IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIRST 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.8190 of 2009 Between: 1 Panguluri Anjaneyulu Chowdary, S/o. Rattaiah R/o.7-362, 1st Lane, SBI Colony, Ramireddipet, Narasaraopet, Guntur District. 2 Prattipati Pulla Rao S/o. Subba Rao R/o. Pandaripuram, Chilakaluripeta, Guntur District. ..... PETITIONERS AND 1 The Chief Electoral Officer, Andhra Pradesh, Secretariat Buildings, Hyderabad. 2 The District Election Officer-cum District Collector, Guntur, Guntur District. 3 The Returning Officer, 216-Narasaraopeta Assembly Constituency, Narasaropet, Guntur District. 4 The Returning Officer, 215-Chilakaluripet Assembly Constituency, Chilakaluripet, Guntur District. .....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 an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd respondent in instructing not to accept the appointment of polling agents, against whom criminal cases and bind over cases are pending, to submit the list of proposed polling agents three days in advance to the Circle Inspectors and such polling agent must be the electoral of the same village, as contrary to law, illegal and arbitrary. Counsel for the Petitioner:MR.VENKATESWARLU POSANI 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 No.8190 of 2009 ORDER: (per the Hon’ble Sri Justice Sanjay Kumar) The 1st petitioner is the Election Agent of the Telugu Desam Party candidate from 216-Narasaraopet Assembly Constituency, Guntur District and the 2nd petitioner herein is the contesting candidate of Telugu Desam Party from 215 – Chilkaluripeta Assembly Constituency, Guntur District. The grievance of the petitioners in the present writ petition is with regard to the action of the District Election Officer-cum-District Collector, Guntur-2nd respondent herein, in instructing all the Returning Officers of the Parliamentary Constituencies and Assembly Constituencies in the District not to accept appointment of election agents, who are implicated in any crime, including bind over cases, for the elections scheduled to be held on 23-04- 2009. Sri Posani Venkateswarlu, learned counsel for the petitioners submits that such a condition could not be imposed without sanction and no such instructions had been issued in the other Districts of the State. Upon instructions, Sri S.Niranjan Reddy, learned counsel appearing for the Election Authorities, submits that no specific instructions in this regard were issued by the Chief Electoral Officer and that the 2nd respondent had introduced the said condition, keeping in mind the law and order situation prevailing in the District. It is stated that this measure was taken so as to ensure peace and see that the law and order is maintained on the polling day. We are of the opinion that unless a uniform decision is taken by the Chief Electoral Officer and a direction is given to implement the same all over the State, it would not be proper to allow each District Election Officer to adopt his own procedure. Such a situation would lead to utter chaos and no political party would be in a position to know where it stands with regard to appointment of election agents. The writ petition is disposed of directing the respondents to permit the contesting candidates to appoint election agents and polling agents of their choice irrespective of pendency of criminal cases and bind over cases against them. This direction is issued in view of the fact that there are no general instructions issued by the Chief Electoral Officer or the Election Commission of India in this regard. It is always open to the Election Commission of India or the Chief Electoral Officer to take a policy decision in this regard and issue necessary instructions, which would then be binding. There shall be no order as to costs. ________________ V.ESWARAIAH, J __________________ SANJAY KUMAR, J Date : 21-04-2009 Prv