Thummala Hemanth Reddy Vs the State of Andhra Pradesh

THUMMALA HEMANTH REDDY, S/O LATE THUMMALA MAHESWARA REDDY,AGED ABOUT 25 YEARS, R/O DOOR NO.1155-A, R THUMMALAPPALI VILLAGE,PULIVENDULA MANDAL,Y.S.R KADAPA DISTRICT

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...PETITIONER

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AND

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THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY,PANCHAYAT RAJ AND RURAL DEVELOPMENT,SECRETARIAT BUILDINGS, VELAGAPUDI,AMARAVATHI,GUNTUR DISTRICT

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THE STATE ELECTION COMMISSION, ROOM NO.192, GROUND FLOOR, BUILDING NO.5, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATI REP., BY ITS COMMISSIONER.

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THE DISTRICT COLLECTORCUMELECTION OFFICER, Y.S.R KADAPA DISTRICT, KADAPA.

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THE RETURNING OFFICERCUMSPECIAL DEPUTY COLLECTOR, , LAND ACQUISITION OFFICER, NATIONAL HIGH WAYS, KADAPA.

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MAREDDY BHARATH REDDY, S/O.RAMACHANDRA REDDY @ CHANDRUDU AGED ABOUT 55 YEARS, R/O.D.NO.4/34-A, KASANUR VILLAGE, SIMHADRIPURAM MANDAL, Y.S.R KADAPA DISTRICT

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2

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...RESPONDENT(S):

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Counsel for the Petitioner:

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1.D DORABABU

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Counsel for the Respondent(S):

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1.GP FOR PANCHAYAT RAJ RURAL DEV

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The Court made the following:

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ORAL ORDER:

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Heard Sri V.R. Reddy Kovvuri, learned Counsel appearing on behalf of Sri D. Dorababu, learned Counsel for the Writ Petitioner, Sri Dhammalapati Srinivas, learned Advocate General representing the Department of Panchayat Raj and Rural Development, Sri Viswanath Challa, learned Counsel representing Sri S. Vivekchandra Sekhar, learned Standing Counsel for the State Election Commission (Respondent No.2) and Sri Adinarayana Rao B, learned Senior Counsel appearing online for the Unofficial Respondent No.5.

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The prayer sought in the present Writ Petition is as under:

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“to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction on the part of the respondent No.2 in acting on the representation, dated 06.08.2025 submitted by the petitioner, bringing to her notice that, the respondent No.5 who is contesting as an independent candidate is openly associating and actively campaigning in favour of the ruling party thereby violating the model code of conduct and sanctity of contesting as an independent candidate as arbitrary, illegal, abdication of the statutory duty cast on her and also the well established legal principles apart from being violative of the fundamental rights guaranteed him under Articles 14, 19 and 21 of the Constitution of India and consequently direct the respondent No 2

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(i) disqualify the respondent No 5 from contesting the election on the grounds of violation of the election rules and misuse of independent candidature

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3

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(ii)	withdrawal of all election-related privileges and facilities extended to the respondent
	No.5 as a contesting candidate including
	provision of vehicles, appointment of
	general/polling/counting agents and movement as contesting candidate within the constituency,
(iii)	restrict his activities to that of an ordinary voter only, thereby ensuring the fairness of the electoral process and pass such other
	order or orders as are deemed fit and
	proper in the circumstances of the case.”

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The facts would indicate that the Writ Petitioner has a grievance against the Unofficial Respondent No.5 to the effect that the said Unofficial Respondent No.5, being a contesting candidate, is canvassing on behalf of another candidate contesting from a different political party and that the same would undermine the integrity of the independent status of the Unofficial Respondent. It is the contention of the Writ Petitioner that this is contrary to the Model Code of Conduct.

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At the outset, this Court is of the view that this Writ Petition cannot be entertained, inasmuch as the issues raised by the Writ Petitioner are factual in nature and shall require a trial to prove the correctness of the allegations.

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In this view of the matter, this Writ Petition is dismissed. No order as to costs.

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Interlocutory Applications, if any, stand closed in terms of this order.

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______________________________________ GANNAMANENI RAMAKRISHNA PRASAD, J

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Dt : 11.08.2025

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Vns

Thummala Hemanth Reddy v. the State of Andhra Pradesh

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Thummala Hemanth Reddy v. the State of Andhra Pradesh

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