IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SIXTEENTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE G.BHAVANI PRASAD WRIT PETITION NO : 27159 of 2008 Between: Mana Party, A Registered Political party, Rep by its President, Kasani Gnaneswar Mudiraj, s/o. Late K. Ramulu, Aged about 50 years, R/o. 7-1-414/17/B, Srinivasa Colony East, Hyderabad - 500 038. ..... PETITIONER AND 1 Election Commission of India, Rep by its Under Secretary, Nirvachan Sadan, Ashoka Road, New Delhi. 2 State Election Commission, Rep by its Secretary, 3rd Floor, Buddha Bhavan, M.G. Road, Secunderabad. 3 The State of Andhra Pradesh, Rep by its Chief Electoral Officer and Principal Secretary to Government, General Administration (Elections.E) Department, Secretariat, Hyderabad. 4 The State of Andhra Pradesh, Rep by its Secretary, Revenue Department, Secretariat, Hyderabad. 5 The Ditrict Collector, Ranga Reddy District at 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 to issue a writ of mandamus or any other appropriate writ declaring that the action of the respondents in not providing the facility of appointment of booth level agents to the petitioner - registered state level political party for the purpose of special summary rivision of the electoral roll meant to be utilize for the ensuring elections 2009 for the Assembly and Parliamentary Constituencies of the state as contained in the letter of the 1st respondent dated 19-11-2008, is arbitrary and discriminatory and consequently direct the respondents to allow the petitioner summary revision of photo electoral rolls on par with the recognized state and National level political parties and grant Counsel for the Petitioner:MR.V.VENKATARAMANA Counsel for the Respondent No.: SMT.C.JAYASREE SARATHY ORDER: (Per Sri Justice GHULAM MOHAMMED) Smt C. Jayashree Sarathy, Standing Counsel for Election Commission of India brought to our notice the fax message dated 15th December 2008, received from the Secretary, Election Commission of India. The relevant portion of the same reads as under: “The special facilities provided to recognize parites can not be said to be arbitrary or discriminatory. There are several provisions in the law which treat the recognized parties and the un-recognized parties differently - (i) in the matter of free supply of electoral roll both for the recognized parties as well as for the candidates set up by the recognized parties (rules 11(c) and 22 (1) (c ), Section 78A of RP Act, 1951), (ii) arrangement of name of candidates in list of contesting candidates and ballot papers (Section 38 of R.P. Act, 1951), (iii) free airtime for campaigning (Section 39 A of R.P Act, 1951), (iv) number of leaders permitted to canvass under Section 77 (1), of R.P. Act, 1951) (v) adjournment of poll on the death of candidate (Section 52 of R.P. Act, 1951, (vi) reservation of symbol. The Hon’ble Supreme Court has held as valid the special treatment to recognized parties vis-à-vis the un-recognized parties (Ramakant Pandy vs. Union of India –AIR 1993 SC 1766).” Sri Vedula Venkataramana, learned counsel appearing for the petitioner submits that in view of the above, the cause in the Writ Petition does not survive for adjudication and the same has become infructuous. Recording the submission made by the learned counsel appearing for the petitioner, the Writ Petition is dismissed as infructuous. There shall be no order as to costs. _____________________________ GHULAM MOHAMMED, J ___________________________ G. BHAVANI PRASAD, J Dt. 16.12.2008 KA ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 Election Commission of India, Rep by its Under Secretary, Nirvachan Sadan, Ashoka Road, New Delhi. 2 State Election Commission, Rep by its Secretary, 3rd Floor, Buddha Bhavan, M.G. Road, Secunderabad. 3 The State of Andhra Pradesh, Rep by its Chief Electoral Officer and Principal Secretary to Government, General Administration (Elections.E) Department, Secretariat, Hyderabad. 4 The State of Andhra Pradesh, Rep by its Secretary, Revenue Department, Secretariat, Hyderabad. 5 The Ditrict Collector, Ranga Reddy District at Hyderabad. 6. 2CD copies