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2025 DIGILAW 947 (AP)

Thummala Hemanth Reddy, S/O. Late thummala Maheswara reddy v. State of Andhra Pradesh, Rep. , By Its Principal Secretary, Panchayat Raj And Rural Development, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.

2025-08-11

GANNAMANENI RAMAKRISHNA PRASAD

body2025
COMMON ORAL ORDER: Heard Sri V.R. Reddy Kovvuri, learned Counsel for the Writ Petitioner in W.P.No.21208 of 2025, Sri P. Veera Reddy, learned Senior Counsel appearing on behalf of Sri Ramalakshmana Reddy Sanepalli, learned Counsel for the Writ Petitioners in W.P.No.21209 of 2025, Sri Y. Nagi Reddy, learned Counsel appearing on behalf of Sri Jalla Sudharsan Reddy , learned Counsel for the Writ Petitioners in W.P.No.21212 of 2025, Sri Kiran Kumar Vadlamudi, learned Counsel for the Writ Petitioner in W.P.No.21213 of 2025 and Sri Viswanath Challa, learned Counsel representing Sri S. Vivek Chandrasekhar, learned Standing Counsel for the State Election Commission. 2. The common challenge in all these Writ Petitions relate to the shifting of the polling stations from the former stations to the new ones in the Pulivendula ZPTC for the by-elections. 3. Learned Counsel appearing for the Petitioners have raised the issues with regard to the non-adherence to the substantive procedures of making the voters aware of the proposed shifting of the polling booths. The other contention raised by the learned Counsel for the Petitioners is with regard to the inconvenience caused to the public by changing of the erstwhile polling stations to the present polling stations as the distance with regard to the earlier polling stations is two kilometers, whereas, the present polling stations are at a distance of four kilometers. - 4. Learned Counsel for the parties have also raised issues with regard to the non-adherence to the guidelines mentioned in the Hand Book published by the Election Commission of India as well as the Circular issued by the State Election Commission, dated 19.03.2019. 5. Learned Counsel for the Petitioners have drawn the attention of this Court to Section 25 of the Representation of the People Act, 1951, dealing with the polling stations for constituencies. 6. Learned Counsel for the Petitioners have also drawn the attention of this Court to the importance of Hand Book and particularly the contents in paragraph No.1.2 of the Hand Book published by the Election Commission of India. 7. Learned Counsel for the Petitioners have also referred to Chapter II in the Hand Book dealing with the polling stations. Particularly, the learned Counsel have drawn the attention of this Court to paragraph Nos.2.1.3 and 2.2. 8. Learned Counsel for the Petitioners have also drawn the attention of this Court to paragraph Nos.2.8 and 2.8.4 to 2.8.10. 9. 7. Learned Counsel for the Petitioners have also referred to Chapter II in the Hand Book dealing with the polling stations. Particularly, the learned Counsel have drawn the attention of this Court to paragraph Nos.2.1.3 and 2.2. 8. Learned Counsel for the Petitioners have also drawn the attention of this Court to paragraph Nos.2.8 and 2.8.4 to 2.8.10. 9. The provisions of the Hand Book dealing with the modification in the list of polling stations, at paragraph Nos.2.10 up to 2.10.4, wherein, necessary guidelines have been issued. 10. Learned Counsel for the Petitioners has also drawn the attention of this Court to the relevant portions of the Circular issued by the State Election Commission, dated 19.03.2019. Paragraph No.6 of the said Circular would indicate that prepared lists of polling booths shall be published in the Newspapers apart from following the statutory procedures of publishing the list in the Offices of Mandal Praja Parishad or Zilla Praja Parishad or Gram Panchayat, as the case may be. Paragraph Nos.6a to 6d of the Circular dated 19.03.2019, is usefully extracted hereunder: “ 6. PUBLICATION OF THE LIST OF POLLING STATIONS IN DRAFT: a) After the list has been prepared on the lines indicated above, and after receipt of notification from the A.P. State Election Commission fixing programme for publication of list of Polling Stations, the Mandal Parishad Development Officer and Asst. District Election Authority should publish it in draft on the date fixed by the Commission in the language or languages of the electoral roll for the Mandal, for general information, inviting objections and suggestions by a specified date. The draft list of polling stations should be published in the offices of the Mandal Praja Prarishad / Zilla Praja Parishad / Gram Panchayats and the places at which it can be inspected. It should also be published in local newspapers inviting written objections or suggestions for consideration. b) Copies of the lists should be supplied to the local branches of all recognized political parties, registered political parties with reserved symbol and to the Member Legislative Assembly, ZPTC and MPTC concerned under the acknowledgement. c) The Mandal Parishad Development Officer and Asst. District Election Authority should, thereafter, call all the party representatives and Legislators to a meeting on the date fixed by the Commission and explain the draft list and receive the suggestions, if any. c) The Mandal Parishad Development Officer and Asst. District Election Authority should, thereafter, call all the party representatives and Legislators to a meeting on the date fixed by the Commission and explain the draft list and receive the suggestions, if any. Ay bonafide intending candidate who wishes to take part in the discussions at this meeting should also be permitted to do so. - d) The Mandal Parishad Development Officer and Asst. District Election Authority should, after expiry of the date for objections and suggestions, examine all objections / suggestions, take decision and amend the draft list, whenever necessary and finalize the list of Polling Stations for all the Territorial Constituencies of the MPTCs / SPTC send proposals to District Collector for approval along with check list in Annexure-II , Scrutiny Sheet in Annexure-III and Certificate in Annexure-IV. Once approved, he should then publish the final list of Polling Stations as directed in Para 7 of this circular on the date fixed by the Commission.” 11. The learned Advocate General appearing for the State has placed on record the steps taken by the State Election Commission. He has drawn the attention of this Court to the Circular issued by the State Election Commission, dated 11.07.2025, by which the draft list has been submitted for approval of the final polling stations of the Pulivendula ZPTC. He has also drawn the attention of this Court to Form No.1 issued by the Mandal Parishad Development Officer on 15.07.2025, stating that the draft list has been published in respect of six Gram Panchayats. 12. The learned Advocate General has also drawn the attention of this Court to the final list which is issued on 19.07.2025. He would submit that with regard to the draft list as well as the final list, the public had sufficient knowledge and information with regard to the change of polling stations. 13. The facts in these cases would indicate that in all the previous elections the voting was held at such polling stations which were closer to the concerned villages; whereas, with respect to the current election for Pulivendula ZPTC, these polling stations have been changed and therefore, the Writ Petitioners would contend that the voters were compelled to travel longer distances, thereby causing severe inconvenience. It is stated that the distance in so far the earlier polling station concerned is two kilometers. It is stated that the distance in so far the earlier polling station concerned is two kilometers. It is also submitted that the present polling stations are at a distance of about four kilometers, which fact was disputed by the learned Advocate General. - 14. The learned Advocate General also submitted that the polling-slips which have been issued to all the voters contain the particulars of new polling stations and that no prejudice is caused even if paper publication is not done in terms of the paragraph No.6 of the Circular dated 19.03.2019. 15. The attention of this Court is also drawn to the Orders passed by the Division Bench of this Court in W.P.No.26889 of 2023 and batch dated 20.05.2024 dealing with the similar question i.e., with regard to change of polling stations. The learned Advocate General has placed reliance on another Judgment of the Division Bench of this Hon’ble High Court in Challa Ramakrishna Reddy Versus Returning Officer, Banaganapelli and others (in W.P.No.18449 of 1999, dated 01.09.1999) : 1999 SCC Online AP 474 : (2000) 3 ALD 42 : (Division Bench) , wherein, the Division Bench of this Court had ruled that: “2................................................................................. ..............................................................................The question relating to location of polling stations is purely a question of fact and is within the exclusive purview of the authorizes conducting the elections, and it is not for this Court to adjudicate upon the said aspects, and in fact the said aspect are not justiceable, more so in a petition under Article 226 of the Constitution of India.” - 16. It was also brought to the notice of this Court that the guidelines contained in the Hand Book as well as the Circular has the force of law by placing reliance of the Judgment of the Hon’ble Apex Court in LAKSHMI CHARAN SEN AND OTHERS Versus A.K.M. HASSAN UZZAMAN AND OTHES , [(1985) 4 Supreme Court Cases 689] 17. It is also noted that the Division Bench (in W.P.No.26889 of 2023 and batch, dated 20.05.2024) has considered the inconvenience that may be caused in traversing the distance for more than two kilometers from the polling station, but the same was not held in favour of the Petitioners therein. It is also noted that the Division Bench (in W.P.No.26889 of 2023 and batch, dated 20.05.2024) has considered the inconvenience that may be caused in traversing the distance for more than two kilometers from the polling station, but the same was not held in favour of the Petitioners therein. In so far as the steps which have been initiated with regard to the change of polling station is concerned, the State Election Commission as well as the State Government of Andhra Pradesh has contended that the process has been initiated way back on 11.07.2025 and also with regard to the draft list published on 15.07.2025. On 19.07.2025, the list of polling stations was put up in the Mandal Parishad Office for the knowledge of the public. 18. It is stated that the bypoll for ZPTC for Pulivendula Constituency is scheduled for tomorrow i.e., on 12.08.2025. It is the settled law that the Court should be loath in interfering with the election process when the election process has began. The present facts would indicate that the election process has began long ago and the draft list has been prepared on 11.07.2025 and several proceedings have taken place up to 19.07.2025. On a query made by this Court to the learned Standing Counsel, State Election Commission, whether the State Election Commission has complied with paragraph No.6 of the Circular dated 19.03.2019, after taking a pass-over, on instruction, the learned Counsel representing the State Election Commission submitted that the Newspaper publication of the final list of the polling stations has not been under taken by the State Election Commission. However, the learned Advocate General submitted that mere non-publication of the new polling stations in the news paper by itself will not cause any prejudice to the public in as much as the respective polling station is specifically mentioned in the poll-slip which is supplied/given to every voter. He would submit that the poll slips would be supplied to all the voters by today evening. - 19. Having regard to the settled law that the Court should be loath in interfering with the election process once the election process commenced, this Court notices the fact that the election process has commenced long time ago and that the final date for the poll is only tomorrow. In this view of the matter, this Court is not inclined to interfere in the present Writ Petitions. In this view of the matter, this Court is not inclined to interfere in the present Writ Petitions. This apart, this Court is also is of the view that all the voters are now informed about the change of polling stations by supplying of the poll-slips. It is also noticed by this Court that the poll-slips in fact did contain the respective polling station that was shown by one of the learned Counsel on the mobile. In this view of the matter, it is no doubt true that the State Election Commission has not adhered to its own Circular dated 19.03.2019 in as much as the Newspaper publication has not been done with regard to the polling centers. However, this lacuna is overcome by the process of circulating the poll-slips, thereby bringing it to the knowledge of the public in so far as the change of polling station is concerned. - 20. In the above premise, these Writ Petitions are devoid of any merit and accordingly dismissed. No order as to costs. 21. Interlocutory Applications, if any, stand closed in terms of this order.