IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT PETITION No.7600 of 2009 Between: Zahid Ali Khan S/o. Late Abid Ali Khan R/o. H.No. 4-11-55, M.M. Pahadi, Attapur, Rajendranagar, Hyderabad. ..... PETITIONER AND 1 The Election Commission of India Nirvachan Sadan, Ashoka Road, New Delhi. 2 The Observers, Chief Election Commission 09-Hyderabad Parliamentary Constituency Dr. MCR Institute, Road NO. 25 Jubilee Hills, Hyderabad. 3 The Chief Electoral Officer A.P. Incharge, Secretariat, Hyderabad. 4 The District Collector/Returnuing Officer -09. Hyderabad Parliamentary Constituency Nampally, Hyderabad. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a writ or order/s more particularly one in the nature of writ of Mandamus declaring the action of the respondents in not taking action against the Corrupt practices and electoral offences in 09-Hyderabad Parliamentary constituency as being illegal, arbitrary and unconstitutional. Counsel for the Petitioner:MR.V.VENKATA MAYUR Counsel for the Respondent No.: MR.S.NIRANJAN REDDY The Court made the following : IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT PETITION No.7618 of 2009 Between: Moullim Mohsin Bin Hussain Al Kasary S/o.Moullim Hussain Al-Kaseri H.No.19-3-528/1/47/A, Ajanta Studio, Paeen bagh, Jahanuma, Hyderabad. ..... PETITIONER AND 1 The Election Commission of India, Nirvachan Sadan, Ashoka Road, New Delhi. 2 The Observers Chief Election Commission, 09-Hyderabad Parliamentary Constituency, Dr.MCR Institute, Road No.25, Jubilee Hills, Hyderabad. 3 The Chief Electoral Officer, A.P. Incharge, Secretariat, Hyderabad. 4 The District Collector / Returning Officer 09-Hyderabad Parliamentary Constituency, Nampally, Hyderabad. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a Writ/s or Order/s more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not taking action pursuant to the representation dated 06.04.2009 as being illegal, arbitrary and unconstitutional. Counsel for the Petitioner:MR.NIVARTHI M.S. Counsel for the Respondent No.: MR.S.NIRANJAN REDDY The Court made the following : IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT PETITION No.7619 of 2009 Between: M.A. Quddus Ghori S/o. Zamal Ghori R/o H.No. 20-7-480, Taleem-e-Mallad, Petla Burj, Hyderabad. ..... PETITIONER AND 1 The Election Commission of India Nirvachan Sadan, Ashoka Road, New Delhi. 2 The Observers, Chief Election Commission 09-Hyderabad Parliamentary Constituency Dr. MCR Institute, Road NO. 25 Jubilee Hills, Hyderabad. 3 The Chief Electoral Officer A.P. Incharge, Secretariat, Hyderabad. 4 The District Collector/Returnuing Officer -09. Hyderabad Parliamentary Constituency Nampally, Hyderabad. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ or order/s more particularly one in the nature of writ of Mandamus declaring the action of the respondents in not taking action against the Corrupt practices and electoral offences in 09-Hyderabad Parliamentary constituency as being illegal, arbitrary and unconstitutional and be pleased to pass Counsel for the Petitioner:MR.RAJAGOPALLAVAN TAYI Counsel for the Respondent No.: MR.S.NIRANJAN REDDY The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT PETITION Nos.7600, 7618 and 7619 of 2009 COMMON ORDER: (per the Hon’ble Sri Justice V. Eswaraiah) Since similar questions arise for consideration in these writ petitions, they are taken up together for disposal by way of this common order. These writ petitions are filed seeking issue of a Writ of Mandamus declaring the action of the respondents, in not any taking action on the representations made against the corrupt practices and electoral offences in 09-Hyderabad Parliamentary Constituency, as illegal and arbitrary. It is the case of the petitioners that the All India Majlis Ittehadul Muslimeem party (AIMIM) indulged in various corrupt practices instigating and compelling innocent muslim voters to cast their vote in its favour for protection of ‘Shariah’. The AIMIM party is allegedly making derogatory speeches against the petitioner in W.P.No.7600 of 2009, who is supported by Telugu Desam Party and other parties like TRS, CPI, CPM and MBT etc., which formed into an alliance to defeat the AIMIM party and is also alleging that he is indirectly supported by BJP. It is stated that the AIMIM party is seeking votes on the ground of religion, which amounts to a corrupt practice as defined under Section 123(3) and (3-A) of the Representation of the People Act, 1951. Aggrieved by the derogatory speeches and promotion of communal hatred among the muslim voters, the party people of the petitioner in W.P.No.1600 of 2009 made an oral representation to the respondents on 06-04-2009, but no action has been taken against the AIMIM party. It is further stated that the local leaders of the AIMIM party secured several voters’ identity cards and photographs on the pretext of providing gas connections and sewing machines and also for distributing cash of Rs.1,000/- to the lady voters and cash of Rs.5,000/-, cricket kits, two wheelers etc. Various allegations have been made with regard to other corrupt practices. Similar averments and allegations are made in the other two writ petitions. A counter has been filed by the Additional Chief Electoral Officer on behalf of the Election Commission of India stating that the Returning Officer of 09-Hyderabad Parliamentary Constituency has appointed Shadow Teams to record day-to-day activities of important contesting candidates i.e., Sri Zahed Ali Khan, TDP, Sri P.Laxman Rao Goud, Indian National Congress, Sri Asaduddin Owaisi, AIMIM, Sri Samy Mohammed, BSP, Sri Satish Agarwal, BJP and Smt.Fathima A, Praja Rajyam Party. All the speeches and programmes of the aforesaid contesting candidates have been recorded by the Shadow Teams till completion of the polling. Everyday movements and speeches of the above contesting candidates were videographed and the CDs were sent to the Election Observers. Enforcement teams consisting of Revenue/Police and GHMC officials were engaged for implementing the Model Code of Conduct. The police had deployed 4 platoons of para military forces, 9 platoons of APSP, 850 number of local police including lady constables. Special teams were created for going around and verifying each of the polling stations on the polling date. In 68-Yakuthpura Assembly Constituency, out of 243 polling stations, 160 polling stations were identified to be sensitive in consultation with the ACP, Santhoshnagar and the Election Commission observer. 34 Micro observers were deployed to cover 117 polling stations. Video cameras were deployed for covering another 35 polling stations. 5 Platoons of para military forces, 10 platoons of CRPF and 990 numbers of local police including lady constables were deployed for a peaceful and fair polling and to prevent any possibility of impersonation and bogus voting. As far as possible, installation of CCTVs or video cameras was directed to be carried out by the Returning Officers of all the 7 Assembly segments in all the polling stations in 09-Hyderabad Parliamentary Constituency in consultation with the Additional Commissioner of Police. It is stated that in spite of the said measures taken by the respondents, some minor untoward incidents occurred. The Model Code of Conduct will be enforced upto 28-05-2009 i.e., even after completion of election process. Any violations even after polling will be viewed seriously and in fact the speeches and the action of the respective candidates have been recorded and the Chief Electoral Officer had already submitted a report to the Election Commission of India for taking necessary action. If any of the candidates indulges in corrupt practices and violates the Model Code of Conduct, it is always open to the Election Commission of India to independently take appropriate action in accordance with law irrespective of whether any complaint or a representation is made by the affected and other political parties. If the Election Commission of India fails to take any action on such violations, it will be a ground for attack in an election petition. Therefore, it is open to the writ petitioners as well as the respondents to take all appropriate steps in accordance with law. With the aforesaid observation, the writ petitions are disposed of. There shall be no order as to costs. ________________ V.ESWARAIAH, J __________________ SANJAY KUMAR, J Date : 28-04-2009 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1) 2 CD copies Form-NIC-OGS/WP{VSMI}