BHARATIYA JANATHA YUVA MORCHA STATE GENERAL SECRETARY Vs. CHIEF SECRETARY A P STATE GOVT SECRETARIAT HYD

JUDGEMENT

(1.) Heard the learned Counsel for the petitioner, learned Advocate General on behalf of the State Government of Andhra Pradesh and Sri C.P.Sarathy, learned senior Counsel on behalf of the Election Commission.

(2.) Conspectus of facts: The General Secretary of the State Unit of Bharatiya Janatha Yuva Morcha is the petitioner in the instant writ petition His concern and interest in the purely of electoral process made him to invoke the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India. The petitioner prays for issuance of an appropriate writ particularly one in the nature of Mandamus declaring all the policy decisions including ''Janma Bhoomi" programme and other schemes taken by the A.P.State Government after proclamation of Lok Sabha elections as illegal arbitrary and against the natural justice apart from being violative of Model Code of Conduct issued by the Election Commission from time to time.

(3.) In the affidavit filed in support of the writ petition, it is inter alia stated that on 4-12-1997 the President of India dissolved the Eleventh Lok Sabha and ordered that a new House be constituted by 15/03/1998, Immediately the Election Commission declared that tentatively it would hold Polls between the third week of February and the First week of March, 1998. The Election Commission is stated to have directed all the Stale Governments not to transfer senior civil and police officials and allow them to carry out poll related jobs in an impartial and firm manner. The Election Commission is stated to have directed the State Government not to start/inaugurate any Governmental new projects, not to make any promises to the people in general or sections thereof.