APHC010132812020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY,THE TWENTY FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 8045/2020 Between: 1. V. KRISHNAM NAIDU,, S/O. REDDAPPA NAIDU, AGE 60 YEARS, OCC. CULTIVATION, R/O D. NO. 6-31, KAMMAPALLI, BANDARUPALLI VILLAGE, PULICHERLA MANDAL, CHITTOOR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. THROUGH ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AM ARAVATHI. 2. THE DIRECTOR GENERAL OF POLICE, O/O. DGP, TADEPALLI, GUNTUR DISTRICT. 3. THE A P STATE ELECTION COMMISSION, REP. THROUGH ITS COMMISSIONER, VIJAVAWADA. 4. THE SUPERINTENDENT OF POLICE, CHITTOOR DISTRICT, CHITTOOR. 5. THE DISTRICT COLLECTOR/DISTRICT ELECTION AUTHORITY, CHITTOOR DISTRICT, CHITTOOR. 6. THE CHIEF EXECUTIVE OFFICER/RETURNING OFFICER, ZILLA PARISHAD OFFICE, CHITTOOR, CHITTOOR DISTRICT. 7. KODANDA RAMI REDDY, S/O. NOT KNOWN, CHIEF EXECUTIVE OFFICER/ RETURNING OFFICER, ZILLA PARISHAD OFFICE, CHITTOOR, CHITTOOR DISTRICT. ...RESPONDENT(S): 2 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 or direction one in the nature of Writ Of Mandamus declaring that the actions of the respondents more specifically the action of respondent No.6/7 in handing over petitioner nomination papers to YSRCP Leaders Bokkasam Vijay Kumar, Nadamuni Reddy, Murali Mohan Reddy and Daba Muneeswara who were present there itself and tear petitioners nomination papers and took away his original records of Aadhar card, voter card etc., who also abducted/kidnapped his proposers and refusing to receive and register an FIR u/sec. 365, 171-A, 171-C, 171-F and other sections of IPC against the persons who tear the nomination papers of this petitioner and prevented the petitioner from filing nomination for Pulicherla ZPTC and threatening this petitioner and his supporters with dire consequences and put them in fear as illegal, high handed, violative of Articles 14, 21, 300A, 243K and 243ZA of the Constitution of India and consequently direct the respondents 2 and 3 to act upon complaint/representation dt. 16-03-2020 and take necessary action against all the concerned including action against respondents 4 to 7 herein in accordance with law and provide necessary police protection to the petitioners herein further directing to register an FIR u/sec. 307, 325, 171-A, 171-C, 171-F and other sections of IPC against the persons who prevented the petitioner from filing nomination and conduct the investigation fairly/impartially/independently by an officer not lesser than the rank of 4th respondent Counsel for the Petitioner: 1. PASALA PONNA RAO Counsel for the Respondent(S): 1. GP FOR HOME (AP) 3 The Court made the following: ORDER: This Writ Petition under Article 226 of the Constitution of India, has been filed, by the Petitioner for the following relief: “..to issue a Writ or order or direction one in the nature of Writ Of Mandamus declaring that the actions of the respondents more specifically the action of respondent No.6/7 in handing over petitioner nomination papers to YSRCP Leaders Bokkasam Vijay Kumar, Nadamuni Reddy, Murali Mohan Reddy and Daba Muneeswara who were present there itself and tear petitioners nomination papers and took away his original records of Aadhar card, voter card etc., who also abducted/kidnapped his proposers and refusing to receive and register an FIR u/sec. 365, 171-A, 171-C, 171-F and other sections of IPC against the persons who tear the nomination papers of this petitioner and prevented the petitioner from filing nomination for Pulicherla ZPTC and threatening this petitioner and his supporters with dire consequences and put them in fear as illegal, high handed, violative of Articles 14, 21, 300A, 243K and 243ZA of the Constitution of India and consequently direct the respondents 2 and 3 to act upon complaint/representation dt.16-03-2020 and take necessary action against all the concerned including action against respondents 4 to 7 herein in accordance with law and provide necessary police protection to the petitioners herein further directing to register an FIR u/sec. 307, 325, 171-A, 171-C, 171-F and other sections of IPC against the persons who prevented the petitioner from filing nomination and conduct the investigation fairly/impartially/independently by an officer not lesser than the rank of 4th respondent ...” At the time of hearing, learned Assistant Government Pleader for Home representing for respondent State on instructions would submit that since the matter pertains to election process, the cause does not survive for adjudication and the Writ Petition has become infructuous. None represented for the Petitioner. None represented for the Petitioner. In that view, this Writ Petition is dismissed as infructuous. No order as to costs. Pending applications, if any, shall stand closed. DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA Mjl/* Dinesh