High CourtsSingle Bench(2026) 10 AP CK 3077

Yuvajana Sramika Rythu Congress Party & Ors. vs The State Of Andhra Pradesh & Ors.

Andhra Pradesh High Court, Amaravati · Decided on 23 October 2026

HON’BLE JUDGES
Sunitha Gandham, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition No: 30949/2026

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Judgment

8 paragraphs · 523 words

This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:-

“….to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the Returning Officers in insisting that the candidates being supported by the petitioner No.1 Political Party in the ongoing Local Body Elections to submit Police Verification Certificates along with their nomination papers, despite there being no statutory provision, rule or prescribed procedure requiring the submission of such certificates along with the nomination papers and the inaction on the part of the respondent No.2 in issuing suitable directions the District Election Officer-cum-District Collectors and Returning Officers in the State not to insist to submit Police Verification Certificates along with nomination papers and not to reject the nominations on the ground that the Police Verification Certificates are not enclosed along with the nomination papers, as arbitrary, illegal, contrary to the well established legal principles, apart from being violative of the fundamental and the Constitutional rights guaranteed to us under Articles, 14, 19, 21 of the Constitution of India and consequently direct a) to direct the respondent No.2 to issue suitable directions to the District Election Officer-cum-District Collectors and Returning Officers in the State not to insist to submit Police Verification Certificates along with nomination papers and not to reject the nominations on the ground that the Police Verification Certificates are not enclosed alongwith the nomination papers b) the Returning Officers in the State not to insist upon the contesting candidates in the ongoing Local Body Elections in the State for submission of Police Verification Certificates along with their nomination papers and pass such other order or orders….”

2.

Heard Sri V.R.Reddy Kovvuri, learned counsel for the petitioners and Sri Kolla Trinath, learned counsel representing Sri N.Ashwani Kumar, learned Standing Counsel for Andhra Pradesh State Election Commission appearing for respondent No.2, and perused the material available on record.

3.

Sri Kolla Trinath, learned counsel representing Sri N. Ashwani Kumar, learned Standing Counsel for the Andhra Pradesh State Election Commission, appearing for respondent No.2, submits that respondent No.2-State Election Commission has already issued Circular No.1098/SEC-F1/2026, dated 21.10.2026. He refers to paragraph No.2 of the said circular, which reads as follows:

“In view of the above allegations and to avoid confusion in the matter, the State Election Commission hereby clarifies that the Returning Officers/Election Officers shall not reject any nomination on the ground of non-submission/non-provision of either „No Objection Certificates‟ from the Police Department or „No Dues Certificates‟ from any department, as there is no such provision either in the Local Body Acts or in the instructions issued by the State Election Commission.”

4.

At this stage, learned counsel for the petitioners requests that the writ petition may be disposed of by recording the aforesaid clarification issued by respondent No.2.

5.

Recording the aforesaid submission and taking note of the contents of Circular No.1098/SEC-F1/2026, dated 21.10.2026, issued by respondent No.2-State Election Commission, the writ petition is disposed of accordingly. There shall be no order as to costs.

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