STATE ELECTION COMMISSION Vs. K SUBBARAMI RAJU

JUDGEMENT

(1.) This appeal is directed against order dated 27.6.2006 passed by the learned Single Judge in W.P.M.P. No. 16042 of 2006 in W.P. No. 12924 of 2006 whereby he suspended the operation of letter No.329/SEC-B 1/2006 dated 11-6-2006 issued by the State Election Commission (for short 'the Commission') whereby the candidates contesting election to various Panchayat Raj Bodies have been directed to furnish list of persons to be appointed as polling agents at least one day before the date of poll.

(2.) In the writ petition filed by him, respondent No. 1 questioned the legality of the direction issued by the Commission by contending that the same is ultra vires to the provisions of Andhra Pradesh Panchayat Raj Act, 1994 (for short 'the Act') and the Andhra Pradesh Panchayat Raj (Conduct of Elections) Rules, 2006 (for short 'the Rules'). He relied on order dated 23-6-2006 passed by the High Court in WPMP No. 15806 of 2006 in Writ Petition No. 12718 of 2006, whereby operation of similar instructions issued by the Commission vide Circular No.329/SEC/Pl/ 2006 dated 244-2006 was suspended and pleaded that in the absence of any specific rule to that effect, the Commission cannot direct the candidates to submit names of the polling agents at least one day before the date of polling.

(3.) On a consideration of the averments contained in the writ petition and hearing the advocates for the parties, the learned Single Judge vide his order dated 27.6.2006 suspended operation of letter dated 11.6.2006 issued by the Commission.