JANASENA PARTY Vs. STATE ELECTION COMMISSIONER

JUDGEMENT

(1.) Both these writ petitions are filed under Article 226 of the Constitution of India, for identical relief, so also, on identical major grounds. Hence, it is appropriate to decide both the writ petitions by common order.

(2.) "Janasena Party", a registered political party, represented by it's Secretary Chillapalli Srinivasa Rao, Guntur, filed W.P.No.7847 of 2021 claiming a declaration that the Notification No 1503/SEC-B1/2021 dated 01.04.2021 of 1st respondent resuming the election process of Mandal Praja Parishads Territorial Constituencies (MPTCs) and Zilla Praja Parishads Territorial Constituencies (ZPTCs) in State of Andhra Pradesh, from the stage where it was sped without issuing fresh notification, keeping in view the earlier report in letter No.221/SEC-PESHI/2020 dated 18.03.2020 addressed to the Home Secretary, Government of India reporting instances of violence viz., prevention from filing nominations, forceful withdrawal as bad, illegal, arbitrary and contrary to Articles 14 and 243-K of Constitution of India and consequentially, set aside the same by directing the first respondent to issue fresh notification for filing of fresh nominations to conduct elections to MPTCs and ZPTCs in State of Andhra Pradesh by free and fair election process.

(3.) One Varla Ramaiah, Politburo Member and General Secretary to Telugu Desam Party (T.D.P) filed W.P.No.7778 of 2021 to declare the action of the first respondent in not imposing the MCC for a period of four weeks before the notified date of polling as mandated by the Supreme Court of India in W.P.(Civil) No.437 of 2020 dated 18.03.2020 and preceding to issue the election Notification No.1503/SEC-B1/2021 dated 01.04.2021 purporting to conduct the elections for MPTCs and ZPTCs on 08.04.2021 in violation of the orders of the Supreme Court of India without re-imposition of the model code of conduct for four weeks prior to the date of poll is patently arbitrary and illegal, set-aside the said notification and direct the first respondent to issue a fresh notification scheduling the date of poll of MPTCs and ZPTCs elections in the State by re-imposing the Model Code of Conduct for four weeks from the date of notification till completion of election process.