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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
GANNAMANENI RAMAKRISHNA PRASAD
Erragam Reddy Subba Reddy, S/o E Venkata Subba Reddy – Appellant
Versus
State Of Andhra Pradesh – Respondent
JUDGMENT :
GANNAMANENI RAMAKRISHNA PRASAD, J.
1. Heard Sri P. Veera Reddy, learned Senior Counsel appearing on behalf of Sri V.R. Reddy Kovvuri, learned Counsel for the Writ Petitioner in W.P.No.21661 of 2025; Sri S. Sri Ram, learned Senior Counsel appearing (online) on behalf of Sri Gouthami Surapareddy, learned Counsel for the Writ Petitioner in W.P.No.21648 of 2025; Sri B. Adinarayana Rao, learned Senior Counsel appearing on behalf of Sri Shaik Md. Ismail, learned Counsel for the Respondent No.14 in W.P.No.21661 of 2025 and also on behalf of Sri K. Yashwanth, learned Counsel for the Respondent No.7 in W.P.No.21648 of 2025; Sri Dammalapati Srinivas, learned Advocate General for the State and Sri S. Vivek Chandra Sekhar, learned Standing Counsel for State Election Commission appeared through online.
2. These Writ Petitions are filed challenging the inaction on the part of the State Election Commission in acting on the Representations made by the Writ Petitioners complaining of various irregularities in the by-election held on 12.08.2025 of Vontimitta Zilla Parishad Territorial Constituency (ZPTC) and Pulivendula Zilla Parishad Territorial Constituency (ZPTC).
-3. The prayer sought in
Writ petitions challenging election irregularities must be addressed by election tribunals, not courts, emphasizing the constitutional bar on judicial interference in electoral matters.
Election disputes must be addressed through statutory remedies, and writ petitions are not maintainable when an alternative remedy exists under the relevant election laws.
The court ruled that election disputes must be resolved through statutory remedies as outlined in the West Bengal Panchayat Elections Act, 2003, and cannot be addressed via writ petitions due to cons....
Election grievances must be addressed through statutory election petitions, not writ proceedings, reinforcing that the Election Commission should act based on reports by election officials.
Interference in electoral matters after results are declared is barred by Articles 243-O and 243-ZG; the appropriate recourse is through an election petition.
Election - writ petitions instituted seeking re-poll including a challenge to the decision of the 1st respondent -Election Commission refusing such prayer are not maintainable in view of the constitu....
Election disputes must be resolved through election petitions under the Representation of the People Act, 1951, not through writ petitions, due to the constitutional bar under Article 329(b).
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