\ APHCG10410752025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) j THURSDAY, THE SEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE A St ;oi Or p PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 20951 OF 2Q2fi Between; Thummala Hemanth Reddy, S/o. Late Thummala about 25 years, R/o. Door No.1-155-A Mandal Y.S.R Kadapa District. Maheswara Reddy, Aged R. Thummalappali Village, Pulivendula ...Petitioaer AND 1. The State of Andhra Pradesh, Panchayat Raj and Rural rep., by its Principal Secretary Development, Secretariat Buildings Velagapudi, Amaravathi, Guntur District. 2. The State Election Commission, No.5, A.P. Room No. 192, Ground Floor, Building Amaravati Secretariat, Velagapudi, rep., by its Commissioner. 3. The District Collector- Kadapa. cum-Election Officer, Y.S.R Kadapa District 4. The Returning Officer-cum-Special Deputy Collector, Land Acquisition Officer, National High Ways, Kadapa. 5. Mareddy Latha Reddy, D/o. Not known to the Petitioner, R/o. D.N0.4- . YSR Kadapa District. 6. Moyila Siva Kalyan Reddy, S/o. Not known to the Petitioner D.No.1/22, Chinna Kudaala Village, Lingaala District. 34A, Kasanuru Village, Simhadripuram Mandal, R/o. Mandal, YSR Kadapa 7. Ankireddy Suresh Kumar Reddy, S/o. A. Chinna Pullareddy, Aged about 46 years, R/o. D.No.3-42, Sydapuram Village, Thondur Mandal, YSR Kadapa District. 8. Thummaluru Anil Kumar Reddy, S/o. Not known to the Petitioner, R/o. D.No.2/20, Pernapadu Vitlage, Vemula Mandal, YSR Kadapa District. 9. Nagella Samba Siva Reddy, S/o. N. Ankireddy Aged about 65 R/o. D.No.3-5, Pernapadu Village, Vemula Mandal, YSR Kadapa District. 10. B Raveendra Reddy, S/o. Venkata Ramireddy, Aged about 55 R/o. D.N0.2-27-B, Mallela Village District. 11. Marujolu Gajendranath Reddy, S/o. Not known to the Petitioner, R/o. D.No.2-34, Rayalapuram, R. Thummalapalle Village Mandal, YSR Kadapa District. 12. Mareddy Jai Bharath Reddy, S/o. Not known to the Petitioner R/o. D.N0.4-34A, Kasanuru Village, Simhadripuram Mandal, YSR Kadapa District. 13.M Vengala Reddy, S/o. M. Pedda Bali Reddy, Aged about 49 R/o. D.No.4-8-197-2-2, Narayana College Road Kadapa District. 14. Yadati Suneel Reddy, S/o. Not known to the Petitioner, R/o. D.No.3/111, Mottu Nuthana Palli, E. Kothapalli, Pulivendula Mandal, YSR Kadapa District. years. years, Thondur Mandal, YSR Kadapa Pulivendula years, Pulivendula, YSR ...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 action of the respondents No.2 to 4 in accepting the request of the respondents No.5 to 14 to appoint the Voters, who are not the voters of Pulivendula Zilla Parishad Territorial Constituency as Polling Agents, quite contrary to the Andhra Pradesh Panchayat Raj (Conduct of Election) Rules, 2006 and also guidelines issued by the respondent No.1 in the form of Model Code of Conduct as arbitrary, illegal, abdication of the statutory duty cast on them and violative of the fundamental rights guaranteed the petitioner under Articles 14, 19 and 21 the Constitution of India and consequently direct the respondents No.2 to 4 to appoint the Polling agents for Pulivendula Zilla Parishad Territorial Constituency, strictly in accordance with Rule 19 of the Andhra Pradesh Panchayat Raj (Conduct of Election) rules, 2006 and also guideline No.2 of Chapter 8 of the Model Code of Conduct issued by the respondent No.1 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 direct the respondents No.2 to 4 to appoint the Polling Agents for Pulivendula Zilla Parishad Territorial Constituency, strictly in accordance with Rule 19 of the Andhra Pradesh Panchayat Raj (Conduct of Election) Rules, 2006 and also the guideline No.2 of Chapter VIII of the Model Code of Conduct issued by the respondent No.1, 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.3, 4: GP FOR REVENUE AND GP FOR GENERAL ADMINISTRATION Counsel for the Respondent No.2: SRI VIVEK CHANDRA SEKHAR Counsel for the Respondents No.5 to 14: None Appeared The Court made the following order: of to T APHC010410752025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY,THE SEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 20951/2025 Between: 1.THUMMALA HEMANTH REDDY MAHESWARA REDDY, AGED ABOUT 25 YEARS, R/0, DOOR NO 1- 155-A S/0. LATE THUMMALA R. THUMMALAPPALI VILLAGE, PULIVENDULA MANDAL Y.S.R KADAPA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, SECRETARIAT GUNTUR DISTRICT. 2. THE STATE ELECTION COMMISSION, ROOM N0.192, GROUND FLOOR, BUILDING N0.5, AMARAVATI REP., BY ITS COMMISSIONER. 3. THE DISTRICT COLLECTORCUMELECTION OFFICER, KADAPA DISTRICT, KADAPA. 4. THE RETURNING OFFICERCUMSPECIAL DEPUTY COLLECTOR, LAND ACQUISITION OFFICER, NATIONAL HIGH WAYS, KADAPA. D/0. NOT KNOWN TO THE R/0. D.N0.4-34A, KASANURU VILLAGE, SIMHADRIPURAM MANDAL, YSR KADAPA DISTRICT. PANCHAYAT RAJ AND RURAL DEVELOPMENT BUILDINGS VELAGAPUDI, AMARAVATHI, A.P. SECRETARIAT, VELAGAPUDI, Y.S.R 5. MAREDDY LATHA REDDY, PETITIONER 6. MOYILA SIVA KALYAN REDDY, S/0. NOT KNOWN TO PETITIONER, THE R/0. D.NO.1/22, CHINNA KUDAALA VILLAGE 2 LINGAALA MANDAL, YSR KADAPA DISTRICT. 7. ANKIREDDY SURESH KUMAR REDDY, S/0. A. CHINNA AGED ABOUT 46 YEARS, THONDUR MANDAL, YSR KADAPA PULLAREDDY SYDAPURAM VILLAGE, DISTRICT. R/0. D.NO.3-42 8. THUMMALURU ANIL KUMAR REDDY, S/0. NOT KNOWN TO THE PETITIONER, R/0. D.NO.2/20, PERNAPADU VILLAGE, VEMULA MANDAL, YSR KADAPA DISTRICT. 9. NAGELLA SAMBA SIVA REDDY, S/0. N. ANKIREDDY AGED R/0. D.NO.3-5, PERNAPADU VILLAGE, ABOUT 65 YEARS VEMULA MANDAL, YSR KADAPA DISTRICT. 10.B RAVEENDRA REDDY, S/0. VENKATA RAMIREDDY, ABOUT 55 YEARS, THONDUR MANDAL, YSR KADAPA DISTRICT. AGED R/0. D.N0.2-27-B, MALLELA VILLAGE. 11.MARUJOLU GAJENDRANATH REDDY, S/0. NOT KNOWN TO THE R/0. D.NO.2-34. RAYALAPURAM, R. PULIVENDULA MANDAL, YSR PETITIONER. THUMMALAPALLE VILLAGE, KADAPA DISTRICT. 12.MAREDDY JAI BHARATH REDDY, S/0. NOT KNOWN TO THE R/0. D.N0.4-34A. KASANURU VILLAGE. PETITIONER SIMHADRIPURAM MANDAL, YSR KADAPA DISTRICT. 13.M VENGALA REDDY. S/0. M. PEDDA BALI REDDY, AGED ABOUT 49 YEARS, R/0. D.NO.4-8-197-2-2, NARAYANA COLLEGE ROAD PULIVENDULA, YSR KADAPA DISTRICT. 14.YADATI SUNEEL REDDY. S/0. NOT KNOWN TO THE PETITIONER, R/0. D.NO.3/111. MOTTU NUTHANA PALLI, E. KOTHAPALLI, PULIVENDULA MANDAL, YSR KADAPA DISTRICT. ...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 an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents No.2 to 4 in accepting the request of the respondents No.5 to 14 to appoint the Voters, who are not the voters of Pulivendula Zilla Parishad 3 »- Territorial Constituency Pradesh Panchayat Raj Polling Agents, quite contrary to the Andhra (Conduct of Election) Rules, 2006 and also guidelines issued by the respondent No.1 in the form of Model Code of Conduct as arbitrary, illegal, abdication of the statutory duty cast on them and violative of the fundamental rights guaranteed the petitioner under Articles 19 and 21 of the Constitution of India and consequently direct the respondents No.2 to 4 to appoint the Polling agents for Pulivendula Zilla Parishad Territorial Constituency, strictly in accordance with Rule 19 of the Andhra Pradesh Panchayat Raj (Conduct of Election) rules, 2006 and also guideline No.2 of Chapter 8 of the Model Code of Conduct issued by the respondent No.1 ^ as 14, lA NO: 1 OF 202^ 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 respondents No.2 to 4 to appoint the Polling Agents for u ivendula Zilla Parishad Territorial Constituency, strictly in accordance with Rule 19 of the Andhra Pradesh Panchayat Raj (Conduct of Election) Rules 2006 and also the guideline No.2 of Chapter VIII of the Model Code of Conduct issued by the respondent No.1, pending disposal of the above Writ Petition Counsel for the Petitioner: 1.VR REDDY KOWURI Counsel for the Respondent(S): 1.GP FOR PANCHAYAT RAJ RURAL DEV 2.GP FOR LAND ACQUISITION 3.GP FOR GENERAL ADMINISTRATION The Court made the following: 4 P THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 20951/2025 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 particuJarly one in the nature of Writ of Mandamus declaring the action of the respondent Nos. 2 to 4 in accepting the request of the respondent Nos. 5 to 14 to appoint the Voters, who are not the voters of Pullvendula Zilla Parishad Territorial Constituency as Polling Agents, quite contrary to the Andhra Pradesh Panchayat Raj (Conduct of Election) Rules, 2006 and also guidelines issued by the respondent No. 1 in the form of Model Code of Conduct as arbitrary, illegal, abdication of the statutory duty cast on them and violative of the fundamental rights guaranteed the petitioner under Articles 14, 19 and 21 of the Constitution of India and consequently direct the respondent Nos. 2 to 4 to appoint the Polling agents for Pullvendula Zilla Parishad Territorial Constituency, strictly in accordance with Rule 19 of the Andhra Pradesh Panchayat Raj (Conduct of Election) rules, 2006 and also guideline No. 2 of Chapter 8 of the Model Code of Conduct issued by the respondent No. 1 and pass such other order. ” 2. Heard the learned counsel for the petitioner, learned Government Pleader for Panchayt Raj for respondent No.1, learned Standing Counsel for respondent No.2, learned Government Pleader for Revenue respondent Nos.3 and 4. 3. Learned counsel for the petitioner submits that the petitioner is one of the contesting candidates for the By-Election of 5 Pulivendula ZPTC representing the recognized party i.e., YSR Congress party. The reasonable apprehension and limited prayer of the petitioner herein is that respondent Nos.2 to 4 herein shall adhere to Rules 18(1) and 19(1 )(i) of Conduct of Elections Rules. 4. Rule 18(1) of Conduct of Election Rules, deals with who would be the election agent and how to be appointed. Rule 19(1)(i) contemplating as under; “i) The Polling Agent, who is appointed by the contesting candidate, shall be a voter in the same polling station or in the alternate from the neighbouring polling station falling in the same Mandal Parishad Territorial Constituency.” 5. In view of the statutory rules, the respondents cannot allow any other person who is not a voter of the concerned polling station or neighbouring polling station falling under the same Mandal Parishad Territorial Constituency, to be appointed as poling agent. Hence, the Writ Petition. 6. On the other hand, learned Standing Counsel for respondent No.2 and learned Government Pleader for respondent No.1 submits that the respondent No.2 issued a detailed circular directing all the Returning Officers including the respondent Nos.3 and 4 herein to adhere Rule 19 and without compliance of Rule 19(1)(i) which was reiterated above no polling agent can be appointed who is not a voter of subject polling station or other polling station within the same Mandal Parishad Territorial Constituency. 7. In view of the dear and categorical instructions issued by way of circular to the respondent Nos.2 and 3 along with all other election officers, this Court is inclined to dispose of the Writ Petition directing respondent Nos.2 to 4 herein to adhere to Rule 19(1)(i) of Conduct of Election Rules and also as per circular dated 19.03.2019 without fail and conduct elections in free, fair, impartial and peaceful manner, which is the core object of the democracy. 8. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. 9. Learned Standing Counsel as well as the learned Government Pleader are directed to inform the order of this Court the respondents. to As a sequel miscellaneous application, pending, if any, shall also stand closed. Sd/- K TATA RAO DEPUTY REGISJRAR I^I^^FICER //TRUE COPY// SEC To 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, Y.S.R Kadapa District, Kadapa. 4. The Returning Officer-cum-Special Deputy Collector, Land Acquisition Officer, National High Ways, Kadapa. 5. One CC to SRI V R REDDY KOWURI Advocate [OPUC] 6. Two CCs to GP FOR PANCHAYAT RAJ RURAL DEV High Court of Andhra Pradesh [OUT] 7. Two CCs to GP FOR LAND ACQUISITION High Court of Andhra Pradesh [OUT] 8. Two CCs to GP FOR GENERAL ADMINISTRATION High Court of Andhra Pradesh [OUT] 9. One CC to SRI VIVEK CHANDRA SEKHAR, Standing Counsel [OPUC] 10. Two CD Copies gsg HIGH COURT DATED:07/08/2025 ORDER WP NO. 20951 OF 2025 disposing the WP WITHOUT COSTS