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, 30.07.20252006. (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 andsubject 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 GovernmentServants 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