V SIVARAMAKRISHNA RAO Vs. ELECTION COMMISSION OF INDIA

JUDGEMENT

(1.) This writ petition has been filed seeking a declaration that the action of respondents in not permitting the MLAs/MPs and other leaders belonging to the Congress party to act as Polling Agents in some of the Polling Stations of 155-Badvel Assembly constituency of Cuddapah district, in the bye-election scheduled on 19-2-2001 on the ground that they are outsiders of the said constituency, as illegal and arbitrary and contrary to the provisions of the Representation of the People Act, 1951 (for short 'the Act') and the Rules made thereunder. The impugned action is communicated vide proceedings No.576/12/2001/JS-II, dated 15-2-2001 which reads :" I am directed to invite your attention to the Commission's Circular No. 464/INST/97 (MIN)/PLN, dated 3/03/1997 wherein it was clarified that a Minister shall not be allowed to function as an election agent, polling agent or a counting agent of any candidate at any election.

(2.) It has been observed by the Commission that sometimes in the elections a candidate appoints a Member of Parliament or a Member of Legislative Assembly as his Polling Agent or Counting Agent. There have been objections raised from several quarters where this has occurred, on the ground that the polling and counting personnel feel overawed by the presence of Members of Parliament or the Members of Legislative Assemblies appointed as Polling Agents or Counting Agents. Further, most of those Members of Parliament and Members of Legislative Assemblies have been provided with armed security. The Commission feels that these MPs and MLAs with their security personnel cannot be allowed to enter and remain inside the polling stations and counting centres. Nor can they, whose security requirements have been assessed by the State authorities be asked to remain inside the polling station or the counting centres without their security cover that they are required to have by virtue of the assessment of the State Government concerned. They cannot also be allowed to jeopardise their security by surrendering the same, even if they do so on their own as the security cover is not a matter of one's own choice to be exercised by recipient of such security.

(3.) The Commission has, therefore, decided that a Member of Parliament or a Member of Legislative Assembly, having security cover, shall not be allowed to function as a Polling Agent or a Counting Agent of any candidate. These instructions may be brought to the notice of all concerned for strict compliance."