Point of Law: Principle of secrecy of ballot cannot stand aloof or in isolation and in confrontation to the foundation of free and fair elections, viz., purity of election. They can coexist but as stated earlier, where one is used to destroy the other, the first one must yield to principle of purity of election in larger public interest. In fact secrecy of ballot, a privilege of the voter, is not inviolable and may be waived by him as a responsible citizen of this country to ensure free and fair election and to unravel foul play

ORDER :

J.K. Maheshwari, J.

Writ Petition (PIL) No.177 of 2019 has been filed seeking relief in the nature of Mandamus against the in-action of respondents 2 to 5 not restraining the ruling YSRC Party members (in short ‘YSRCP’) in painting the Village Panchayat office building of Pallapadu village, Vatticherukuru mandal, with the colours of its party flag; that such an act is unconstitutional, arbitrary and illegal, however prayed for direction against the respondents to stop the ruling YSRCP from painting the Pallapadu Village Panchayat office building by the colours in the party flag. The direction has also been sought, asking interim relief, to stay painting the Pallapadu Village Panchayat office building.

2. The Court, while entertaining the P.I.L., on 13.12.2019, by way of interim relief, directed that the State Government shall not paint the Government buildings with the colours of the flag of a particular political party. It is also observed that, if the petitioner submits any complaint in this regard to the Election Commission, it shall be taken care by them. Report was sought from the Collector & District Magistrate, Guntur District, as to on which date these colours were painted on the Village Panchayat office buildings; what was the expenditure incurred on such painting; who is the person responsible for painting of these colours and why the colours of particular political party flag have been painted on the Village Panchayat office buildings.

3. Writ Petition (PIL) No.18 of 2020 has been filed, inter alia, contending that, despite the interim order passed by the Court, the respondents have not restrained the members of the ruling YSRCP from painting the Village Panchayat office buildings/Sachivalayas with the colours akin to its party flag, however, prayed appropriate directions that such painting of the Panchayat buildings/Sachivalayas with the colours of the party flag may be declared unconstitutional, corrupt, illegal and contrary to the provisions of the Representation of Peoples Act, 1951 and to direct them to remove the paints applied to the Village Panchayat office buildings/Sachivalayas.

4. The petitioner in W.P. (PIL) No.177 of 2019 has specifically pleaded that he is a resident of Pallapadu village, Vatticherukuru mandal, Guntur District. He is filing this writ petition on the premise that in the said village, the building of the Gram Panchayat and several developmental project works, namely, public meeting stage, Government High School, Digital Classroom, Library, Pure Drinking Water Plant, Veterinary Hospital, Bus-Station, were constructed taking funds from the Non-Resident Indians (NRIs.) of the same village. Those NRIs., are not happy by these activities of colouring and on account of the act of the respondents, it is informed, in future, they will not provide fund for development projects of the village, because the buildings constructed from their funds is being used by the political parties for their campaign and promotion, looking to the upcoming Panchayat Elections. The petitioner contends that, with intent to have cheap election publicity, public money has been mis-utilized by the ruling party, putting the colours of their party flag on the Government buildings, i.e. Panchayat. It is said that for the development of the village, 80% funds were given by NRIs., and the Government has only given 20% funds. As the villagers are neutral to all the political parties, however, they cannot recognize such act, which may amount to malpractice. In that view of the matter, above-mentioned relief’s have been prayed for.

5. In the subsequent case, i.e., W.P. (PIL) No.18 of 2020, the petitioner is a resident of Lakkavarapukota Talari village, Lakkavarapukota mandal, Vizianagaram District, where also, the Gram Panchayat building/Sachivalayam, has been painted with the colours of the party flag of ruling YSRCP on 22.01.2020, despite the interim order of the Court. The respondents are continuing to paint the Panchayat