Yuvajana Sramika Rythu Congress Party … vs The State Of Andhra Pradesh, on 7 August, 2025

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Andhra Pradesh High Court – Amravati

Yuvajana Sramika Rythu Congress Party … vs The State Of Andhra Pradesh, on 7 August, 2025

APHC010409122025
                        IN THE HIGH COURT OF ANDHRA PRADESH

                                       AT AMARAVATI

                               (Special Original Jurisdiction)


                   THURSDAY,THE SEVENTH DAY OF AUGUST
                      TWO THOUSAND AND TWENTY FIVE


                                  PRESENT


  THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA


                      WRIT PETITION NO: 20944 OF 2025


Between:


1. YUVAJANA SRAMIKA RYTHU CONGRESS PARTY (YSRCP),, Rep.by its
General Secretary, Mr. Leila Appireddy, S/o. Leila Sambi Reddy, Aged about
58 yrs,   YSRCP State Office, Tadepalli, Guntur District,    Andhra Pradesh -

522501.


                                                                   ...Petitioner


                                     AND


1. The State of Andhra Pradesh, Rep. By its Principal Secretary, Panchayath
Raj and Rural Development,       Secretariat, Andhra Pradesh,      Velagapudi,
Guntur District.


2. The State Election Commissioner, Rep.by its State Election Commissioner,
Vijayawada.

3. The Director General of Police, Stgte of Andhra Pradesh, Vijayawada.

                                                               ...Respondents

     Petition under Article 226 of the Constitution of India praying that in the
circumstances stated in the affidavit filed therewith, the High Court may be
 pleased to issue a Writ or Order in the nature of Mandamus declaring the
action of the respondents in not taking any required corrective measures such
as arranging CC Tv surveillance, Web- Casting, deployment of independent
observers, police protection to contesting candidates, constitution of election
control rooms and video documentation of entire election process as illegal,
arbitrary and violative of Articles 14 and 243 of the Constitution of India and
consequently direct the respondents to conduct the proposed elections to the
casual vacancies     of Mandal Parishad Territorial Constituencies (MPTCs),
Zilla Parishad Territorial Constituencies (ZPTCs) and Gram Panchayaths on
a level   playing field as per the Schedule issued on 28/7/2025 by taking all
measures as requested by the petitioner in its representation dt,31-07- 2025

lA NO: 1 OF 2025


      Petition under Section 151 CPC praying that in the circumstances stated
in the affidavit filed in support of the petition, the High Court may be pleased to
direct the respondent No.2 to consider the representation dt.31-07-          2025

submitted by the petitioner immediately by taking all required          measures
indicated therein, pending disposal of the main Writ Petition

Counsel for the Petitioner        : KIRAN KUMAR VADLAMUDI


Counsel for the Respondents (R1): GP FOR PANCHAYAT RAJ RURAL
DEV


Counsel for the Respondents (R2): GP FOR GENERAL
ADMINISTRATION


Counsel for the Respondents (R3): GP FOR HOME

The Court made the following ORDER :
  APHC010409122025

                      IN THE HIGH COURT OF ANDHRA PRADESH
                                    AT AMARAVATI                           [3329]
                             (Special Original Jurisdiction)


                    THURSDAY,THE SEVENTH DAY OF AUGUST
                       TWO THOUSAND AND TWENTY FIVE

                                   PRESENT

  THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

                         WRIT PETITION NO: 20944/2025

Between:


   1.YUVAJANA SRAMIKA RYTHU CONGRESS PARTY (YSRCP),,
    REP.BY ITS GENERAL SECRETARY, MR. LEILA APPIREDDY, S/0.
      LEILA SAMBI REDDY, AGED ABOUT 58 YRS,    YSRCP STATE
      OFFICE, TADEPALLI, GUNTUR DISTRICT, ANDHRA PRADESH                        -




      522501.

                                                               ...PETITIONER

                                      AND


    1.THE STATE OF ANDHRA PRADESH,                REP.    BY ITS   PRINCIPAL
      SECRETARY,         PANCHAYATH RAJ AND RURAL DEVELOPMENT,
      SECRETARIAT,        ANDHRA     PRADESH        VELAGAPUDI,          GUNTUR
      DISTRICT.


   2.THE STATE ELECTION COMMISSIONER,                    REP.BY    ITS    STATE
     ELECTION COMMISSIONER, VIJAYAWADA.

   3.THE DIRECTOR GENERAL              OF   POLICE,    STATE      OF     ANDHRA
     PRADESH, VIJAYAWADA.

                                                          ...RESPONDENT(S):

     Petition under Article 226 of the Constitution of India praying that in the
circumstances stated in the affidavit filed therewith, the High Court may be
pleased toPleased to issue a Writ or Order in the nature of            Mandamus

declaring the action of the respondents in not taking any required corrective
measures such as arranging CC Tv surveillance, Web- Casting, deployment
of independent observers, police protection to         contesting candidates.
                                         2




constitution of election control rooms and video        documentation    of entire
election process as illegal, arbitrary and violative of Articles 14 and 243 of the
Constitution of India and consequently direct the respondents to conduct the
proposed elections to the casual vacancies       of Mandal Parishad Territorial
Constituencies (MPTCs), Zilla Parishad       Territorial Constituencies (ZPTCs)
and Gram Panchayaths on a level playing field as per the Schedule issued on
28/7/2025 by taking all     measures as requested by the petitioner in its
representation dt,31-07- 2025

lA NO: 1 OF 2025


      Petition under Section 151 CPC praying that in the circumstances stated
in the affidavit filed in support of the petition, the High Court may be pleased
pleased to direct the respondent No.2 to consider the representation dt.31-
07-
       2025 submitted by the petitioner immediately by taking all required
measures indicated therein, pending disposal of the main Writ Petition
Counsel for the Petitioner:

      1.KIRAN KUMAR VADLAMUDI

Counsel for the Respondent(S):
      1.GP FOR PANCHAYAT RAJ RURAL DEV

  2.GP FOR GENERAL ADMINISTRATION

The Court made the following:
 ■




                                           3




       THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA




                         WRIT PETITION NO: 20944/2025

    ORDER:

This writ petition is filed under Article 226 of the Constitution

of the India seeking the following reliefs:-

“to issue a writ, order or direction more particularly one
in the nature of Writ of Mandamus declaring the action of
the respondents in not taking any required corrective
measures such as arranging CC Tv surveillance, Web-
Casting, deployment of Independent observers, police
protection to contesting candidates, constitution of election
control rooms and video documentation of entire election
process as illegal, arbitrary and violative of Articles 14 and
243 of the Constitution of India and consequently direct the
respondents to conduct the proposed elections to the casual
vacancies of Mandal Parlshad Territorial Constituencies
(MPTCs), Zllla Parlshad Territorial Constituencies (ZPTCs)
and Gram Panchayaths on a level playing field as per the
Schedule issued on 28.07.2025 by taking all measures as
requested by the petitioner in its representation dated
31.07.2025 and pass such other order.”

2. Heard the learned counsel for the petitioner, learned

Government Pleader for respondent No.1, learned Standing Counsel

for respondent No.2 and learned Government Pleader for Home for

respondent No.3.

3. Learned counsel for the petitioner submits that the

respondent No.2 issued an election notification dated 28.07.2025 for

conducting By-Elections to the local Panchayat Raj authorities under

Section 16 of the Andhra Pradesh Panchayat Raj Act, 1994 r/w
V
4

Rules 4 and 6 of the Andhra Pradesh Panchayat Raj (Conduct of

Elections) Rules, 2006. As per the notification, the relevant election

schedule is as follows:

a) Date of issue of Election Notice
by the Returning Officer in Form-1
under Rule 6 of A.P. Panchayat
Raj (Conduct of Election) Rules, 30.07.2025

2006. (From this date, nominations
can be filed between 10.30 AM

b) display of Ward-wise electoral and 5 PM)
roll of Gram Panchayat by
Returning Officer under Rule 5 of
A.P. Panchayat Raj (Conduct of
Elections) Rules, 2006.

Conduct of Poll, wherever 10.08.2025

necessary (from 2 PM onwards)

a) Date of conduct of Upa-

Sarpanch election under Section
14(10)
of A.P. Panchayat Raj Act,
On the same day on which
1994 (Applicable for Kondapi the results are declared
Gram Panchayat)

b) If for any reaon, the election of
Upa-Sarpanch is not held on the
date aforesaid, it shall be held on

the next day, whether or not it is a
holiday observed by the GP.

4. After issuance of such notification and notice by

respondent Nos.2 and 3, the petitioner herein submitted a detailed
5
%

representation to the 2nd respondent on 31.07.2025

requesting/praying as under:

In view of the above, it is most respectfully prayed that
this Hon’ble Commission may be pleased to: Issue
urgent and time-bound instructions to the State and
district-level authorities for the implementation of the
safeguards listed herein; Direct the DGP of Andhra
Pradesh to ensure police protection and non
interference in the eipction process; Constitute a
Special Supervisory Committee or Task Force to
monitor the conduct of elections in sensitive regions;
Take stern action against officials found compllcit In any
electoral malpractice or administrative bias; Ensure that
the upcoming elections are held in full compliance with
constitutional mandates, electoral law, and principles of
natural justice. ”

5. Learned counsel for the petitioner further submits that even

after receipt of the said representation, the 2’^^ respondent herein

neither considered the representation nor passed any proceedings

by way of reply. Hence, the present Writ Petition.

6. On the other hand, the learned Standing Counsel for

respondent No.2 submits that the representation of the petitioner

was considered and redressed the grievance of the petitioner. For

which, the 2′”‘^ respondent addressed a letter dated 06.08.2025 to

respondent No.3 to maintain law and order in all respects and

requested to take all necessary steps in order to ensure that the
6

election should be conducted in
i
a free, fair, peaceful and impartial
manner., if necessary, the required police force may be deployed
form other divisions in the District or from outside the District.
Further, the 2″” respondent also passed an order dated 04.08.2025
considering the contents of the representation as under:

Under Section 210 of A.P. Panchayat Raj Act, 1994, all
the Officers appointed in connection with conduct of any
election under the said Act, shall be deemed to be on
deputation to the State Election Commission and

subject to its control, superintendence and discipline.
The Observers appointed by the State Election
Commission shall review the entire election process i.e..
implementation of Model Code of Condcut, reviews with
Static Surveillance Teams, Flying Squads,
arrangements for CCTV
coverage, Web Casting at
Sensitive/Hyper Sensitive/Critical Polling Stations, Law
and Order position including Bandobust in and around
the Polling Stations, arrangements for Strong Rooms
and Counting Centres, Conduct of Government

Servants engaged with election duties. Monitoring of
Election Expenditure by the Contesting Candidates,
Security for the Contesting Candidates, if so requested.
based on the threat perception, etc.
A copy of the “Guidelines for Cbservers” issued by the
Commission during the Crdinary Elections held in 2021
are appended to this order and they are advised to send
the appropriate reports (Annexure-lll & IV for
MPTC/ZPTC and Annexure-IV to VI for GPs) in the
formats specified therein. ”

7

7. In view of the proceedings issued by the 2″‘^ respondent
dated 04.08.2025 and 06.08.2025 for conducting By-Elections as per

notification in free, fair and impartial manner by the entire election

machinery, the grievance of the petitioner was redressed. It is well

settled principle of law that once the elections are set in motion by

way of election notification, no Court shall interfere or interdict the

election process in any manner, except directing the respondent
authorities to conduct elections in free and fair manner by

maintaining law and order and allowing all the voters to exercise

their franchise in the manner of free, fair and peaceful as per the
notification schedule.

8. With the above observations, the Writ Petition is disposed

of. There shall be no order es to costs.

9. Learned Standing Counsel as well as the learned

Government Pleader are directed to inform the order of this Court to

the respondents.

As a sequel miscellaneous application, pending, if any, shall
also stand closed.



                                                                   Sd/- K. TATA RAO
                                  //TRUE COPY//                  DEPUTY REGISTRAR



                                                                   SECTION OFFICER
To



1. The Principal Secretary, State of Andhra Pradesh Panchayath
r Raj and
Rural Development, Secretariat, Andhra Pradesh, Velagapudii, Guntur District.

2. The State Election Commissioner state Election Commissioner

Vijayawada.

3. The Director General of Police, State of Andhra Pradesh, Vijayawada.

4. One CC to SRI. KIRAN KUMAR VADLAMUDI Advocate [OPUC]

5. Two CCs to GP FOR
! PANCHAYAT RAJ RURAL DEV High Court of
Andhra Pradesh [OUT]

6. Two CCs to GP FOR GENERAL ADMINISTRATION High Court of Andhra
Pradesh [OUT]

7. Two CCs to GP FOR HOME High Court of Andhra Pradesh [OUT]

8. Two CD Copies

TAC
i

HIGH COURT
DATED:07/08/2025

ORDER
WP NO. 20944 OF 2025

S( I > AUG 2025 \
<>>
I


gntSectjonX^y

DISPOSING THE WP WITHOUT COSTS



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