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1999 Supreme(AP) 736
Andhra Pradesh High Court
Judges : B.SUBHASHAN REDDY, V.ESWARAIAH
Challa Ramakrishna Reddy - Appellant
Versus
Returning Officer, Banaganapalli - Respondent
Decided On : 09-01-99
The location of polling stations is not justiceable in a petition under Article 226 of the Constitution of India.
Headnote:
shifting - polling stations - The court held that the location of polling stations is a question of fact within the exclusive purview of the election authorities and not justiceable in a petition under Article 226 of the Constitution of India.
Fact of the Case:
The case involved the shifting of polling stations in Koilakuntla Assembly Constituency from one location to another.
Finding of the Court:
The court found no merit in the writ petition and dismissed it without costs, stating that the location of polling stations is not justiceable in a petition under Article 226 of the Constitution of India.
Issues: The main issue was the contention raised regarding the shifting of polling stations in the constituency.
Ratio Decidendi: The court held that the location of polling stations is a question of fact within the exclusive purview of the election authorities and not justiceable in a petition under Article 226 of the Constitution of India.
Final Decision: The writ petition was dismissed with no costs.
( 1 ) THE contention raised in this case is with regard to shifting of polling station Nos. 37, 39 and 40 in Koilakuntla Assembly Constituency. Previously, these three polling stations were located at Gramachavadi, Panchayat satram (Eastern Wing) and Panchayat satram (Western Wing), but now they have been shifted to Room No. 3, VIII B Class, room No. 5, VII A Class and Room No. 5 viii A Class of ZPHS respectively in owk Village. The question relating to location of polling stations is purely a question of fact and is within the exclusive purview of the authorities conducting the elections, and it is not for this Court to adjudicate upon the said aspects, and in fact the said aspects are not justiceable, more so in a petition under Article 226 of the Constitution of india.
( 2 ) WE find no merit in the writ petition, and it is accordingly dismissed. No costs.
