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
MAHESWARA RAO KUNCHEAM, RAVI NATH TILHARI
body2025
DigiLaw.ai
JUDGMENT : Ravi Nath Tilhari, J. Heard Sri S.Sriram, learned Senior Advocate, appearing through virtual mode representing Sri V.R.Reddy Kovvuri, learned counsel for the appellant in both the writ appeals, Ms.A.Jayanthi, learned Government Pleader for Home, appearing for the respondents 1, 4 to 8 and Sri A.Akash, learned counsel representing Sri S.Vivek Chandra Sekhar, learned Standing Counsel for the 2nd respondent. 2. Sri V.R.Reddy Kovvuri, learned counsel for the appellant, mentioned in the morning-mentions-time that there is urgency as the election is scheduled for tomorrow i.e. 12.08.2025. He further submitted that on the Court Slip given on 07.08.2025, the matter was directed to be listed for today. Considering the request. Lunch Motion was permitted. The case has been shown in the Lunch Motion Cause List. 3. In these two writ appeals, the order under challenge is the order dated 06.08.2025, passed by the learned Single Judge in Writ Petition Nos.20679 and 20681 of 2025. 4. Both the writ petitions were disposed of by the learned Single Judge, as follows : Heard Sri V.R. Reddy Kowuri, learned Counsel for the Writ Petitioners, Sri T. Sanjeeva Rao, learned Assistant Government Pleader for Revenue and Sri C. Viswanth, learned Counsel appearing on behalf of Sri V. Vivek Chandra Sekhar, learned Standing Counsel for Respondent No. 2. 2. Sri C. Viswanth, learned Counsel appearing on behalf of Sri V. Vivek Chandra Sekhar, learned Standing Counsel for Respondent No.2 has submitted the copies of the Proceedings of the Secretary (FAC), Andhra Pradesh State Election Commission, dated 03.08.2025. Copies of it are supplied to the Counsel for the Writ Petitioners and the same are taken on record. 3. The said Proceedings were addressed to the District Collector and the same would indicate that in response to the complaint received from the Writ Petitioners herein dated 02.08.2025, the Election Commission had forwarded the same to the District Collector-cum-District Election Authority, the Superintendent of Police, YSR Kadapa District, and also to the Writ Petitioners for consideration. 4. Needless to state, the Respondent Authorities are statutorily obligated to maintain law and order and to ensure the smooth conduct of the election. 5. With these observations and directions, the Writ Petitions are disposed of No order as to costs. 6. Interlocutory Applications, if any, stand closed in terms of this order. ” 5.
4. Needless to state, the Respondent Authorities are statutorily obligated to maintain law and order and to ensure the smooth conduct of the election. 5. With these observations and directions, the Writ Petitions are disposed of No order as to costs. 6. Interlocutory Applications, if any, stand closed in terms of this order. ” 5. The writ appellant in both the writ appeals is the writ petitioner in Writ Petition Nos.20679 and 20681 of 2025. 6. The writ petition(s) were filed for issuance of a writ, order or direction more particularly in the nature of Writ of Mandamus, raising the grievance that the petitioner(s) filed the respective representations dated 02.08.2025, with respect to the measures to be taken to conduct the fair election of Zilla Parishad Territorial Constitution Member, in the constituency of Pulivendula respectively but no action was taken on the representations. - 7. Sri S.Sriram, learned Senior Advocate, representing Sri V.R.Reddy Kovvuri, learned counsel for the appellant, submits that though the learned Single Judge observed in para-3, as quoted above, but he ought to have called for the response as to the action taken on the representations as it was not known as to what further action had been taken by those authorities on the petitioner’s representations. 8. Sri S.Sriram, learned Senior Advocate, further submits, placing reliance in Mohinder Singh Gill v. Chief Election Commissioner, New Delhi, (1978) 1 Supreme Court Cases 405 that the petition for direction to conduct free and fair elections is maintainable and is not hit by the provisions of Article 243 of the Constitution of India, 1950. 9. At this stage, Sri A.Akash, learned counsel representing Sri S.Vivek Chandra Sekhar, learned Standing Counsel for the 2nd respondent-State Election Commission, placing before us copies of the letters in Rc.No.N3/1843/2025, dated 10.08.2025 and C.NO.220/SP-KDP/2025, dated 08.08.2025, submits that the District Collector/District Election Authority, YSR Kadapa District and the Superintendent of Police, YSR District, Kadapa, have issued necessary directions as contained in those letters on the writ appellants’ representations, after the order passed by the learned Single Judge in the writ petitions. 10.
10. The letter of the Superintendent of Police, YSR District Kadapa, dated 08.08.2025, reads as under: “The A.P State Election Commission while forwarding the representation of Sri Thummala Hemanth Reddy, contesting candidate for Pulivendula ZPTC on behalf of YSRCP party has issued instructions to take certain precautionary measures for conducting the bye-elections in a free, fair, peaceful and impartial manner. 2. In this regard, it is to submit that the following measures are taken to ensure free and fair elections for the vacant ZPTC, Pulivendula. a) Elaborate Bandobust arrangements have been made to ensure that the elections are conducted in free and fair manner and allowing all the voters to exercise their franchise freely. b) CCTV cameras have been installed at important locations in Pulivendula area for strict surveillance, c) Proper security arrangements with sufficient police force have been made at Strong rooms and counting centers and for safe transport of ballot boxes, d) A Security cover of 1+1 Police personnel has been provided to the contesting candidates, e) It shall be ensured that Model code of conduct is followed scrupulously. Necessary instructions have been issued to the Police personnel to abide with the rules of A.P Civil Services (Conduct) Rules- 1964.” 11. The letter of the District Collector&District Election Authority dated 10.08.2025, also reads as under: I invite kind attention to the reference cited, in which the State Election Commission, Vijayawada has forwarded the representation of Sri Apireddy, MLC., YSRCP Party, along with a copy of the orders of the Hon'ble High Court in WP.No.20944 of 2025, Dt: 07.08.2025 with instructions to take necessary measures in order to see that the Election is conducted in a free, fair, peaceful & impartial manner. In pursuance of the Hon'ble High Court orders the following measures have been taken to conduct the Elections in a free, fair, peaceful & Impartial manner. 1.
In pursuance of the Hon'ble High Court orders the following measures have been taken to conduct the Elections in a free, fair, peaceful & Impartial manner. 1. Deployment of adequate Police force: In the reference 2nd cited, the Superintendent of Police, YSR Kadapa District has reported that he has taken the following measures: a) Elaborate Bandobust arrangements have been made to ensure that the Elections are conducted in Free and Fair manner and allowing all the voters to exercise their franchise freely, b) CCTV cameras have been installed at important locations in Pulivendula area for strict surveillance c) Proper security arrangements with sufficient Police force have been made at Strong rooms and counting centers and for safe transport of Ballot Boxes d) A security cover of 1+1 Police personnel has been provided to the contesting candidates. - e) It shall be ensured that Model code of conduct is followed scrupulously. Necessary instructions have been issued to the Police personnel to abide with the rules of A.P Civil Services (Conduct) Rules-1964. Further, Micro Observers have been deployed in each of the sensitive Polling Station to report directly to the District Election Control Room. For strict adherence of Model Code of Conduct, a team of Officers have been appointed constituting for Model Code of Conduct, Flying Squad Team & Static Surveillance Team for free & fair Elections. To observe the poll process web casting is arranged in all Poll Stations of Pulivendula, ZPTC and in 10 critical Polling Stations of Vontimitta, ZPTC. In view of the above, it is respectfully submitted that all the above arrangements have been made in advance to ensure free, fair, transparent and peaceful polling in the above Gram Panchayats. These arrangements will ensure that every voter will be able to cost their vote with ease, dignity and without any Inconvenience. This is submitted for the kind information of the Commission. 12. We are of the view that the learned Single Judge is right in observing that “the respondent authorities are statutorily obliged to maintain law and order and ensure smooth conduct of the election”. 13. Further, in view of what has been stated by the learned Standing Counsel for the 2nd respondent and as quoted above, we are of the view that any further orders are not required in the present appeals, for the present. - 14. With the aforesaid, the Writ Appeals stand disposed of finally.
13. Further, in view of what has been stated by the learned Standing Counsel for the 2nd respondent and as quoted above, we are of the view that any further orders are not required in the present appeals, for the present. - 14. With the aforesaid, the Writ Appeals stand disposed of finally. No order as to costs. 15. As a sequel thereto, interlocutory applications, if any pending, shall also stand closed.