High CourtsDivision Bench(1999) 09 AP CK 0096

K. Pratapa Reddy and others vs Chief Election Commissioner, New Delhi and others

Andhra Pradesh High Court · Decided on 17 September 1999 · Citation: (2000) 3 ALD 111 : (1999) 5 ALT 624

HON’BLE JUDGES
V. Eswaraiah, J · B. Subhashan Reddy, J
CASE NUMBER
Writ Petition No. 19398 of 1999

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Judgment

3 paragraphs · 200 words

B. Subhashan Reddy, J.—This writ petition has been filed seeking directions to hold fresh polling in Polling Station Nos.164 to 170 of Velpenoor Village in 187-Atmakur Assembly Constituency and for prosecuting the persons, who are responsible for commission of offence u/s 135-A of the Representation of the People Act, 1951 (for short ''the Act'') read with Section 171-D of Indian Penal Code.

2.

As the said subject does not fall within the realm of this Court for adjudication under Article 226 of the Constitution of India and as the 1st respondent is at the helm of affairs and respondents 2 to 4 arc his subordinates insofar as election process is concerned and as it is stated in the writ affidavit that even though Fax message has been sent to the 1st respondent on 5-9-1999, no action has been taken so far, we direct the 1st respondent to consider the Fax message said to have been sent by the petitioner, inconsonance with Section 58-A of the Act. The petitioner is also permitted to send such further material as may be relevant for such decision.

3.

With the above directions, the writ petition is disposed of at the admission stage. No costs.