Yuvajana Sramika Rythu Congress Party., v. The State of Andhra Pradesh
WP/2818/2025 · 2025-02-03
V Sujatha
body2025
DailyLaw.ai
[ 2025 DAILYLAW 5935 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 5935 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010053602025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [0] MONDAY ,THE THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 2818/2025 Between: Yuvajana Sramika Rythu Congress Party., and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S):
1. PAPUDIPPU SASHIDAR REDDY Counsel for the Respondent(S):
1. GP FOR HOME
2. GP FOR MUNCIPAL ADMN URBAN DEV The Court made the following:
ORDER: The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:-
“…to issue an appropriate writ, order or direction more particularly one in the nature of writ of mandamus directing the respondents No.2, 5 and 6 to ensure that the elections to the Deputy Mayor seat of the Tirupathy Municipal Corporation to be held on 03rd February, 2025 are held in a free and fair manner by upholding the basic tenets of a democratic election and pass…”
2. The 1st petitioner is a recognized political party in Andhra Pradesh and the 2nd petitioner is the Corporator of 40th ward in the Tirupati Municipal Corporation, Tirupati and is also a contesting candidate for the post of Deputy Mayor. The 2nd respondent has issued circular dated 28.01.2025 for filling up of casual vacancies of Deputy Mayor in Tirupati, Nellore and Eluru Municipal Corporation and the schedule fixed for the date of election is 03.02.2025. The respondent No.3, vide proceedings dated 31.01.2025 has notified the venue of election as Senate Hall, Sri Venkateswara University, Tirupati and the time of election as 11.00 a.m.
3. The grievance of the petitioners is that the present ruling party leaders are making their efforts to threaten the ward corporators to support their candidates failing which, they would be attacked and that coercive steps would be taken against them and their properties. Hence, the present petition is filed with a prayer to direct the respondent Nos.2, 5 and 6 to ensure that the elections to the post of Deputy Mayor seat of Tirupati Municipal Corporation to be held on 03.02.2025 in free and fair manner by installing CC cameras at the venue of the elections. 4. Heard Mr. C. Sumon, learned counsel appearing on behalf of Mr. P. Sashidhar Reddy, learned counsel for the petitioners and learned Government Pleader for Home. 5. During the course of arguments, learned counsel for the petitioners, in support of his case, has produced few videos before this Court to prove that the bus in which the corporators were travelling was attacked by some third parties and as well as another video wherein the mayor was sitting in a car and refusing to get down the car.
Learned counsel for the petitioners, in support of the videos has argued that the bus in which the corporators were travelling was attacked despite the presence of the police and that the mayor has refused to get down the car because of the clashes that were happening on the road at the election venue. 6.
Learned counsel has further brought to the notice of this Court that the Andhra Pradesh State Election Commission, vide Lr.No.7/SEC- F1/2025, dated 02.02.2025 addressed a letter to the Director General of Police, Andhra Pradesh requesting to ensure that the election of the Deputy Mayor of Tirupati Municipal Corporation is conducted in free and fair manner on 03.02.2025. He argues that in spite of a letter addressed to the Director General of Police, the life of the corporators is at threat because of the clashes created by the aforesaid third persons. As such, requested this Court to direct the 6th respondent to provide police protection to them.
7. Learned Government Pleader on the other side has produced a copy of instructions of the Superintendent of Police, Tirupati District dated 03.02.2025 wherein it is stated that the Chief Election Commission has notified the Deputy Mayor elections for the Tirupati Municipal Corporation, scheduled for 03.02.2025 which was necessitated by the resignation of former Deputy Mayor Sri. Bhumana Abhinay Reddy who stepped down to contest as an MLA candidate for Tirupati Assembly Constituency. It is further stated that the presiding officer (Joint Collector, Tirupati) has issued proceedings in Lr.No.303/2024/G1, dated 31.01.2025 notifying the venue of the election as Senate Hall, Sri Venkateswara University, Tirupati and the time of election as 11.00 a.m. In pursuance of the letter dated 02.02.2025 addressed by the State
Election Commission to the Director General of Police, Andhra Pradesh, CC cameras have been arranged near the Senate Hall premises and drone surveillance has also been conducted near the said venue. It is further stated that continuous police patrolling has been arranged near the residences of all the corporators of Tirupati Municipal Corporation and that sufficient police force has also been arranged for bandobust duties in and around the Senate Hall, Sri Venkateswara Unviersity, Tirupati to ensure the peaceful conduct of the elections. In addition to all these, the respondent No.6 has also arranged four static teams, five patrolling teams and two watch teams at Sri Venkateswara University, Tirupati.
8. After going through the aforesaid instructions, Mr. C. Sumon,
learned counsel appearing for the petitioners has further requested this Court to direct the 6th respondent to provide police protection to the bus in which all the corporators would be travelling to the venue of the election i.e. Senate Hall, Sri Venkateswara University, Tirupati
9. As per the aforesaid instructions, it can be seen that CC cameras and drone surveillance have been arranged near the venue of elections i.e. Senate Hall, Sri Venkateswara University, but, however, there is a chance of clashes that would happen outside the Senate Hall during the course of election. In view of the same, the 6th respondent is directed to arrange CC cameras outside the Senate Hall, Sri Venkateswara University also and to see that the elections are conducted in a fair and peaceful manner.
10. In view of the arrangements made by the 6th respondent as explained above, this Court is of the opinion that the 6th respondent has taken all the measures to see that the elections to the post of Deputy Mayor, Tirupati are conducted in fair and peaceful manner. But, however, taking into
consideration the further request made by learned counsel appearing for the petitioners, this Court feels it appropriate to direct the petitioners herein to submit a representation to the 6th respondent requesting for police escort, duly
mentioning the details of the corporators travelling in the bus and the registration number of the bus, which shall also be enclosed with the aadhar cards of the said persons. It is made clear that the said representations shall be attested by all the corporators who are travelling in the said bus. On receiving the said representation, the 6th respondent shall provide the Police escort to the said bus in order to reach the venue of election i.e. Senate Hall, Sri Venkateswara University, Tirupati which is to be held on 04.02.2025.
11. Accordingly, with the above direction, this writ petition is disposed of. There shall be no order as to costs.
Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed.
___________________ JUSTICE V.SUJATHA Date: 03.02.2025 GSS