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Judgment
This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief:
“… to issue an appropriate writ, order or direction, more particularly one in the nature of writ of mandamus declaring the inaction of the respondents in providing the armed gunmen to the petitioner in view of his contesting as MLA from Secunderabad-70 Constituency representing Bahujana Samaj Party, along with police vehicle for movement within Secunderabady Constituency from his Camp office/house to constituency inspite of the written representation, dated 18.11.2023 as being illegal, arbitrary, unjust and unconstitutional…”
Heard Sri G.V.N.R.S.S.S.Varaparasd, learned counsel for the petitioner, learned Assistant Government Pleader for Home appearing for all the respondents and perused the record.
It is the case of the petitioner that he is a contesting for Member of Legislative Assembly elections from Secunderabad-70 Assembly Constituency representing the Bahujan Samaj Party. It is further case of the petitioner that Bahujan Samaj Party is a recognized political party and nominating the candidates throughout India in the General Elections. The grievance of the petitioner is that he has received several threatening calls and in view of serious threats and apprehending physical attacks, he submitted a written representation, dated 18.11.2023 to the respondents-police requesting them to provide gunmen, along with police vehicle during the ensuing elections. The grievance of the petitioner is that though the petitioner had submitted a representation, dated 18.11.2023, the respondents-police are not providing adequate police security to the petitioner, till date.
There is no dispute that the petitioner is contesting in the ensuing elections as a candidate from Bahujan Samaj Party. There is also no dispute that Bahujan Samaj Party is a recognized political party and nominating the candidates throughout India. It is the case of the petitioner that Bahujan Samaj Party has allotted a registered symbol and basing on the said symbol only the candidates are contesting all over India. Since the petitioner is contesting as a candidate from a recognized political party, which is a National Party, the duty is cast upon the Election Commission as well as respondents-police to provide adequate security to the petitioner in the ensuing elections.
In view of the above circumstances, this Court, deems it appropriate to dispose of the writ petition directing the respondent-police to provide personal security officer to the petitioner and security in the ensuing elections.
Accordingly, this Writ Petition is disposed of directing respondent No.2 to consider the representation dated 18.11.2023, submitted by the petitioner and provide Personal Security Officer to the petitioner and security till the ensuing elections are completed. There shall be no order as to costs.
Miscellaneous petitions, if any, pending shall stand closed.