IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SEVENTEENTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION NO : 6126 of 2009 Between: Sri K.E.Krishna Murthy S/o.late K.E. Madanna Kurnool. ..... PETITIONER AND 1 The State Election Commission, represented by its Chief Election Commissioner, Hyderabad. 2 The Director General of Police, Government of Andhra Pradesh, Lakdikapool, Hyderabad. 3 The Superintendent of Police, Kurnool District at Kurnool. 4 Sri Syed Vali Dhone, Kurnool 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 to issue appropriate Writ or order or direction mostly one which is in the nature of Writ of Mandamus declaring the action of the respondents in continuation of the 4th respondent as Sub Divisional Police Officer of Dhone, Kurnool District by non consideration of the representations dt. 20.1.2009 and 12.3.2009 of the petitioner and others as illegal, irregular arbitrary unconstitutional, unjustified and unsustainable and pass. Counsel for the Petitioner:MR.P.VEERA REDDY Counsel for the Respondent No.: MR.V.V.PRABHAKARA RAO The Court made the following : HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON'BLE SRI JUSTICE K.C. BHANU WRIT PETITION No. 6126 OF 2009 ORDER: (Per Hon’ble Sri Justice A. Gopal Reddy) Heard the learned counsel for the petitioner and learned standing counsel for 1st respondent. Perused the material on record. The petitioner who is a prospective candidate to be filled as a candidate on behalf of Telugu Desam Party from Dhone Assembly segment, filed this writ petition seeking transfer of the Deputy Superintendent of Police, Dhone-4th respondent herein alleging that number of allegations are made against him that he is a sympathizer of Congress Party. The main allegation against the 4th respondent appears to be that one P.Venkatappa Naidu @ Kaptrala Venkatappa Naidu along with 10 others was brutally murdered by his opponents on 17.5.2008 and all the assailants belong to the Congress Party. The 4th respondent in whose jurisdiction the incident has occurred, tried his best to project the incident as an accident and only when the media and public started criticizing that the police are trying to project the incident as an accident, the police started investigation. It is stated that the respondents 2 and 3 by memo dated 22.5.2008 removed the 4th respondent from the duty and responsibility of investigation officer and handed over the investigation to the Deputy Superintendent of Police, Kurnool, who concluded the investigation and laid the charge sheet against 42 accused. It is further alleged that on 23.10.2006 the sympathizers of Congress Party drove away all the Telugu Desam Party sympathizers from Yerukula Cheruvu Village which resulted in filing of W.P.No.17619 of 2008 before this Court and the 4th respondent herein was impleaded in the said writ petition attributing mala fides and partisan attitude. Further, on account of a murder took place on 11.5.2008, the sympathizers of Congress Party drove away the Telugu Desam Party sympathizers from T.Gokulapadu Village of Krishnagiri Mandal and in that connection, W.P.No.1305 of 2009 was filed before this Court against the police officials. It is alleged that in connection with a case in Crime No.1 of 2009 registered basing on the complaint lodged by Smt. Suppogula Ayyamma for the offences under Sections 323 and 354 r/w 34 IPC and Section 3 of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, the 4th respondent being the investigation officer did not take any steps so far as the accused belong to Congress Party. In view of the above, the petitioner submitted a representation to the 1st respondent seeking transfer of 4th respondent from the office of Sub-Divisional Police Officer, Dhone, but so far, no action has been taken. Hence, he invoked the jurisdiction of this Court for issuing mandamus declaring the action of the 1st respondent in not considering the representation of the petitioner as arbitrary and illegal. In response to the notice, the Additional Chief Electoral Officer filed a counter affidavit enclosing a copy of the report submitted by the Superintendent of Police, Kurnool dated 31.3.2009. It is stated that with the said report submitted by the Superintendent of Police, Kurnool, the Election Commission has satisfied that the 4th respondent has not indulged in any activity to conclude that his activities are partial and partisan to the Congress Party and hence, there is no necessity to transfer the 4th respondent from the present station. The subjective satisfaction arrived at by the Election Commission basing on the report submitted by the Superintendent of Police, Kurnool cannot be subject-matter of judicial review and it is not for the Courts to run the administration and decide the transfers of the police officials and such discretion is entirely rests upon the administrative authority. Hence, we see no merits in the writ petition. Accordingly, the writ petition is dismissed. No costs. _________________ (A. GOPAL REDDY, J.) _______________ (K.C. BHANU, J.) APRIL 17, 2009 TSR