The court mandates adherence to election rules ensuring that polling agents are voters from designated polling areas.

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 agents for Pullvendula Zilla Parishad Territorial Constituency, strictly in accordance with Rule 19 of the Andhra Pradesh Panchayat Raj (Conduct of Election) rules, 2006 and also guideline No. 2 of Chapter 8 of the Model Code of Conduct issued by the respondent No. 1 and pass such other order.”

2. Heard the learned counsel for the petitioner, learned Government Pleader for Panchayt Raj for respondent No.1, learned Standing Counsel for respondent No.2, learned Government Pleader for Revenue respondent Nos.3 and 4.

3. Learned counsel for the petitioner submits that the petitioner is one of the contesting candidates for the By-Election of Pulivendula ZPTC representing the recognized party i.e., YSR Congress party. The reasonable apprehension and limited prayer of the petitioner herein is that respondent Nos.2 to 4 herein shall adhere to Rules 18(1) and 19(1 )(i) of Conduct of Elections Rules.

4. Rule 18(1) of Conduct of Election Rules, deals with who would be the election agent and how to be appointed. Rule 19(1)(i) contemplating as under;

“i) The Polling Agent, who is appointed by the contesting candidate, shall be a voter in the same polling station or in the alternate from the neighbouring polling station falling in the same Mandal Parishad Territorial Constituency.”

5. In view of the statutory rules, the respondents cannot allow any other person who is not a voter of the concerned polling station or neighbouring polling station falling under the same Mandal Parishad Territorial Constituency, to be appointed as poling agent. Hence, the Writ Petition.

6. On the other hand, learned Standing Counsel for respondent No.2 and learned Government Pleader for respondent No.1 submits that the respondent No.2 issued a detailed circular directing all the Returning Officers including the respondent Nos.3 and 4 herein to adhere Rule 19 and without compliance of Rule 19(1)(i) which was reiterated above no polling agent can be appointed who is not a voter of subject polling station or other polling station within the same Mandal Parishad Territorial Constituency.

-

7. In view of the dear and categorical instructions issued by way of circular to the respondent Nos.2 and 3 along with all other election officers, this Court is inclined to dispose of the Writ Petition directing respondent Nos.2 to 4 herein to adhere to Rule 19(1)(i) of Conduct of Election Rules and also as per circular dated 19.03.2019 without fail and conduct elections in free, fair, impartial and peaceful manner, which is the core object of the democracy.

8. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs.

9. Learned Standing Counsel as well as the learned Government Pleader are directed to inform the order of this Court to the respondents.

As a sequel miscellaneo