KRISHNA VISHNU Vs. STATE ELECTION COMMISSINER SECUNDERABAD

JUDGEMENT

(1.) This writ petition is filed praying for a writ of mandamus declaring the action of the respondents viz., the State Election Commission, and the Election Officer-cum-Commissioner, Kapra Municipality in conducting election to Ward No. 24 of Kapra Municipality on 9-3-2000 as illegal, arbitrary and unconstitutional and against the election procedure laid down in A. P. Municipalities and Nagar Panchayats (Conduct of Election) Rules, 1965 (the Election Rules, for brevity) and for a consequential direction to the respondents 1 and 2 to allot the TDP symbol of 'cycle' to the petitioner.

(2.) The petitioner filed nomination for ward No. 24 (S.C. General) of Kapra Municipality. He claims that the Telugu Desam Party (TDP) nominated him and also given B Form after taking allegiance to the party. On 22-2-2000, after scrutiny of the nominations, the 2nd respondent, according to the petitioner, included the name of the petitioner as one of the contestants having party affiliation to TDP. On 25-2-2000, the 2nd respondent sent a communication convening a meeting on the next day. The meeting was intended for implementation of model code of conduct and for ascertaining election expenditure. According to the petitioner, the third respondent filed nomination as independent candidate and it was also shown in Form IIA. According to the petitioner, acceptance of nomination of the third respondent is illegal in that his name does not tally with the name included in the voters' list.

(3.) On 26-2-2000, the petitioner was allotted the election symbol 'ship' as independent candidate and the 3rd respondent was allotted 'cycle' symbol, the official symbol of TDP. It is the allegation of the petitioner that the third respondent did not file nomination as TDP candidate and, therefore, allotting 'cycle' symbol to the third respondent 'is abuse of power with mala fide intention'. The petitioner also states that allotment of 'cycle' symbol to the third respondent instead of the petitioner is a material irregularity, which affects the results of the election of the petitioner and is illegal and arbitrary. Assailing this action of the 2nd respondent in allotting 'cycle' symbol to the third respondent, the petitioner approached this Court.