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2024 Supreme(AP) 214
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Dhiraj Singh Thakur, R. Raghunandan Rao, JJ.
Dr.Chadalavada Aravinda Babu - Appellant
Versus
The Election Commission of India - Respondent
Writ Petition No. 26889, 25343 and 28058 of 2023
Decided On : 20-05-2024
Mr. B. Adinarayana Rao, ld. Sr. Counsel for Mr. T. Venu Gopal, Mr. Javvaji Sarath Chandra, Counsel for the Petitioner; Mr. D. S. Sivdarshan, Counsel for the Respondent.
IMPORTANT POINT
Violation of the Election Commission's manual did not create rights and obligations for the voters or candidates to complain about it.
Headnote:
Polling Stations - Violation of Election Commission's Manual - Section 62 of the Representation of People Act - Instruction 4.3.3, 4.3.5 of the manual
Fact of the Case:
The petitioners alleged that polling stations were shifted without consultation with political parties and without following the manual's instructions. The respondents justified the shifting based on the guidelines issued by the Election Commission of India.
Finding of the Court:
The court found that the official respondents did not strictly comply with the manual's instructions, but the process of rationalization undertaken by them did not render the same illegal. The court dismissed the writ petitions (Nos. 26889 and 25343 of 2023) as the violation of the manual's instructions did not create rights and obligations for the voters or candidates to complain about it. However, in writ petition No. 28058 of 2023, the court directed the official respondents to consider establishing polling stations in villages where voters had to travel more than two kilometers.
Issues: Violation of Election Commission's manual, compliance with guidelines for shifting polling stations, establishment of new polling stations
Ratio Decidendi: The violation of the Election Commission's manual did not create rights and obligations for the voters or candidates to complain about it. The court directed the official respondents to consider establishing polling stations in villages where voters had to travel more than two kilometers.
Final Decision: Writ petitions (Nos. 26889 and 25343 of 2023) dismissed. In writ petition No. 28058 of 2023, the official respondents directed to consider establishing polling stations in villages where voters had to travel more than two kilometers.
JUDGMENT
Dhiraj Singh Thakur, CJ. - In all these three writ petitions, since similar questions of law and fact arise, we propose to decide the same by way of a common judgment and order.
W.P.No.26889 of 2023
2. In this writ petition the petitioners claim that the polling station Nos.36 and 37 in Rompicherla Village, Narasaraopet Mandal were shifted to a different location in gross violation of the instructions contained in the Manual on Polling Stations (hereinafter referred to as 'the manual') prepared by the Election Commission of India.
3. Petitioner No.1, states that he is in-charge of a political party called TDP in Narasaraopet Assembly Constituency. Petitioner No.2 is stated to be resident of Rompicherla Village and had been casting her vote from booth No.36 in the said village. Petitioner No.3 is stated to be also a resident of Rompicherla Village and had been casting his vote in polling booth No.37 of the same village. Petition No.4 is stated to be a resident of Petlurivaripalem Village and had been casting his vote in polling booth No.223 of the said village. Whereas, Petitioner No.5 is stated to be also a resident of the Petlurivaripalem Village and had been casting his vote in polling booth No.224 of the same village.
4. The grievance of the petitioners is that these polling stations were shifted from their existing place without any consultative process with the political parties and without affording any opportunity of being heard to the petitioners. Mala fides have been alleged in regard to shifting of these polling stations and the main intention purportedly being to prevent the majority of the voters from existing locations from casting their vote which was otherwise guaranteed under Section 62 of the Representation of People Act.
5. Reference in detail was made to the instruction 4.3.3 contained in the manual issued by the Election Commission of India, which requires consultation with political parties.
Instruction 4.3.3 of the manual, envisages that proposals prepared after physical verification of existing polling stations, should be discussed with recognised political parties and that the complaints and suggestions received from such political parties should be enquired into and disposed of with a suitable reply to them.
According to Instruction 4.3.5 of the manual, a report is envisaged to be sent regarding the process followed in the rationalization of the polling stations by the District Election Officer. This Clause also envisages that if the proposals of the political parties are not accepted the report should mention the reasons for not accepting the same. Copies of the minutes of the meeting with political parties in which the subject of rationalization of polling stations was discussed are also envisaged to be sent.
Clause 4.3.5 (ii) of the manual also further envisages that the report should have a special section to reflect as to how the vulnerable Sections of the Society have unhindered access to polling stations without threat or intimidation.
6. In response to this writ petition the reply submitted by the Additional Chief Electoral Officer on behalf of the respondents denies any violation of the instructions contained in the manual referred to hereinabove. It is stated that the shifting of polling stations was justified in the facts and circumstances of the case and was ordered so accordingly. It is stated that as per Section 25 of the Representation of People Act, 1951, District Election Officer is the authority to provide a polling station in every constituency and that the provision made for polling station by the District Election Officer has to be approved by the Election Commission of India. The rationalization of polling stations involves various factors inter alia the distance of the polling station so that a voter is not required to travel more than two kilometres for casting his or her vote, that the polling station should be on the ground floor, that in localities predominantly inhabited by m
