IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTIETH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 6745 OF 2025 Between: 1. Gundapaneni Koteswara Rao, S/o Veera Narayana, Aged about 45 years Occ; Farmer R/o Bodawadamandagunata, Budavada Bapatia District A.P.-523169. 2. Kolia Haribabu, S/o Subbaiah. Aged about 55 years, Occ: Farmer R/o 1-8A, Kollavaripalem, Parchur Mandal Bapatia District A.P.-523169. 3. Yarlagadda Srikanth Babu, S/o Subbarayudu, Aged about 43 years Occ. farmer R/o 7-43B, Yagnasalapeta Karamchedu Karamchedu Mandal, Bapatia District A.p;-523168. ...PETITIONERS t' AND 1. The Election Commission of India, Rep by its Chief Election Commissioner Nirvachan Sadan, Ashoka Rd, Pandit Pant Marg Area Sansad Marg Area, New Delhi’ Delhi - 110001. 2. The State of Andhra Pradesh, Rep. by its Chief Secretary AP Secretariat, Velagapudi, Amaravati Guntur District. 3. The Chief Electoral Officer- Andhra Pradesh, Room No. 192, Ground Floor Building No.5, A.P. Secretariat, Velagapudi, Amaravati - 522238. 4. The State of Andhra Pradesh, by its Principal Secretary, General Administration Department A.P. Secretariat, Velagapudi, Amaravati. 5. The State of Andhra Pradesh, Rep. by its Principal Secretary, Home Department, A.P. Secretariat Velagapudi, Amaravati. 6. The District Election Officer, The Collector and District Magistrate Bapatia, Collectors Office, Bapatia District. 7. The Electoral Registration Officer, Parchuru Assembly Constituency, Project Director, MEPMA, Bapatia District. 8. The Director General of Police, Andhra Pradesh, Mangalagiri, Guntur District. 9. The Superintendent of Police, Bapatia District, Bapatia, A.P. 10. Special Investigation Team Head (SIT), Sri A.R Damodhar I.P.S. Superintendent of Police, Prakasam District. Constituted under G.O.Rt.No.448. II.Yeluri Sambasiva Rao, S/^Yeluri Nageswara Rao, Aged about 45 years, Occ. MLA, Parch^ Assembly Constituency, Bapatia, R/o 3- 37A, Isuka Darsi Post, A/lartur Mandal, Bapatia District, Andhra Pradesh -523260 ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a Writ, order or direction more particularly in the nature of WRIT OF MANDAMUS declaring the G.O.Rt.No.448, Administration (SC.D) Department dt.03-03-2025 where under a Special Investigation Team (SIT) was constituted for enquiry/investigati on on the irregular filing of Form-VII applications for deletion of votes in 104- Purchur Assembly Constituency as illegal, arbitrary and against the statutory provision as contained under Sec 32 (3) of the Representation of Peoples Act 1950 as well as the Circulars issued by the Election Commission of India vide F.NO.4/2012-SDR dated 17-09-2012 and also against the settled proposition of Law laid down by the Constitutional Courts and consequently set aside the same. may General 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 suspend the operation of the G.O.Rt.No.448, Administration (SC. D) Department dt.03-03-2025 issued by the 2nd respondent p^ding disposal of the above writ petition, in the interest of justice. General Counsel for the Petitioner: SRI PONNEKANTI MALLIKARJUNA RAO Counsel for the Respondent Nos. 1, 3, 6 & 7: SRI D S SIVADARSHAN Counsel for the Respondent Nos. 2, 4, 5, 8, 9 & 10: GP FOR GENERAL ADMINISTRATION Counsel for the Respondent No.11: — The Court made the following: ORDER 1 APHC010130372025 SES IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] THURSDAY ,THE TWENTIETH DAY OF MARCH TWO THOUSANDAND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 6745/2025 Between: 1.GUNDAPANENI KOTESWARA RAO, S/0 VEERA NARAYANA YEARS OCC FARMER AGED ABOUT 45 BODAWADAMANDAGUNATA, BUDAVADA A.P.-523169. R/O BAPATLA DISTRICT 2.KOLLA HARIBABU, S/O SUBBAIAH. AGED ABOUT 55 YEARS OCC FARMER R/O 1-8A, KOLLAVARIPALEM. PARCHUR MANDAL BAPATLA DISTRICT A.P.-523169. 3.YARLAGADDA SRIKANTH BABU, S/O SUBBARAYUDU, AGED ABOUT 43 YEARS OCC FARMER R/O 7-43B. YAGNASALAPETA KARAMCHEDU KARAMCHEDU MANDAL, BAPATIA DISTRICT A P - 523168. ...PETITIONER(S) AND 1. THE ELECTION COMMISSION OF INDIA, REP BY ITS CHIEF ELECTION COMMISSIONER NIRVACHAN SADAN, ASHOKA RD, PANDIT PANT MARG AREA, SANSAD MARG AREA, NEW DELHI DELHI- 110001. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS CHIEF SECRETARY GUNTUR DISTRICT. 3. THE CHIEF ELECTORAL OFFICER ANDHRA PRADESH, ROOM A.P. SECRETARIAT. A.P. SECRETARIAT, VELAGAPUDI, AMARAVATI NO. 192, GROUND FLOOR BUILDING NO.5 > m SRS,J W.P.No.6745 of 2025 VELAGAPUDI, AMARAVATl - 522238. 4. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, GENERAL ADMINISTRATION DEPARTMENT A.P. SECRETARIAT, VELAGAPUDI, AMARAVATL 5. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL HOME DEPARTMENT, A.P. SECRETARIAT SECRETARY, VELAGAPUDI, AMARAVATl. 6. THE DISTRICT ELECTION OFFICER, THE COLLECTOR AND COLLECTORS OFFICE, DISTRICT MAGISTRATE BAPATLA BAPATLA DISTRICT. 7. THE ELECTORAL REGISTRATION OFFICER, PARCHURU ASSEMBLY CONSTITUENCY, PROJECT DIRECTOR, MEPMA, BAPATLA DISTRICT. 8. THE DIRECTOR GENERAL OF POLICE, ANDHRA PRADESH, MANGALAGIRI, GUNTUR DISTRICT. 9. THE SUPERINTENDENT OF POLICE, BAPATLA DISTRICT, BAPATLA, A.P. 10.SPECIAL INVESTIGATION TEAM HEAD SIT, SRI A.R DAMODHAR I.P.S. SUPERINTENDENT OF POLICE, PRAKASAM DISTRICT. CONSTITUTED UNDER G.O.RT.N0.448. 11.YELURI SAMBASIVA RAO, S/0 YELURI NAGESWARA RAO, AGED ABOUT 45 YEARS, OCC. MLA, PARCHURU ASSEMBLY CONSTITUENCY, BAPATLA, R/0 3-37A, ISUKA DARSI POST, MARTUR MANDAL, BAPATIA DISTRICT, ANDHRA PRADESH - 523260 ...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 to issue a Writ, order or direction more particularly in the nature of WRIT OF MANDAMUS declaring the G.O.Rt.No.448, General Administration (SC.D) Department dt.03-03-2025 where under a Special Investigation Team (SIT) was constituted for enquiry/investigation on the irregular filing of Form- VII applications for deletion of votes in 104- Purchur Assembly Constituency If' ’ SRS,J W,P.No.6745 of 2025 as illegal, arbitrary and against the statutory provision as contained under Sec 32 (3) of the Representation of Peoples Act 1950 as \A/ell as the Circulars issued by the Election Commission of India vide F.NO.4/2012-SDR dated 17- 09-2012 and also against the settled proposition of Law laid down by the Constitutional Courts and consequently set aside the same and pass 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 suspend the operation of the G.O.Rt.No.448, General Administration (SC. D) Department dt.03-03-2025 issued by the 2nd respondent pending disposal of the above writ petition, in the interest of justice and pass Counsel for the Petitioner(S): 1.PONNEKANTI MALLIKARJUNA RAO Counsel for the Respondent(S): 1.GP FOR HOME 2.D S SIVADARSHAN 3.GP FOR GENERAL ADMINISTRATION The Court made the following: :: ORDER :: The above writ petition is filed impugning the G.O.Rt.No.448 General Administration (SC.D) Department, dated 03.03.2025 issued by respondent No.2, constituting a special investigation team, for inquiry/investigation irregular filing of Form-VII applications for deletion of voters 104 - Purchur Assembly Constituency, is illegal and arbitrary and also violative of Section 32(3) of the Representation of Peoples Act, 1950 as well as the Circulars issued by the Election Commission of India vide F.No.4/2012-SDR, dated 17.09.2012. on SRS,J W.P.No.6745 of 2025 2. Heard Sri Ponnekanti Mallikarjuna Rao, learned counsel for the petitioner and Sri Avinash Desai, learned Senior Counsel, assisted by Sri Sivadarshan, learned counsel, appeared for respondents 1, 3, 6 & 7 and learned Assistant Government Pleader for General Administration Department appeared for respondents 2, 4, 5, 8, 9 and 10. 3. The writ petition was listed on 18.03.2025. Sri Avinash Desai, learned Senior Counsel, submitted that the State has no role to play given Article 324 of the Constitution of India and the Election Commission alone is competent to deal with the issuance of Form-VII and sought time to get instructions. Today, when the writ petition is taken up for hearing on admission, learned Assistant Government Pleader for General Administration submitted G.O.Rt.No.572 General Administration (SC.D) Department, dated 19.03.2025, whereby withdrawing the G.O.Rt.No.448 General Administration (SC.D) Department, dated 03.03.2025. 4. 5. Learned Senior Counsel would submit that the Election Commission of India has issued notice vide F.No.23/ER/2025, dated 19.03.2025, intimating the respondent No.2 - the Chief Secretary that the G.O. Rt.No.448 General Administration (SC.D) Department, dated 03.03.2025, is non-est in the eyes of law and also arbitrary. The Election Commission sought an explanation from the learned respondent No.2 by 05.00 pm on 20.03.2025. Learned Senior Counsel would also submit that withdrawing G.O.Rt.No.448, dated 03.03.2025 is to facilitate a comprehensive review on similar issues as per the guidelines of the Election Commission of India. 6. As seen from the memo filed vide U.S.R.No.30069 of 2025, the Election Commission of India has issued a notice dated 19.03.2025 to respondent No.2. It seems that there was a direction to respondent No.2 to withdraw G.O.Rt.No.448, dated 03.03.2025. In fact, the Election Commission of India has sought for explanation from respondent No.2. Indeed, learned senior SRS.J W,P.No.6745 of 2025 counsel would submit that the constitution of SIT is beyond the jurisdiction of the 2^^ respondent and the 2^^ respondent exceeded its jurisdiction. Learned counsel also would submit that the Election Commission of India has taken the issue very seriously, and necessary orders will be passed. senior Thus, as seen from the submissions, the respondent No.1 has taken note of the Constitution of SIT and the jurisdiction of the 2"^^ respondent, and respondent to withdraw the 7. nd in fact called for a report while directing the 2 Though the learned senior appearing for the 1®‘ respondent made certain submissions vis-a-vis the conduct of the 2^^ respondent in constituting same. the SIT by usurping the jurisdiction, this Court is not going into the said aspect of the matter at this juncture. Since the G.O.Rt.No.448 General Administration (SC.D) Department, dated 03.03.2025 has withdrawn, no further adjudication is required in the writ petition. At this juncture, learned counsel for the petitioner would submit that the SIT called some people and registered cases. Since the G.O., itself has been withdrawn, any case registered based upon the said G.O., is of no consequence. Given the facts and circumstances of the case, in the considered opinion of this Court, no further adjudication is required, and hence the Writ Petition is closed. No order as to costs. 8. 9. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ^Rl TRAR Sd/- K KASIRAO A' ASSISTANT REG*^ //TRUE COPY// SECTION OFFICER To, CC to Sri Ponnekanti Mallikarjuna Rao Advocate [OPUC] 1. One 2. One CC to Sri D S Sivadarshan Advocate [OPUC] CCs to GP for Home, High Court of Andhra Pradesh. [OUT] GP for General Administration, High Court of Andhra 3. Two 4. Two CCs to Pradesh. [OUT] 5. Three CD Copies TF (gsg) HIGH COURT DATED:20/03/2025 ORDER WP.No.6745 of 2025 CLOSING THE W.P. WITHOUT COSTS