LAWS(APH)-2021-2-28

S. NANCHARAIAH Vs. A. P. STATE ELECTION COMMISSION

Decided On February 16, 2021
S. Nancharaiah Appellant
V/S
A. P. State Election Commission Respondents

JUDGEMENT

(1.) Heard Sri D.Srinivas, learned Senior Counsel appearing for the petitioners and Sri Ashwani Kumar, learned Standing Counsel appearing for the State of Election Commission and Sri Kiran, learned Government Pleader for Panchayat Raj.

(2.) The prayer of the petitioners is for a writ of Mandamus declaring the inaction on the part of respondent Nos.4 to 16 in implementing the directions issued by the 1st respondent vide Lr.No.526/SEC-B2/2021, dated 13.02.2021, to make arrangements for recording the entire process of counting either by CC Cameras or by Videography in order to ensure counting process in a free, fair and transparent manner for II, III & IV Phases of Gram Panchayat Elections as illegal arbitrary, and violation of Article 14, 21 and 243 of the Constitution of India and consequently direct the respondents to strictly implement the directions issued by the 1st respondent vide Lr.No.526/SEC-B2/2021 dated 13.02.2021.

(3.) The learned Senior Counsel appearing for the petitioners submits that directions were issued on 13.02.2021 stating that the State Election Commission received complaints regarding the counting process in Phase-I. Therefore, the State Election Commission directed the Collectors and District Election Officers to record the entire process of counting either by CC Cameras or by Videography in order to ensure that the counting is conducted in a free, fair and transparent manner. Stating that this circular has not been implemented, the writ has been filed. As far as the first petitioner is concerned, he hails from Tavisipudi Gram Panchayat. The 2nd petitioner belongs to Singarayapalem Thanda, Machavaram, Guntur District.