Disposed

Kovelamudi Ravindra, v. The State of Andhra Pradesh

Andhra Pradesh HC8 Sept 2020WP(PIL)/65/2020

Case brief

AI extract

What is this about?

In a PIL, the petitioner challenged the inaction of the Election Commission regarding Model Code of Conduct complaints. The Court observed that ECI had issued necessary circulars and directed the Commission to take strict action on violations, thereby disposing of the petition without further directions.

What did the court decide?

No relief granted. Petitioner directed to approach Election Commission if violations occur.

Kovelamudi Ravindra, Vs The State of Andhra Pradesh — Election Law | Andhra Pradesh HC (2020)

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HCJ & KSR,J W.P.(PIL) No.65/2020

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HIGH COURT OF ANDHRA PRADESH : AMARAVATI

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CHIEF JUSTICE J.K. MAHESHWARI

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JUSTICE K. SURESH REDDY

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WRIT PETITION (PIL) No.65 of 2020

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(Taken up through video conferencing)

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Kovelamudi Ravindra, S/o Narayana Rao, Aged about 50 years, R/o D.No.5-80-11, 1^st Line, Ashok Nagar, Guntur, Mobile No.9849051111, Aadhaar Card No.391844987493.

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.. Petitioner.

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Versus

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The State of Andhra Pradesh, Rep., by its Chief Secretary, Government of Andhra Pradesh, A.P. Secretariat, Velagapudi, Amaravati, and (3) others.

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..Respondents. Counsel for the Petitioner : Smt. Sodum Anvesha

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Counsel for respondents No.1 & 2 : GP for Panchayat Raj & Rural Development

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Counsel for respondent No.3 : Sri Avinash Desai

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Counsel for respondent No.4 : Sri V.V. Prabhakara Rao

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ORAL ORDER

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Dt:08.09.2020

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per J.K. Maheshwari, CJ

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This writ petition under Article 226 of the Constitution of India has been filed by way of Public Interest Litigation, seeking the following relief:

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“to issue a writ, order or direction more particularly one in the nature of a Writ of Mandamus, declaring the inaction of the 4^th Respondent on the complaints given by Telugu Desam Party on 8.3.2020 and 9.3.2020 as illegal, irregular, arbitrary,

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HCJ & KSR,J W.P.(PIL) No.65/2020

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unconstitutional and unsustainable, and direct the 4^th Respondent to conduct the elections in free and fair manner and pass such an order and orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.”

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The 4^th respondent-Election Commission has filed counteraffidavit. In para No.11, the 4^th respondent stated as follows:

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“11. The Commission issued circulars on the following items in the context of implementation of Model Code of Conduct:

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(i) The Commission also issued circular instructions for giving caste certificates and no dues certificates by Revenue and Panchayat/Municipal officials on a fast track so as to facilitate candidates to file them at the time of filing nominations (Circular No.66/SECB1/2020, dated 06.03.2020).

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(ii) All statues, photographs, hoardings of Government advertisements displayed in public places shall be removed during the period MCC is in force (Circular No.95/SEC-B1/2020, dated 10.03.2020).

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(iii) All the activities relating to distribution of house sites under YSR Gruha Vasathi scheme shall be stopped during the election period when Model Code of Conduct is in force (Circular No.186/SEC-B1/2020, dated 14.03.2020).

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(iv) Village/Ward volunteers shall not participate in any political activity during election period (Circular No.206/SEC-B1/2020, dated 14-03-2020).

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(v) Exercise caution in invoking the provisions relating to imposing severe punishment for corrupt practices incorporated in the Acts governing local bodies by Ordinance No.2 and 3 of 2020 so as to eliminate scope for impression that they are selectively used against candidates of opposition parties in a biased and

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HCJ & KSR,J W.P.(PIL) No.65/2020

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partisan manner (Circular No.199/SEC-B1/2020, dated 14.03.2020).

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Having regard to the averments made in the counteraffidavit and the steps taken by the 4^th respondent-Election Commission, we expect that as and when any violation of Model Code of Conduct is found, strict action must be taken by the Election Commission, and an individual is not required to come to this Court.

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In view of the above, we dispose of this writ petition with a direction that if any violation of the Model Code of Conduct is being made by anyone, the Election Commission shall take action against such persons, as per law. No costs. As a sequel, all the pending miscellaneous applications shall stand closed.

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J.K. MAHESHWARI, CJ K. SURESH REDDY,J

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Nn.

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HCJ & KSR,J W.P.(PIL) No.65/2020

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HIGH COURT OF ANDHRA PRADESH : AMARAVATI

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CHIEF JUSTICE J.K. MAHESHWARI

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JUSTICE K. SURESH REDDY

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WRIT PETITION (PIL) No.65 of 2020

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(per J.K. Maheshwari, CJ)

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Dt: 08.09.2020

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Kovelamudi Ravindra, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Kovelamudi Ravindra, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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