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2. Heard learned counsel for the petitioners and also heard Mr.Avinash Desai, learned Senior Counsel for respondent No.1 and Mr.D.Satya Siva Darshan, learned Standing Counsel representing the respondents 2, 4 and 5.

3. The learned counsel for the petitioners submits that the petitioners are permanent residents of Kammakandriga, Oruru and Kothaindlu Villages and on the collective representations made by the villagers, the Government established Polling Booth No.200 at Kammakandriga Village about 30 years ago. She submits that all these years, the petitioners and other voters / residents of the said villages are exercising their franchise in the said Polling Booth, without any problems whatsoever. While that being the position, on coming to know that the respondent-authorities are taking steps to merge the said Polling Booth with Polling Booth No.203 of Muthapareddy Kandriga Village, the petitioners made representations and without considering the same, the respondents have issued the Draft Notification merging the existing Polling Booth No.200 of Kammakandriga Village with Polling Booth No.203 of Muthapareddy Kandriga Village. She submits that such an act on the part of the respondents without taking into consideration the representations / objections of the petitioners is not just or tenable and no plausible reasons are forthcoming for shifting / merging of the existing Polling Booth No.200 wherein the villagers are exercising their franchise for the last several decades. She further submits that had the respondents conducted an enquiry and invited NJS, J WP_31036_2023 objections, if any, before issuing the Draft Notification with regard to the merger of the Polling Booths stated above, perhaps they would have dropped the idea of merger / shifting of Polling Booths.

4. The learned counsel further submits that out of 220 voters, who were hitherto exercising their franchise in Polling Booth No.200, about 120 voters are old and senior citizens and some of them are physically challenged persons. She submits that in between Kammakandriga Village, where the Polling Booth No.200 is situated and Muthapareddy Kandriga Village, where the Polling Booth No.203 is situated, there is a water body and the villagers have to cross the same to exercise the franchise in Muthapareddy Kandriga Village in view of the shifting / merger of Polling Booths. She submits that if the respondents approve the Draft Notification and finalize the merger of Polling Booth No.200 of Kammakandriga Village with Polling Booth No.203 of Muthapareddy Kandriga Village, the petitioners would suffer serious prejudice, irreparable loss and they may not even be in a position to exercise their right to franchise. She prays to allow the writ petition by directing the respondents to take necessary action on the representations of the petitioners submitted to the respondent-authorities. The learned counsel also relies on the Order dated 22.09.2022 in W.P.No.3610 of 2021 in support of her submissions.

6. The learned counsel made further submissions, inter alia, to the effect that the Polling Booth No.200 of Kammakandriga Village is situate in a school building, which was constructed 30 years ago and the same is in a dilapidated condition. In elaboration, he submits that the Executive Engineer of Samagra Shiksha, Chittoor District issued a Building Soundness Certificate in respect of the building in which the Polling Station No.200 referred to above is situate and as the building was constructed 30 years ago and currently not in use since the school was closed nine years ago, it is unsafe to conduct any programmes inside school building. He submits that as per the Certificate issued by the Executive Engineer dated 15.09.2023 based on physical verification, the condition of the school building, is not safe and not sound. He submits that considering the safety of the voters, it was proposed to shift existing Polling Station No.200 to the nearby Polling Station No.201 at MPPS, Muthapareddy Kandriga Village and infact there is a road access available to the voters of old Polling Station No.200 at Kammakandriga Village to reach the new Polling Station No.201 at Muthapareddy Kandriga Village. He also NJS, J WP_31036_2023 submits that the issue with regard to location of Polling Station is purely a question of fact and within the realm of the election authorities and in view of the same as also in view of the settled legal position, exercise of powers by this Court under Article 226 of the Constitution of India may not be warranted. Relying on the decisions of the Hon'ble Supreme Court in Lakshmi Charan Sen v. A.K.M.Hassan Uzzaman 1 and Challa Ramakrishna Reddy v. Returning Officer, Banaganapalli2, the learned counsel urges for dismissal of the writ petition.

"Remarks:

 The School Building was constructed on Load Barring Walls and RCC Roof Slab was laid. The buildings are constructed before 30 years and not in usage as the functioning of schools are closed.  The Roof Slab ceiling plastering is having cracks and loosen and some of area is fallen at Varandah area at MPPS, Pothularaju Kandriga.

 The Roof Slab ceiling plastering is having cracks, at any time it may be fallen at MPPS, Kamma Kandriga.