Pullemla Venkatnaravana Goud, v. Election Commission Of India

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH HON'BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND HON'BLE SRI JUSTICE S.V. BHATT WRIT PETITION No. 41821 OF 2015 Date: 23.12.2015 Between:

Pullemla Venkatanarayana Goud ... Petitioner And Election Commissioner of India, Rep., by Chief Election Commissioner, Government of India, New Delhi & others.

... Respondents

HON'BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND HON'BLE SRI JUSTICE S.V. BHATT WRIT PETITION No. 41821 OF 2015

PC: (per the Hon'ble the Acting Chief Justice Dilip B. Bhosale) Heard Sri B. Venkatarama Rao, learned counsel for the petitioner. Petitioner in the instant writ petition seeks the following relief: "For the reasons stated in the accompanying affidavit it is therefore prayed that the Hon'ble Court may be pleased to issue an appropriate writ (or) order/direction to the respondents, particularly to the 1st and 2nd respondents ensuring the conduct of free and fair elections to the Nalgonda Local Authorities Constituency pursuant to Notification, dated 02.12.

2015, by taking all such necessary steps for transparency in the said elections such as (i) to deploy central special police force inside the polling stations and at voting centres by not confining the same to maintain law and other situation outside the polling booths, and (ii) to keep vigilance on local staff who are on duty, as contemplated under the provisions of the Representation of the People Act of 1951, in the interest of justice and pass such other order/s as this Hon'ble Court may deem fit and proper in the circumstances of the case." From bare perusal of the prayer, we are satisfied that direction, as prayed for, cannot be granted apart from the fact that it is not proper to issue such direction, which presumes that the Election Commission is not doing its job properly.

We are confident about the State Election Commission and also the Election Commission of India that they perform their functions properly. Hence, the writ petition is dismissed.

Miscellaneous petitions, if any, shall also stand dismissed. _________________________ DILIP B. BHOSALE, ACJ ________________________ S.V. BHATT, J Date: 23.12.2015 ES