Obuleswari & Ors. vs The State Election Commission & Ors.

Heard Sri B. Abhay Siddanth Mootha, learned counsel for the petitioners, Sri N. Ashwani Kumar, learned Standing Counsel appearing for respondent Nos.1 & 3 and learned Assistant Government Pleader for Home appearing for respondent Nos.2 & 5.

The present writ petition is filed challenging the inaction of the respondents in considering the representation dated 09.11.2026 submitted by the petitioners against the alleged illegal actions of respondent No.6, who is working as Circle Inspector, Kadiri Rural, in connection with the election to be held on 11.11.2026 for the post of President, Talapula Mandal Praja Parishad.

The petitioners submit that they are elected MPTC Members of Talapula Mandal Praja Parishad, Sri Sathya Sai District, and have contested the elections on YSRCP party. It is submitted that respondent No.6, being the Circle Inspector of Kadiri Rural, has been harassing and threatening the petitioners and their family members and has been acting in favour of the ruling party. It is further submitted that the petitioners submitted a representation dated 09.11.2026 to respondents, requesting them not to assign election duties to the 6^th respondent and to appoint another officer, but no action was taken. Hence, the present writ petition is filed seeking appropriate directions to ensure free and fair elections for the post of President, Talapula MPP, scheduled to be held on 11.11.2026.

When the matter has been taken up for consideration, the learned Standing Counsel appearing for the respondents has placed before the Court a copy of the instructions received in the case. A perusal of the same reflects that the representation submitted by the petitioners through e-mail was forwarded to the Superintendent of Police, Sri Sathya Sai District, on the same day, for taking necessary action, as the complaint relates to the conduct of a police official. It is further stated that, upon receipt of the report, necessary action would be taken by the A.P. State Election Commission.

It is further stated that with regard to the petitioners' request that the local Member of Legislative Assembly should not be permitted to be present at the Special Meeting for the indirect election to the posts of President and Vice-President of the Mandal Praja Parishad and Co-option Member, it is submitted that, under the provisions of the A.P. Panchayat Raj Act, the local Member of Legislative Assembly is entitled to be invited and be present at the said meeting. However, the A.P. State Election Commission, vide Circular dated 10.11.2026, has issued comprehensive instructions to all the Collectors and District Election Authorities, Superintendents of Police and Commissioners of Police, to make stringent bandobust arrangements to ensure that supporters of candidates, crowds and anti-social elements do not gain entry into the venue of the Special Meeting and create any disturbance. It is further stated that Section 163 of BNSS shall be imposed on the day of election or even on the preceding day, if necessary, and the area in the vicinity of the venue of the Special Meeting shall be cordoned off by making necessary barricading arrangements. Further, if any member of the MPP or ZPP seeks security, the same shall be provided immediately after assessing the threat perception. It is also stated that, for ensuring transparency, the State Election Commission has issued instructions to the District Election Authorities to permit electronic and print media for live coverage of the Special Meetings by issuing necessary passes. The District Election Authorities have also been directed to arrange videography and CCTV cameras at the Special Meetings. The Collectors and District Election Authorities are also authorised to permit live coverage of the Special Meetings by electronic media.

It is further submitted by the learned Standing Counsel that the State Election Commission has already issued necessary instructions vide Circular dated 10.11.2026 for making security arrangements to ensure free and fair elections in respect of MPPs and ZPPs.

The learned Assistant Government Pleader for Home, appearing for the respondents, has also placed before the Court a copy of the instructions received in the case. A perusal of the same reflects that Sri P. Nagendra, Inspector of Police, Kadiri Rural Circle, has discharged his assigned election bandobust duties impartially and in accordance with the guidelines issued by the State Election Commission. It is further stated that the available records do not substantiate the allegations of partisan conduct against him during the discharge of his duties and, on the basis of the material presently available, there is no ground to recommend his exclusion from election bandobust duties.

Considered the submissions.

In the light of the above, this Court deems it appropriate to direct the respondents to consider the representation dated 09.11.2026 submitted by the petitioners and pass appropriate orders in accordance with law, as expeditiously as possible, before the conduct of the elections.

With the above observations, the writ petition is disposed of. There shall be no order as to costs.

As a sequel, miscellaneous applications pending, if any, shall also stand closed.