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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
VENKATESWARLU NIMMAGADDA
Thummala Hemanth Reddy S/o. Late Thummala Maheswara Reddy – Appellant
Versus
State Of Andhra Pradesh – Respondent
| Table of Content |
|---|
| 1. writ petition filed under article 226 addressing polling agent appointment. (Para 1 , 2 , 3 , 4) |
| 2. court mandates compliance with election rules for polling agent appointments. (Para 5 , 6 , 7) |
| 3. writ petition concluded with directives to uphold election integrity. (Para 8 , 9) |
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 respondent Nos. 2 to 4 in accepting the request of the respondent Nos. 5 to 14 to appoint the Voters, who are not the voters of Pullvendula Zilla Parishad Territorial Constituency as Polling Agents, quite contrary to the Andhra Pradesh Panchayat Raj (Conduct of Election) Rules, 2006 and also guidelines issued by the respondent No. 1 in the form of Model Code of Conduct as arbitrary, illegal, abdication of the statutory duty cast on them and violative of the fundamental rights guaranteed the petitioner under Articles 14, 19 and 21 of the Constitution of India and consequently direct the respondent Nos.2 to 4 to appoint the Polling
The court mandates adherence to election rules ensuring that polling agents are voters from designated polling areas.
Voting integrity is paramount; voters on election duty must cast postal ballots only, affirming election rules and processes.
The provisions of Section 31(2) of the Andhra Pradesh Co-operative Societies Act, 1964 and Rule 22 of the Andhra Pradesh Co-operative Societies Rules, 1964 govern the preparation of voters lists and ....
The right to vote during election is strictly governed by election rules, prohibiting voters on election duty from voting at polling stations to maintain electoral integrity.
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.
The court emphasized that it will not interfere with the election process once initiated, except to ensure it is conducted fairly and lawfully.
The central legal point established in the judgment is the interpretation and application of the Maharashtra Village Panchayats Act, 1959, particularly Section 10A, and the definition of 'election' u....
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