IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRTY FIRST DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE V.ESWARAIAH and THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO : 6376 of 2009 Between: Sri. Bandi Saraswathi, S/o. Vijaya Bhaskar Reddy, R/o. Pedda Settipalli Village, Produtur Mandal Kadapa District. ..... PETITIONER AND 1 The Election Commission of India, At Andhra Pradesh, Rep by its Chief Electoral Officer, Secretariat, Hyderabad. 2 The District Collector, Collaborate Office, Kadapa , Kadapa District. .....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, order or direction more particularly one in the nature of WRIT OF MANDAMUS declare the action of Respondents in shifting the Polling Station No.-34 from MPUP School old building to MPUP New building in Survey No.35 of Kothapeta Village is illegal arbitrary and in violation of Election Notification 2008-2009 and consequently direct the Respondents to shift the Polling Station No.34 from MPUP new building at Kothapeta. Counsel for the Petitioner:MR.T.D.PANI KUMAR Counsel for the Respondent No.: S.NIRANJAN REDDY(SC FOR UCIL) The Court made the following : ORDER: (Per Sri V.Eswaraiah, J.) The writ petition is filed seeking a writ of mandamus to declare the action of the respondents in shifting the polling station No.34 from MPUP School old building to MPUP School new building in Survey No.35 of Kothapeta village as illegal, arbitrary and in violation of Election Notification 2008- 09 and consequently to direct the respondents to shift the polling station No.34 from MPUP new building to old building at Kothapeta. Heard the learned counsel appearing for both the parties. The petitioner is the Sarpanch of Peddasettipalli village, Proddatur Mandal, Kadapa District. It is stated that Kothapeta village is a hamlet of Peddasettipalli which comes under 251 Proddatur Assembly Constituency within 38 Parliamentary Constituency. Kothapeta village has about 829 voters out of which 408 are male voters and 421, female voters. It is stated that for the last 40 years the polling station 34, Kothapeta village was located in MPUP School which is in a good condition and the D.E.O also granted recognition to the school building up to 2010. It is also stated that shifting of the building is the subject matter of dispute in W.P.No.17262 of 2006 which is pending before this Court. The distance between the old building and new building is more than 500 meters and the voters of Kothapeta village have to pass through the burial grounds to reach the new polling station, which may cause inconvenience to the voters to cast their vote. It is further stated that the new polling station is situated in open fields and there is every chance of not allowing the voters to exercise their franchise freely and there is every chance to manipulate, threaten and intimidate the voters to cast their vote in one way or the other and therefore it may not be just and fair to shift the said polling station. The learned counsel appearing for the respondents obtained instructions and submitted that the polling station No.34 in 251 Proddatur Assembly Constituency, Kadapa District was previously located at MPUP School, Kothapeta village of Proddatur Mandal. As the school building was very old and in dilapidated condition, the MPUP School of Kothapeta village was shifted from the old building to a newly constructed building six months back which is also located in the same village. The classes for primary school children are also being conducted in the newly constructed school building. Accordingly, the polling station No.34 was shifted to the new building after placing necessary proposals in the political parties’ meeting and the same was approved by the Election Commission of India. The distance between the old and new polling stations is approximately 500 meters. The polling station was shifted from one end to another end (East to West) of the village. The new school building is adjoining the B.C colony and it is more convenient to the voters to cast their vote. In view of the aforesaid instructions and elaborate submissions, we are of the opinion that there is no material to contradict the position obtaining under the instructions given by the Commission. It is for the election authorities to take all the probabilities and facts and circumstances into consideration to enable the voters to exercise their franchise freely, fairly and without any inconvenience. As it is stated that the newly constructed MPUP School building is also within the village and it is more convenient, there is nothing illegal in the shifting of the polling station. If there is any chance of manipulation, threat or intimidation, it is for the election authorities to take the same into account and give suitable instructions to the officers concerned. As the election process has already commenced and the said polling station is also approved by the Election Commission of India, we do not see any merit in the writ petition. The writ petition is accordingly dismissed. No order as to costs. ________________ V.ESWARAIAH, J. ________________ SANJAY KUMAR, J. 31.3.2009 kpr