Point of Law: Powers conferred on her under Article 243-ZA of the Constitution of India and Sections 10-A and 10-B of the Andhra Pradesh Municipalities Act, 1965 and the Andhra Pradesh Municipalities (Conduct of Election of Members) Rules, 2005, for election of members of the respective Wards.

ORDER :

This writ petition is filed for a mandamus directing the respondents to provide police aid to the petitioners for filing nominations for the election of Gurajala Nagar Panchayat as per Notification dated 01-11-2021.

2. Heard learned counsel for the petitioners, learned Government Pleader for Home appearing for respondents 1 to 5 and Ms. M. Aishwarya, learned Advocate appearing for Sri V. Vivek Chandrasekhar, learned Standing Counsel for the 6th respondent-A.P. State Election Commission.

3. The State Election Commissioner has issued Notification dated 01-11-2021 in exercise of the powers conferred on her under Article 243-ZA of the Constitution of India and Sections 10-A and 10-B of the Andhra Pradesh Municipalities Act, 1965 and the Andhra Pradesh Municipalities (Conduct of Election of Members) Rules, 2005, for election of members of the respective Wards. As per the said Notification, the process of filing nominations starts from 03-11-2021 up to 05-11-2021 for the election that is scheduled to be held on 15-11-2021.

4. The petitioners assert that they intend to contest the said election and to file nominations for the said election. It is stated that some people who belong to the opposition party have been threatening them with dire consequences if they file any such nomination and making efforts to prevent them from contesting the said election. Therefore, they are before this Court by way of this writ petition seeking police protection to enable them to file nominations to contest the said election.

5. Learned Government Pleader for Home, on instructions, would submit that there is nothing to indicate from the record that the petitioners have lodged any report with the Police alleging that any such person or persons have threatened them with dire consequences to prevent them from filing any such nominations and as such without approaching the concerned authorities that they are not justified in approaching this Court by way of this writ petition. Learned Government Pleader for Home would further submit that standing instructions would normally be issued by the State Election Commissioner directing the District Collector and the Superintendents of Police and all the concerned Police to provide necessary protection to any person who approach with any complaint of such threat made to prevent them from filing any nomination and he would submit that if the petitioners approach the concerned authority with a representation that they would take appropriate action.

6. Ms. M. Aishwarya, learned Advocate, appearing on behalf of the Standing Counsel for the 6th respondent-Election Commission would also submit that if any such representation is submitted to the Election Commission that they will issue necessary direction to the concerned Police to provide necessary police protection to the petitioners to file nominations.

7. Therefore, the writ petition is disposed of with a direction to the petitioners to submit written representation to the 4th respondent-Station House Officer of Gurajala Urban Police Station of Guntur district by 10.00 a.m. on 03-11-2021 giving the details of the persons who threatened them to prevent them from filing nominations and also to submit a representation to the A.P. State Election Commission i.e., the 6th respondent by Email by 10.00 a.m. tomorrow i.e. on 03-11-2021. On receipt of such representation by both the 4th respondent and also the 6th respondent, they shall provide adequate police protection to the petitioners to enable them to file their nominations to contest the said election to ensure fair election that is scheduled to be held on 15-11-2021. Pending applications, if any, shall stand closed. No costs.