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Judgment
Heard learned counsel for the petitioners and the learned Assistant Government Pleader for Home. Perused the material placed on record.
The present writ petition has been filed seeking police protection and appropriate directions to enable the petitioners, who are stated to be candidates in the ensuing MPTC elections, to submit their nomination papers within the prescribed time, i.e., before 5.00 p.m. on 23.10.2026.
The petitioners contend that they were prevented from filing their nomination papers on account of obstruction and intimidation at the nomination centre. They therefore seek police protection to enable them to reach the nomination centre and submit their nomination papers within the prescribed time.
Learned counsel for the petitioners submitted that only the concerned candidates and their two proposers would go to the nomination centre for filing the nomination papers.
Upon receiving written instructions from the concerned, learned Assistant Government Pleader for Home submitted that petitioner Nos.1 and 2 have already filed their nominations by the time of submitting arguments at 4.00 p.m. on 23.10.2026 and in compliance with the directions of the Andhra Pradesh State Election Commission and the order dated 21.10.2026 passed by the Hon'ble Supreme Court in SLP (C) No. 37476 of 2026, adequate police bandobast had been arranged at Mandal Parishad offices, police personnel had been deployed, barricades had been placed to regulate the movement of persons, CCTV cameras had been installed, and videography teams had been deployed to record the nomination process.
It was further submitted that the police were ready to provide an escort to the petitioners and that the CCTV footage relating to 21.10.2026 had been preserved.
The directions of the Hon'ble Supreme Court emphasise the need to ensure free and fair elections and to provide eligible candidates a reasonable opportunity to participate in the election process without unlawful obstruction. The police authorities are required to maintain law and order and ensure that the nomination process is conducted peacefully. At the same time, the candidates must comply with the applicable election rules and the directions of the Returning Officer.
Learned Standing Counsel for respondent No.3 submitted that Andhra Pradesh State Election Commission has already issued order No.905/SEC-B1/2026, dated 23.10.2026, requesting all the Collectors & District Election Authorities, the Superintendents of Police, and other police officials shall ascertain whether any complaints have been received from persons alleging that they could not file their nominations and were prevented from filing their nominations and in such a case, the concerned officials shall immediately contact the complaints over the phone and facilitate them in filing their nominations before the stipulated deadline of 5.00 p.m. on 23.10.2026 and also instructed all the Returning Officers to receive such nominations in accordance with prescribed procedure and further instructed the superintendent of police concerned arrange personal security, whenever required, to accompany such persons to the respective nomination receiving centers and facilitate the peaceful filing of their nominations within the stipulated time.
Having considered the facts and circumstances of the case and the submissions of the learned counsel for the petitioner and respondents, this Court is of the view that appropriate directions are necessary to ensure that the concerned candidates can approach the nomination centre without unlawful obstruction.
Learned counsel for the petitioners fairly submitted that each concerned candidate would go to the nomination centre accompanied by not more than two proposers and the petitioners shall adhere to that submission and to the applicable rules governing entry into the nomination centre.
In the result, the writ petition is disposed of with a direction to the Superintendents of Police, Chittoor District, Tirupati District and Annamayya District, as applicable, to make necessary arrangements to provide police protection to the concerned candidates, if required, and to ensure that they can approach the designated nomination centre peacefully and without unlawful obstruction before 5.00 p.m. on 23.10.2026 as per the circular order No.905/SEC-B1/2026, dated 23.10.2026, issued by the Andhra Pradesh State Election Commission. The police shall maintain adequate security in and around the nomination centre and act in accordance with the order dated 21.10.2026 passed by the Hon'ble Supreme Court in SLP (C) No. 37476 of 2026. The candidates shall be permitted to proceed with their two proposers, subject to the applicable election rules and directions of the Returning Officer. These directions are intended only to facilitate a fair and peaceful nomination process and shall not be construed as a direction to accept any nomination contrary to law. There shall be no order as to costs.
As a sequel thereto, pending miscellaneous petitions, if any, shall stand closed.
