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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
VENKATESWARLU NIMMAGADDA, J.
Yuvajana Sramika Rythu Congress Party (YSRCP) - Petitioner
Versus
The State Of Andhra Pradesh - Respondent
Writ Petition No.20944 of 2025
Decided on : 07-08-2025
| Table of Content |
|---|
| 1. order notification and wrap-up of proceedings. (Para 2 , 9) |
| 2. election notification issuance and schedule. (Para 3) |
| 3. petitioner's requests for election safeguards. (Para 4) |
| 4. lack of response to the petitioner's representation. (Para 5) |
| 5. respondent's compliance with requests and order. (Para 6) |
| 6. court's principle on election interdicts. (Para 7) |
| 7. writ disposed without costs. (Para 8) |
ORDER :
VENKATESWARLU NIMMAGADDA, J.
This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:-
“to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not taking any required corrective measures such as arranging CC Tv surveillance, Web- Casting, deployment of independent observers, police protection to contesting candidates, constitution of election control rooms and video documentation of entire election process as illegal, arbitrary and violative of Articles 14 and 243 of the Constitution of India and consequently direct the respondents to conduct the proposed elections to the casual vacancies of Mandal Parishad Territorial Constituencies (MPTCs), Zilla Parishad Territorial Constituencies (ZPTCs) and Gram Panchayaths on a level playing field as per the Schedule issued on 28.07.2025 by taking all measures as requested by the petitioner in its representation dated 31.07.2025 and pass such other order.”
2. Heard the learned counsel for the petitioner, learned Government Pleader for respondent No.1, learned Standing Counsel for respondent No.2 and learned Government Pleader for Home for respondent No.3.
3. Learned counsel for the petitioner submits that the respondent No.2 issued an election notification dated 28.07.2025 for conducting By-Elections to the local Panchayat Raj authorities under Section 16 of the Andhra Pradesh Panchayat Raj Act, 1994 r/w Rules 4 and 6 of the Andhra Pradesh Panchayat Raj (Conduct of Elections) Rules, 2006. As per the notification, the relevant election schedule is as follows:
| a) Date of issue of Election Notice by the Returning Officer in Form-I under Rule 6 of A.P. Panchayat Raj (Conduct of Election) Rules, 2006. b) display of Ward-wise electoral roll of Gram Panchayat by Returning Officer under Rule 5 of A.P. Panchayat Raj (Conduct of Elections) Rules, 2006. | 30.07.2025 (From this date, nominations can be filed between 10.30 AM and 5 PM) |
| Conduct of Poll, wherever necessary | 10.08.2025 (from 2 PM onwards) |
| a) Date of conduct of Upa- Sarpanch election under Section 14(10) of A.P. Panchayat Raj Act, 1994 (Applicable for Kondapi Gram Panchayat) b) If for any reason, the election of Upa-Sarpanch is not held on the date aforesaid, it shall be held on the next day, whether or not it is a holiday observed by the GP. | On the same day on which the results are declared |
4. After issuance of such notification and notice by respondent Nos.2 and 3, the petitioner herein submitted a detailed representation to the 2nd respondent on 31.07.2025, requesting/praying as under:
“In view of the above, it is most respectfully prayed that this Hon’ble Commission may be pleased to: Issue urgent and time-bound instructions to the State and district-level authorities for the implementation of the safeguards listed herein; Direct the DGP of Andhra Pradesh to ensure police protection and non- interference in the election process; Constitute a Special Supervisory Committee or Task Force to monitor the conduct of elections in sensitive regions; Take stern action against officials found complicit in any electoral malpractice or administrative bias; Ensure that the upcoming elections are held in full compliance with constitutional mandates, electoral law, and principles of natural justice.”
5. Learned counsel for the petitioner further submits that even after receipt of the said representation, the 2nd respondent herein neither considered the representation nor passed any proceedings by way of reply. Hence, the pr
The court emphasized that it will not interfere with the election process once initiated, except to ensure it is conducted fairly and lawfully.
Point of law: Where the Government or any authority passes an order which is contrary to rules or law it becomes amenable to correction by the courts in exercise of writ jurisdiction
The court affirmed the obligation of election authorities to ensure free and fair election processes, ruling that this duty is enforceable through judicial review.
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).
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....
Writ petitions challenging election irregularities must be addressed by election tribunals, not courts, emphasizing the constitutional bar on judicial interference in electoral matters.
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