conduct fresh authenticated enumeration of voters in Asif nagar ward No. 72 GHMC and declare the denovo voter
list/electoral roll of ward no. 72 asifnagar GHMC;
c) Pass an order to immediately conduct re-election of the ward no. 72 Asifnagar ward, that allows the Asifnagar ward to choose their candidate based upon a purified and authenticated electoral roll which would then mean a free and fair election, in order to uphold the sanctity of local governance as mandated by Constitution of India.
d) Pass an order declaring the TSEC letter of 28.11.2020 to the candidate as illegal and call for the additional list that was supplied to presiding officers on 1.12.2020 election day, as stated by the state election commission on 28.11.2020 to the candidate;
e) Pass an order for call for confirmation from Election Authorities that electoral roll declared as ‘registered voters’ as on 17.11.2020 are indeed ‘revised’;
f) Pass an order to proceed against State Election Athourities why they did not proceed against the breach of election duties of revision of electoral rolls by so many officials;
g) Pass an order for verify the duplicates/triplicates/quadruplicates submitted by candidate and further detailed check by election authorities of all other frauds and duplicity in voter list;
h) Grant costs of present petition in fvour of petitioner and against the respondents;
i) Pass any further ordres as may deem fit, just and equitable in the facts and circumstances of the present case.
We shall keep you updated on this case, which has been filed, in order to strengthen democracy of our beloved country India, in public interest.
Best,
Dr Lubna Sarwath
Independent contested candidate for GHMC 72- Asifnagar Ward, Telangana
