CHANDRA BABU NAIDU N Vs. CHIEF ELECTION COMMISSIONER

JUDGEMENT

(1.) Petitioner seeks a Writ, Order or direction directing the first respondent to order the third respondent not to discharge and function any official duties pertaining to the conduct of General Elections in Andhra Pradesh State scheduled to be held on 1-12-1994 and 5-12-1994. A further direction is also sought to the first and second respondents to appoint any other eligible officer as Director General of Police, Andhra Pradesh for conducting the General Elections.

(2.) The petitioner is an M.L.A. representing Telugu Desam Party and he is also Floor Leader of TeluguDesamParty in the Legislative Assembly. The main allegation of the petitioner is that the third respondent though a Senior I.P.S. Officer is acting in a partisan manner and is a fanatic supporter of the ruling Congress Party. The petitioner states that by virtue of his official position, the third respondent has secured Congress ticket for one of his brothers M.V. Chalapathi Rao to contest elections from Tunj Assembly Constitutency in East Godavari District. It is also alleged that though the third respondent being senior I.P.S. Officer has not only manoeuvred for the Congress ticket for his brother but has also personally went to Gandhi Bhavan which is Congress Party's Office and collected B-Form on behalf of his brother.

(3.) The petitioner further states that the partisan attitude of the third respondent is very well known particularly with reference to the incidents which have taken place after the assassination of late Sri Rajiv Gandhi on 21-5-1991 when some of the Congress M.L.As viz., Sudheer Kumar and Mukeeshhad deliberately organised destruction of properties of Sri. N.T. Rama Rao located at Abids area. Though the third respondent knew the culprits who are involved in this episode, shielded them and has not taken any action against them. Therefore, the petitioner claims that such is the vendetta of the third respondent against Telugu Desam Party. The petitioner also alleges that the fourth respondent in collusion with the third respondent has hatched a conspiracy to help Congress Party in the ensuing elections and are abusing power and using police forces for rigging the polls in Telangana area and also trying to use police force to help the Congress candidates throughout the State with the sole oblique motive of ensuring success of Congress Party Candidates.