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High Court of Andhra Pradesh · body

2025 DAILYLAW 13414 (AP)

Dr.Saamala Ramesh Babu, v. The Election Commission Of India,

WP(PIL)/84/2024 · 2025-09-09

Dhiraj Singh Thakur, Ravi Cheemalapati

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010161632024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE TENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE AND THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WP(PIL) NO: 84 OF 2024 Between: ^ Dr.Saamala Ramesh Babu, S/o Late Seetharamaiah, Aged about 77 Occ: Aurvedic Doctor, R/o 31-11-4, G2, Sri Vayuputra Residency, College Street, Machavaram, Vijayawada, Krishna, A.P, 520004. years, Hindi ...PETITIONER AND The Election Commission of India, Rep by its Chief Election Commissioner, Nirvachan Sadan Ashoka Road, New Delhi 110001. The Chief Election Officer, Andhra Pradesh, Room No 192 Ground Floor Building No 5 A.P Secretariat, Velagapudi, Amaravati-5222 38 1. 2. ...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 an appropriate writ order or direction particularly one in the nature of writ of mandamus i) declaring the inaction of the respondents in considering the representation dated 21.03.2024, 23.03.2024 26.03.2024 and 29.03.2024 and taking steps to disseminate affidavits filed in Form 26 by the 0 candidates contesting in the Parliament and Legislative Assembly in Telugu language, of the 2024 elections as violative of the fundamental rights of the voters envisaged under Article 19 (1) (a) of the Constitution and the rights recognized vide AIR 2002 SG 2112, ii) consequently direct the respondents to make available the form 26 affidavits in Telugu language and disseminate the affidavits submitted by the candidates in form 26 in Telugu language, iii) Direct the respondents to ensure that the candidates and the political parties issue declarations in the widely circulated newspapers in the locality in Telugu language about the antecedents of the candidate and also give wide publicity in the electronic media as envisaged by the Hon'ble Apex Court in Writ Petition (Civil) No. 536 of 2011. lA NO: 1 OF 2024 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 respondents to consider the representations dated 26.03.2024 and 29.03.2024 and make available the form 26 affidavits submitted by the candidates in Telugu language and disseminate all the affidavits submitted in Telugu language, pending disposal of the presentation. Counsel for the Petitioner: SRI KARUMANCHIINDRANEEL BABU Counsel for the Respondents: SRI D. S. SIVADARSHAN The Court made the following order: ^ APHC010161632024 IN THE HIGH COURT OF ANDHRA PRADESH Bench Sr.No:-19 ATAMARAVATI [3483] WP(PIL) NO: 84 of 2024 Dr. Saamala Ramesh Babu ...Petitioner Vs. The Election Commission of India and others ...Respondents ********** Advocate for Petitioner; Advocate for Respondent: Mr. Karumanchi Indraneel Babu Mr. D S Sivadarshan CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI : 10*^ September, 2025 DATE PC : The present petition was filed highlighting the directions of the Apex Court as given in Public Interest Foundation v. Union of India [2019 (3) see 224] wherein it was mandated that the concerned political parties shall put up on their website the information pertaining to the candidates having criminal antecedents. The parties were required to give wide circulation in newspapers in the locality about the antecedents of the candidates as also in electronic media. 2 HCJ&RCJ. WP(PIL)_84_2024 dated 01.05.2024, we had made it clear were binding on all the By virtue of our order, 2. the directions contained in the judgment supra candidates apart from the Election Commission of that political parties as also the India, whose duty it was to ensure that the directions were carried out by all the political parties as also the candidates. filed by the Election Commission of India, the of the Apex Court have been rigorously the relevant Form C-1 and on TV. After publication, 3. In the response stand taken is that the directions followed and that the candidates are required to fill up to publicize their criminal cases in newspapers required to report this to the Returning Officer and submit the candidates are Form C-4 along with their election expenses to the District Election Officer or the Returning Officer. Similarly, it is stated that political parties are obliged to submit Form C-2 antecedents of their candidates on their website. to publish the criminal newspapers and on TV. They are also required to submit Form C-5 to the Chief Electoral Officer of the State reporting the publication of the declaration. It is also stated that the C.E.O is required to submit Form C-6 to the Election Commission of India reporting the compliance of political parties with these publication requirements. Additional forms such as Form C-7 & C-8 prescribed for political parties to report their compliance regarding various platforms. This procedure, it is were also publication of criminal antecedents on 3 HCJ & RC, J WP(PIL)_84_2024 stated, is designed to ensure that the electorate is fully informed about the criminal backgrounds of candidates. Learned counsel for the petitioner tried to emphasize that while publication may be effected by the political parties and the candidates in the forms prescribed by the Election Commission of India for carrying out the directions of the Apex Court yet the publication if carried out in a language which is not familiar to a majority of the citizenry may defeat the very purpose of the publication and, therefore, to overcome that difficulty it is also necessary to ensure that the publication be effected in the language which is commonly understood by the locals. 4. It is, therefore, suggested by the learned counsel for the petitioner that the publication be also directed to be made in the vernacular language. 5. Be that as it may, learned counsel for the Election Commission of India states that the Election Commission of India will have no objection in issuing directions to ensure that the publication is also effected in the vernacular language. Needless to say that the guidelines issued by the Apex Court in Public Interest Foundation v. Union of India are required to be followed in letter and spirit. 4 HCJ & RC, i WP(PIL)_84_2024 The W.P(PIL) is accordingly disposed of. No order as to costs. 6. Miscellaneous applications pending, if any, shall stand closed. Sd/-SHA1K MOHD RAF! ASSISTANT REGISTRAR / //TRUE COPY// ,/ SECTION OFFICER To, . The Chief Election Commissioner. Election Commission of India Nirvachan Sadan Ashoka Road, New Delhi 110001. 2. The Chief Election Officer, Andhra I Floor Building No 5 A.P Secretariat, Velagapudi, Amaravati-5222 38 3. One CC to Sri Karumanchi Indraneel Babu, Advocate [OPUC] 4. One CC to Sri D. S. Sivadarshan, Advocate [OPUC] 5. Two CD Copies. 1 Pradesh, Room No 192 Ground ssb D HIGH COURT DATED;10/09/2025 ORDER WP(PIL) No. 84 OF 2024 (g 19 SEP 2025 . Current lection XgesPATcvveS-5^ m DISPOSING OF THE W.P.{PIL) WITHOUT COSTS