JUDGMENT : Thottathil B. Radhakrishnan, J. 1. This writ petition is instituted as a Public Interest Litigation seeking relief of declaration/direction that the first respondent-Election Commission of India, ‘ECI’, ought not to notify the conduct of elections to the Legislative Assembly for the State of Telangana before the Delimitation of Parliamentary and Assembly Constituencies Order, 2008, is amended delimiting the Assembly and Parliamentary Constituencies to the seven Mandals in Khammam District/Revenue Division, which were transferred to the successor State of Andhra Pradesh. 2. Heard Adv. Sri Ravi Shankar Jandhyala, learned counsel for the petitioner, and Sri Avinash Desai, learned counsel for the first respondent, ECI, in the light of the pleadings in the writ petition and additional affidavit of the petitioner as well as the counter affidavit of the ECI. We have also considered the documents produced along with the writ petition and the subsequent pleadings by the petitioner. 3. The petitioner has detailed some of the provisions of the 2014 legislation for reorganization of the State of Andhra Pradesh and the amendment made thereto, and the provision for transfer of areas for purposes relatable to the implementation as well as rehabilitation and resettlement in relation to Polavaram Multi-purpose National Irrigation Project. It is averred that transfer of areas were so made to enable the successor State of Andhra Pradesh to have flexibility in the identification of the areas to ensure continuity for administrative convenience. The petitioner pleads that the entire Bhadrachalam Revenue Division was part of the East Godavari District prior to 1959 and that the said area was transferred to Khammam District for administrative reasons; however that only a part of Bhadrachalam Revenue Division is being transferred to the State of Andhra Pradesh to address rehabilitation and resettlement needs of Polavaram Project. According to the petitioner, the statutory provisions and notifications have adversely affected the people of the seven Revenue Mandals of Khammam District linked to Polavaram Project. It is the petitioner’s plea that the Delimitation of the Parliamentary and Assembly Constituencies Order, 2008, cannot be modified resulting in delimitation, since such power does not vest with the ECI. The petitioner has further pleaded that any increase in the number of the Assembly seats in the States of Telangana and Andhra Pradesh as provided through the 2014 legislation requires the amendment of the Constitution of India. The petitioner has further pleaded that any increase in the number of the Assembly seats in the States of Telangana and Andhra Pradesh as provided through the 2014 legislation requires the amendment of the Constitution of India. It is the petitioner’s plea that the Telangana Legislative Assembly was dissolved much earlier than the conclusion of its due tenure and the ECI was prompted to proceed to conduct the election dispensing with due preparation and rectification of the electoral rolls, which was being undertaken. Reference is made by the petitioner to Articles 81 and 82 and other provisions of the Constitution to plead that it is not within the authority of the ECI to tinker with the materials relating to delimitation, which has a direct nexus to the constitution of Legislative Assemblies. It is on this premise that the ECI is accused of having overstepped its authority and jurisdiction in having proceeded to conduct the elections to the Telangana Legislative Assembly without delimiting the Parliamentary and Assembly Constituencies; which exercise, according to the petitioner, ought not to be done without delimiting the Parliamentary and Assembly Constituencies regarding the seven Mandals of Khammam District, which were transferred to the State of Andhra Pradesh. 4. Laxmi Kant Bajpai v. Haji Yaqoob was referred to by the petitioner’s learned counsel, in support of the plea that the Delimitation of the Parliamentary and Assembly Constituencies is the exclusive domain of the Delimitation Commission and the ECI’s power with respect to delimitation of the constituencies extends to correcting any mistakes which might have crept in the Delimitation Order and not beyond. The learned counsel for the petitioner referred to the decision of the Hon’ble Supreme Court in Election Commission of India v. Mohd. Abdul Ghani to argue that the entire scheme of the Representation of the People Act, 1950, for short, ‘1950 Act’ and the Delimitation Act, 1972, hereinafter referred to as ‘the Delimitation Act’ and the Delimitation Orders and the nature of the power conferred on the ECI would lead to the conclusion that the power of the ECI is only to make necessary changes on account of subsequent events by updating the Delimitation order to correct the description in the Delimitation Order, which become inappropriate. We see that the said judicial precedent also emphasizes that the power of the ECI cannot extend to alteration of the boundaries or areas or extent of any Constituency as shown in the Delimitation Order. 5. The pleadings of the ECI through the counter affidavit filed on its behalf are primarily with reference to various statutory provisions governing the field. We would refer to those statutory materials hereinafter, as we proceed. 6. The Andhra Pradesh Reorganisation Act, 2014, Act 6 of 2014, hereinafter referred to as ‘Reorganisation Act’, was published in the Gazette of India on 09.03.2014. Section 3 of that Act provided that on and from the appointed day, there shall be formed a new State to be known as ‘State of Telangana’ comprising of those territories of the existing State of Andhra Pradesh, which were stated in the said Section and thereupon the said territories were to cease to be part of the existing State of Andhra Pradesh. The Central Government notified 02.06.2014 as the appointed day as per Notification, dated 04.03.2014. Thereafter, the Andhra Pradesh Reorganisation (Amendment) Act, 2014, Act 19 of 2014, hereinafter referred to as ‘the Amending Act’, received the assent of the President on 17.07.2014 and was published on 18.07.2014. As per sub-section (2) of Section 1 of that Act, the provisions of that Amending Act are deemed to have come into force on 29.05.2014; that is, before 02.06.2014, the appointed day. Thus, it is Section 3 of the Reorganisation Act (Act 6 of 2014) as amended by the Amending Act (Act 19 of 2014) that resulted in the formation of the new State, known as ‘State of Telangana’ on and from 02.06.2014, which is the appointed day. 7. Section 3 of the Reorganisation Act described the territories of the State of Telangana as the following territories of the existing State of Andhra Pradesh:- “Adilabad, Karimnagar, Medak, Nizamabad, Warangal, Rangareddi, Nalgonda, Mahbubnagar, Khammam (but excluding the revenue villages in the Mandals specified in G.O.Ms.No.111 Irrigation & CAD (LA IV R&R-I) Department, dated the 27th June, 2005 and the revenue villages of Bhurgampadu, Seetharamanagaram and Kondreka in Bhurgumpadu Mandal and Hyderabad Districts.” 8. As per the Amending Act, the territories of the State of Telangana as described in the Reorganisation Act were substituted as follows:- “Khammam (but excluding the Mandals of Kukunoor, Velairpadu and Bhurgampadu but not including its revenue villages of Pinapaka, Morampalli Banzar, Bhurgampad, Nagineniprolu, Krishnasagar, Tekula, Sarapaka, Iravendi, Mothepattinagar, Uppusaka, Sompalli and Nakripeta under the Palvancha Revenue Division, and the Mandals of Chintoor, Kunavaram, Vararamachandrapuram and Bhadrachalam but not including the revenue village of Bhadrachalam under the Bhadrachalam Revenue Division.” 9. The net effect of the Reorganisation Act, the Amending Act and the Central Government’s Notifications of the appointed day is that the territories of the existing State of Andhra Pradesh, which came to be comprised in the new State known as ‘State of Telangana’ remained the same from the appointed day, i.e., 02.06.2014, on and from which date, the new State known as ‘State of Telangana’stood formed. Such carving out of the territories of the existing State of Andhra Pradesh to constitute the territories, which will comprise the State of Telangana, was done through the two pieces of primary legislations, namely, the Reorganisation Act and the Amending Act. Section 3 of the Reorganisation Act amended through the Amending Act is the one that operated from 02.06.2014, the date of formation of the State of Telangana, in terms of Section 3 of the Reorganisation Act. 10. Section 15 of the Reorganisation Act effected amendment to the Delimitation of Parliamentary and Assembly Constituency Order, 2008 on and from 02.06.2014, which is the appointed date. Such amendments to the Delimitation Order are included in the Second Schedule of the Reorganisation Act. Thereafter, as per the Andhra Pradesh Reorganisation (Removal of Difficulties) Order, 2015, hereinafter referred to as ‘the Removal of Difficulties Order’, issued by the President on 23.04.2015 in terms of Section 108 of the Reorganisation Act, the Mandals of Kukunoor, Velairpadu and Burgampahad but not including its revenue villages of Pinapaka, Morampalli Banzar, Bhurgampad, Nagineniprolu, Krishnasagar, Tekula, Sarapaka, Iravendi, Mothepattinagar, Uppusaka, Sompalli and Nakripeta under the Palvancha Revenue Division and the Mandals of Chintoor, Kunavaram, Vararamachandrapuram and Bhadrachalam but not including the revenue village of Bhadrachalam under the Bhadrachalam Revenue Division of Khammam District were transferred to East Godavari and West Godavari Districts of successor State of Andhra Pradesh. 11. 11. In furtherance of the change between the assembly constituencies of Andhra Pradesh and Telangana made by virtue of the Removal of Difficulties Order, the Government of India referred to the Government of Andhra Pradesh Notification clarifying the re-naming of a particular Mandal and stating that all villages of Bhadrachalam Mandal transferred to the successor of State of Andhra Pradesh are to go to Rampachodavaram (ST) assembly constituency and the six revenue villages Seetharamanagaram, Sridhara Velair, Gumpanapalli, Ganapavaram, Ibrahimpatnam and Ravigudem are to go to Polavaram (ST) assembly constituency. The Ministry of Home Affairs had issued such letter in consultation with the Ministry of Law and Justice, Department of Legal Affairs. The Commission examined the matter and concluded that in view of the Removal of Difficulties Order and the Home Ministry’s letter, it is clear that the extent of Rampachodavaram (ST) and Polavaram (ST) assembly constituencies in the State of Andhra Pradesh are to be updated in pursuance of the Removal of Difficulties Order, dated 23.04.2015. Therefore, in exercise of power under Section 9(1)(b) of the 1950 Act, the ECI issued Notification No.282/AP/2018(DEL), dated 22.09.2018, amending the extent of the Constituencies: Rampachodavaram (ST) and Polavaram (ST) in Schedule III to the Delimitation of Parliamentary and Assembly Constituencies Order, 2008 relating to the delimitation of parliamentary and assembly constituencies in respect of the State of Andhra Pradesh. The extent of the said two assembly constituencies, namely, Rampachodavaram (ST) and Polavaram (ST) were substituted to read as follows:- S. No. & Name of Assembly Constituency Extent of Assembly Constituencies Rampachodavaram (ST) Maredumilli, Devipatnam, Y.Ramavaram, Addateegala, Gangavaram, Rampachodavaram, Raja vommangi, Kunavaram, Chintur, V.R.Puram Mandals and Yetpaka Mandal including all villages of Bhadrachalam Mandal except Bhadrachalam Revenue Village Polavaram (ST) Polavaram, Buttayagudem, Jeelugumilli, Koyyalagudem, T. Narasapuram, Velairpadu Mandals and Kununoor Mandal including Revenue Villages Seetharamanagaram, Sridhara Valair, Gumpanapalli, Ganapavaram, Ibrahimpet and Ravigudem (big) 12. Thus, it can be seen that there is no change in the description or names in respect of constituencies in the State of Telangana. The updation of the Delimitation Order by the ECI is in conformity with the Removal of Difficulties Order issued by the President and that stands confined to the territory of the State of Andhra Pradesh. Such updation by the ECI of the Delimitation Order does not relate to the constituencies in the State of Telangana. 13. The updation of the Delimitation Order by the ECI is in conformity with the Removal of Difficulties Order issued by the President and that stands confined to the territory of the State of Andhra Pradesh. Such updation by the ECI of the Delimitation Order does not relate to the constituencies in the State of Telangana. 13. Section 9 of the 1950 Act confers ECI the requisite power to maintain Delimitation Order uptodate. Clause (b) of sub-section (1) of Section 9 of that Act empowers the ECI to make such amendments as appear to it to be necessary or expedient for bringing the Order uptodate, where the boundaries or name of any district or any territorial division mentioned in the Delimitation Order are or is altered. The boundaries and territorial division of the areas in question were not altered by the ECI through any exercise carried out by it under Section 9 of the 1950 Act. It only acted in conformity with the provisions of the Reorganisation Act as amended by the Amending Act and the Removal of Difficulties Order issued by the President in exercise of power under Section 108 of the Reorganisation Act. The action taken by the ECI is in terms of Section 11 of the Delimitation Act. Clause (b) of Section 11(1) of that Act authorizes the ECI to issue such Notification along with its power to do so under clause (b) of sub-section (1) of Section 9 of the 1950 Act. The boundaries or areas or extent of any constituency has not been changed by the ECI even going by the materials on record. The action taken through the Removal of Difficulties Order by the President in exercise of power under Section 108 of the Reorganisation Act is merely effectuated carrying out through requisite Notification to bring the Delimitation order uptodate, which obviously means that it has to be in conformity with the Removal of Difficulties Order. None of the provisions of the primary legislation nor the Removal of Difficulties Order under Section 108 of the Reorganisation Act is under challenge. 14. For the aforesaid reasons, the impugned action of the ECI is in conformity with its statutory power and authority in terms of the 1950 Act and the Delimitation Act. It is in conformity with the Removal of Difficulties Order issued by the President on 23.04.2008 under Section 108 of the Reorganisation Act. 14. For the aforesaid reasons, the impugned action of the ECI is in conformity with its statutory power and authority in terms of the 1950 Act and the Delimitation Act. It is in conformity with the Removal of Difficulties Order issued by the President on 23.04.2008 under Section 108 of the Reorganisation Act. The legislative arrangements made regarding the constituencies as process of reorganization of the existing State has been carried out. The ECI was merely effectuating the updation of the Delimitation Order to make it to be in conformity with the factual situation which emanates out of the conjoint effect of the Reorganisation Act, Act 6 of 2014, as amended by the Amending Act, Act 19 of 2014, as well as the Removal of Difficulties Order issued by the President under Section 108 of the Reorganisation Act. The challenge levied to such action of the ECI, therefore, fails. In the result, the Writ Petition is dismissed. Miscellaneous petitions, pending if any, shall stand closed. There shall be no order as to costs.