CHIEF ELECTION COMMISSIONER ELECTION COMMISSION OF INDIA NEW DELHI Vs. ALLADI P RAJ KUMAR RAJYA SABHA MEMBER HIMAYATNAGAR HYDERABAD

JUDGEMENT

(1.) This Writ Appeal is directed against the order passed by our learned Brother B. Subhashan Reddy J., in Writ Petition No. 21121 of 1994, dated 02-12-1994. That Writ Petition under Article 226 of the Constitution of India was filed by Dr. Alladi Raj Kumar, a Member of Parliament by way of public interest litigation. The relief sought for in the Writ Petition is as follows:

(2.) The Writ petition was filed on 30-11-1994. It may be noticed that the elections to the Assembly constituencies in the four districts referred to above are scheduled to be held tomorrow i.e. on 05-12-1994. The basis on which the Writ Petition was filed is that there has been widespread and large scale violence in the naxalite infested districts of Adilabad, Karimnagar, Nizamabad and Warangal and a call was given by the naxalites to boycott the polls. The recent incidents of some police personnel having been killed in Warangal district in a land mine blast, the death of nine 'naxalites' in the alleged encounters in Karimnagar district, the burning of a railway coach and a bank have been cited in the affidavit filed in support of the writ petition. It is also stated that due to fear of naxalites, some of the Sarpanchas belonging to the Congress (I) party have resigned from their offices. Reference has been made to certain newspaper reports regarding threats and violence in some of the areas. It is further averred that the life of the Municipal Administration Minister, Sri M. Narasimha Reddy was in grave danger and he was not in a position to cover even 30% of his constituency for campaigning despite heavy security. It is stated that the same is the case with Sri M.Omkar-a Member of the Legislative Assembly. In short, it is stated that the orgy of violence is of such magnitude that free and fair election is not possible at this juncture in these districts without risking the lives of several innocent people. With regard to the role of the first respondent viz., the Chief Election Commissioner, it is stated in paragraph (8) as follows:

(3.) By the time the Writ Petition was taken up for hearing on 02.12.1994, a counter-affidavit sworn to by the Inspector General of Police (Law & Order) has been filed on behalf of respondent Nos. 3 and 5 viz., the State Government and the Director General of Police. Inter alia, it is stated in the counter that the acts of violence by left wing extremist group have been going on in the State of Andhra Pradesh for the past 25 years and it is not a new phenomenon and even in the past, there had been several instances of land-mine blasts. It is further stated that the Peoples' War Group - a left wing extremist group, gave the call for poll boycott in the earlier elections also. It is then stated that the poll-related violence attributable to the activities of Peoples War Group are comparatively less in the present elections. It is asserted that the two recent incidents of land mine blabts did not in any way disrupt the life of common man. Then, a reference has been made to the precautionary and preparatory measures that are being taken to maintain law and order especially from the point of view of preventing the attacks and intimidatory tactics on the part of the extremist groups. It is also submitted that armed security officers have been provided to the candidates round the clock. It is stated that the Chief Election Commissioner has appointed 20 observers who are highly placed Government Officials to cover these four districts and all these observers have been provided with transport and adequate security. It is finally submitted that the law and order situation in these four districts is not as alarming as is depicted by the writ petitioner, but is conducive for conduct of peaceful elections in general. It is also stated that the elections are being conducted under the supervision and directions of the first respondent whose instructions are being given effect to scrupulously and the first respondent is being informed of the periodical developments in the State.