Writ petitions challenging election irregularities must be addressed by election tribunals, not courts, emphasizing the constitutional bar on judicial interference in electoral matters.

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 W.P.No.21661 of 2025 is as under:

“…… to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction on the part of the respondents No.2 to 4 in declaring that the elections in all fifteen (15) Polling Stations of Pulivendula Zilla Parishad Territorial Constituency are vitiated and going for Repoll, instead of two (2) Pollling Stations i.e., 3 & 14 Polling Stations and ordering for repoll, inspite of brining to their notice that all the Polling Stations of Pulivendula Zilla Parishad Territorial Constituency have been captured by the leaders and supporters of the ruling party for benefitting the respondent No.7 in the present election to the post of ZPTC Member of Pulivendula Constituency as arbitrary, illegal, abdication of the statutory duty cast on them and contrary to the principles of democracy apart from being violative of the fundamental rights guaranteed me under Articles 14, 19 and 21 of the Constitution of India and consequently direct

(a) the respondents No.2 to 4 to call for the CCTV footages and Web-casting videos related to the Polling Stations No.1, 2, 4 to 13 and 15 of Pulivendula Zilla Parishad Territorial Constituency and examine the same in the presence of the contesting candidates and to take a decision as to whether they are any irregularities or illegalities in conducting elections and

(b) direct of the respondents No.2 to 4 to declare the elections taken place in Polling Stations No. 1,2,4 to 13 and 15 of Pulivendula Zilla Parishad Territorial Constituency are vitiated in case the respondents No.2 to 4 found that there are irregularities and illegal in conducting elections therein and to conduct re-election in said Polling Stations also with adequate police security by deploy Central Armed Reserved Force and pass such other order or orders as are deemed fit and proper in the circumstances of the case”.

4. Since the facts relate to the alleged irregularities committed by the sympathizers and supporters of the Ruling Party candidates and there is inaction on the part of the Official Respondents despite the fact that the Writ Petitioners have made several Representations, the present Writ Petitions are filed. Therefore, with the consent of the parties, these Writ Petitions were heard together at the admission stage and the present Common Order is passed.

5. Before commencement of the arguments on behalf of the Writ Petitioners, Sri B. Adinarayana Rao, learned Senior Counsel appearing for Respondent No.7 in W.P.No.21648 of 2025 and Respondent No.14 in W.P.No.21661 of 2025 has raised a preliminary objection as regards the maintainability of these Writ Petitions.

Submissions of the Writ Petitioners

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6. Sri P. Veera Reddy, learned Senior Counsel appearing for the Writ Petitione