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2025 DAILYLAW 28494 (AP)

THUMMALA HEMANTH REDDY v. THE STATE OF ANDHRA PRADESH

WP/20681/2025 · 2025-08-05

Gannamaneni Ramakrishna Prasad

body2025

Judgment text

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APHC010404942025 >• IN THE HIGH COURT OF ANDHRA PRADESH/;(o AT AMARAVATI (Special Original Jurisdiction) o F. ■f) vn '^5 ■* *"0 WEDNESDAY, THE SIXTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 20679 & 20681 OF 2025 WRIT PETITION NO: 20679 OF 2025 Between: Thummala Hemanth Reddy, S/o. Late Thummala Maheswara Reddy, Aged about 25 years, R/o. Door No.1-155-A, R.Thummalappali Village, Pulivendula Mandal, Y.S.R Kadapa District. ...Petitioner AND 1. The State of Andhra Pradesh rep., by its Principal Secretary, Panchayat Raj and Rural Development, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The State Election Commission, Room No. 192, Ground Floor, Building No.5, Commissioner. A.P. Secretariat, Velagapudi, Amaravati, rep., by its 3. The District Collector-cum-Election Officer, Y.S.R Kadapa District, Kadapa. 4. The Director General of Police, Andhra Pradesh, Mangalagiri, Guntur District. 5. The Superintendent of Police, Y.S.R Kadapa District, Kadapa. ■ 6. The Sub-Divisional Police Officer, Pulivendula, Y.S.R Kadapa District. 7. The Circle Inspector of Police, Pulivendula Rural Police Station, PuKvendula, Y.S.R Kadapa District. 8. The Circle Inspector of Police, Pulivendula Urban Police Station, Pulivendula, Y.S.R Kadapa District. ...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 more particularly one in the nature of Writ of Mandamus declaring the inaction on the part of the respondents No.2 in considering the representation, dated 02.08.2025 submitted by the petitioner requesting her (i) to keep the respondents No.6 to 8 and the Sub-Inspectors of the concerned Police Stations of Pulivenudia Zilla Parishad Territorial Constituency aside immediately from the election duties to ensure non-interference and neutrality during the electoral process, (ii) to deploy neutral Officers from outside the Y.S.R Kadapa District to supervise the conduct of elections and maintain law and order in a fair and unbiased manner, (iii) to direct the Police Department to refrain from arresting or intimidating opposition leaders without prior written approval from the Commission during the election period and (iv) to constitute a Grievance Redressal Cell within the Commission to address complaints relating to electoral malpractices, intimidation or violence on a real-time basis, as arbitrary, illegal, abdication of the statutory duty cast on him/her and the well established legal principles apart from being violative of the fundamental rights guaranteed me under India and consequently direct the respondent No.2 Articles 14, 19 and 21 of the Constitution of i. to keep the respondents No.6 to 8 and the Sub-Inspectors of the concerned Police Stations of Pulivenudia Zilla Parishad Territorial Constituency aside immediately from the election duties to ensure interference and neutrality during the electoral process, to deploy neutral Officers from outside the Y.S.R Kadapa District to supen/ise the conduct of elections and maintain law and order in a fair and unbiased manner, non II. to direct the Police Department to refrain from arresting or intimidating opposition leaders without prior written approval from the Commission during the election period and to constitute a Grievance Redressal Cell within the Commission to address complaints relating to electoral malpractices, intimidation or violence on a real-time basis IV. 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 respondents No.2 & 3 to consider the representation, dated 02.08.2025 submitted by the petitioner and take immediate necessary action on the same, pending disposal of the above Writ Petition Counsel for the Petitioner: SRI V. R. REDDY KOWURI Counsel for the Respondent No.1: GP FOR PANCHAYAT RAJ RURAL DEV Counsel for the Respondents No.4 to 8: GP FOR HOME Counsel for the Respondent No.2: SRI C VISWANATH, LEARNED COUNSEL APPEARING ON BEHALF OF SRI V VIVEK CHANDRA APHC010404922025 WRIT PETITION NO: 20681 OF 2n?fi Between: Thummala Hemanth Reddy, S/o. Late Thummala Maheswara Reddy, Aged about 25 years, R/o. Door No.1-155-A, R.Thummalappali Village, Pulivendula Mandal Y.S.R Kadapa District. ...Petitioner AND 1. The State of Andhra Pradesh, rep., by its Principal Secretary, Panchayat Raj and Rural Development, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The State Election Commission, Room No. 192, Ground Floor, Building No., A.P. Secretariat, Velagapudi, Amaravati rep., by its Commissioner. 3. The District Collector, -cum-Election Officer. Y.S.R Kadapa District, Kadapa. 4. The Director General of Police, Andhra Pradesh, Mangalagiri, Guntur District. 5. The Superintendent of Police, Y.S.R Kadapa District, Kadapa. 6. The Sub-Divisional Police Officer, Pulivendula, Y.S.R Kadapa District. 7. The Circle Inspector of Police, Pulivendula Rural Police Station, Pulivendula, Y.S.R Kadapa District. 8. The Circle Inspector of Police, Pulivendula Urban Police Station, Pulivendula, Y.S.R Kadapa District ...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 more particularly one in the nature of Writ of Mandamus declaring the inaction on the part of the respondents No.2 in considering the representation, dated 02.08.2025 submitted by him requesting her (i) To appoint neutral observers from outside the Kadapa District with the specific mandate to monitor the conduct of polling, transportation of Ballot Boxes, storage in strong rooms and the counting process, (ii) issue directions to install comprehensive CC TV Surveillance coverage (a) at all polling booths and the premises surrounding them, (b) Inside and outside the strong rooms and (c) with uninterrupted power supply and 24/7 monitoring, including recording facilities to ensure integrity throughout the electoral process, (iii) Mandate that polling agents of contesting candidates be permitted to accompany the vehicles transporting ballot boxes from the polling booths to the designated strong rooms and be allowed to witness the deposit and sealing process to prevent tampering or manipulation, (iv) Ensure that videography is conducted at two (2) crucial stages, (a) Before sealing of the ballot boxes with clear visual documentation of the seals and the signatures of the polling agents, (b) At the time of opening the sealed ballot boxes by matching and tallying with the original signatures with the once at the time of opening to ensure full transparency and prevent manipulation during the counting process, (v) Constitute a Special Election Grievance Redressal Cell headed by a senior officer of the commission for real time monitoring and redressal of complaints pertaining to electoral as arbitrary, illegal, abdication of the statutory duty cast on him/her and the well established legal principles apart from being violative of the fundamental rights guaranteed me under Articles 14, 19 21 of the Constitution of India and consequently direct the respondent No.2 To appoint neutral observers from outside the Kadapa District with the specific mandate to monitor the conduct of polling, transportation of Ballot Boxes, storage in strong rooms and the counting process. (i) issue directions to install comprehensive CC TV Surveillance coverage (ii) a. at all polling booths and the premises surrounding them. b. Inside and outside the strong rooms and c. with uninterrupted power supply and 24/7 monitoring, including recording facilities to ensure integrity throughout the electoral process. iii. Mandate that polling agents of contesting candidates be permitted to accompany the vehicles transporting ballot boxes from the polling booths to the designated strong rooms and be allowed to witness the deposit and sealing process to prevent tampering or manipulation. (Hi) Ensure that videography is conducted at two (2) crucial stages, (a) Before sealing of the ballot boxes with clear visual documentation of the seals and the signatures of the polling agents, (b) At the time of opening the sealed ballot boxes by matching and tallying with the original signatures with the once at the time of opening to ensure full transparency and prevent manipulation during the counting process. IV. V. Constitute a Special Election Grievance Redressal Cell headed by a senior officer of the commission for real time monitoring and '*v -v- complaints pertaining to electoral malpractices misuse of power, intimidation or violence redressal of 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, dated 02.08.2025 submitted by the petitioner and take immediate necessary action on the same, pending disposal of the above Writ Petition Counsel for the Petitioner; SRI V R REDDY KOWURI Counsel for the Respondent No.1: GP FOR PANCHAYAT RAJ RURAL DEV Counsel for the Respondents No.4 to 8: GP FOR HOME The Court made the following Common Order: APHC010404942025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY,THE SIXTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NOs: 20679 & 20681 of 2025 WRIT PETITION NO: 20679 of 2025 Between: 1.THUMMALA HEMANTH REDDY,, S/0. LATE THUMMALA MAHESWARA REDDY AGED ABOUT 25 YEARS, R/0. DOOR N0.1- 155-A, R.THUMMALAPPALI VILLAGE, PULIVENDULA MANDAL, Y.S.R KADAPA DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2.THE STATE ELECTION COMMISSION, ROOM NO.192, GROUND FLOOR, BUILDING N0.5 A.P. SECRETARIAT, VELAGAPUDI, AMARAVATI REP., BY ITS COMMISSIONER. 3.THE DISTRICT COLLECTORCUMELECTION OFFICER, Y.S.R KADAPA DISTRICT, KADAPA. 4.THE DIRECTOR GENERAL OF POLICE, ANDHRA PRADESH, MANGALAGIRI, GUNTUR DISTRICT. 5.THE SUPERINTENDENT OF POLICE, Y.S.R KADAPA DISTRICT, KADAPA. 2 6.THE SUBDIVISIONAL POLICE OFFICER, PULIVENDULA, Y.S.R KADAPA DISTRICT. 7.THE CIRCLE INSPECTOR OF POLICE, PULIVENDULA RURAL POLICE STATION, PULIVENDULA, Y.S.R KADAPA DISTRICT. 8.THE CIRCLE INSPECTOR OF POLICE, PULIVENDULA URBAN POLICE STATION, PULIVENDULA, Y.S.R KADAPA DISTRICT. ...RESPONDENT(S): WRIT PETITION NO: 20681 of 2025 Between: 1.THUMMALA HEMANTH REDDY, S/0. LATE THUMMALA MAHESWARA REDDY AGED ABOUT 25 YEARS, R/0. DOOR N0.1- 155-A, R.THUMMALAPPALI VILLAGE, PULIVENDULA MANUAL Y.S.R KADAPA DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2.THE STATE ELECTION COMMISSION, ROOM N0.192, GROUND A.P. SECRETARIAT, VELAGAPUDI, FLOOR, BUILDING N0.5 AMARAVATI REP., BY ITS COMMISSIONER. 3.THE DISTRICT COLLECTOR, -CUM-ELECTION OFFICER, KADAPA DISTRICT, KADAPA. Y.S.R 4.THE DIRECTOR GENERAL OF POLICE, ANDHRA PRADESH, MANGALAGIRI, GUNTUR DISTRICT. 5.THE SUPERINTENDENT OF POLICE, Y.S.R KADAPA DISTRICT, KADAPA. 6.THE SUBDIVISIONAL POLICE OFFICER, PULIVENDULA, Y.S.R KADAPA DISTRICT. 7.THE CIRCLE INSPECTOR OF POLICE, PULIVENDULA RURAL 3 POLICE STATION, PULIVENDULA, Y.S.R KADAPA DISTRICT. 8.THE CIRCLE INSPECTOR OF POLICE, PULIVENDULA URBAN POLICE STATION, PULIVENDULA, Y.S.R KADAPA DISTRICT ...RESPONDENT(S): Counsel for the Petitioner: 1.VR REDDY KOWURI I Counsel for the Respondent(S): 1.GP FOR PANCHAYAT RAJ RURAL DEV 2.GP FOR HOME The Court made the following: COMMON ORAL ORDER: Heard Sri V.R. Reddy Kovvuri, 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. 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. 2. 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. 3. 4 m -\ -• 4. Needless to state, the Respondent Authorities are statutorily obligated to maintain law and order and to ensure the smooth conduct of the election. With these observations and directions, the Writ Petitions are disposed of. No order as to costs. 5. 6. Interlocutory Applications, if any, stand closed in terms of this order. Sd/- K.KASI RAO ACHAR! ASSISTANT REGISTRAR //TRUE COPY// To, SECTION OFeCER 1. The Principal Secretary, State of Andhra Pradesh, Panchayat Raj and Rural Development, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The Commissioner, State Election Commission, Room No. 192, Ground Floor, Building No.5 A.P. Secretariat, Velagapudi, Amaravati 3. The District Collector-cum-Election Officer Kadapa. 4. The Director General of Police, Andhra Pradesh, Mangalagiri, Guntur District. 5. The Supefiiltincre^pt of Police, Y.S.R Kadapa District, Kadapa. 6. The Sub-Divisiotial Police Officer, Pulivendula, Y.S.R Kadapa District. 7. The Circle InsfDedor of Police, Pulivendula Rural Pulivendula, Y.&Fr kadapa District. 8. The Circle Inspector of Police, Pulivendula Urban Police Pulivendula, Y.S.R Kadapa District. 9. One CC to SRI V R REDDY KOWURI Advocate [OPUC] Two CCs to GP FOR PANCHAYAT RAJ RURAL DEV High Court of Andhra Pradesh [OUT] Two CCs to GP FOR HOME High Court of Andhra Pradesh [OUT] One CC to SRI V VIVEK CHANDRA, Standing Counsel [OPUC] 13. Two CD Copies GSG Y.S.R Kadapa District, Police Station Station 10. 11. 12. HIGH COURT 4 DATED: 06/08/2025 COMMON ORDER WP NO. 20679 & 20681 OF 2025 DISPOSING THE WP’S WITHOUT COSTS