THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
Writ Petition No.13653 of 2014
DATED:28.4.2014 Between:
Akkala Brahmananda Reddy, Chirala Mandal, Prakasam District.
… Petitioner And The Election Commission of India, New Delhi and others.
….Respondents THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
Writ Petition No.13653 of 2014
Order: (per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta)
This writ petition has been filed for the following reliefs:
“to issue an order or direction, more particularly one in the nature
of Writ of Mandamus declaring the action of the Respondents 1 to 5, in not taking any appropriate action on the complaint made by the petitioner against the Respondents 9 to 11, to keep them away and by deploying a Special Officer in the cadre of I.A.S., for conducting free and fair ensuing elections as illegal, arbitrary and unconstitutional and consequently direct the Respondents 1 to 5 to keep away the respondent Nos. 9 to 11 from the election process of Chirala Assembly Constituency No. 225, by deploying a Special Officer in the cadre of I.A.S., for smooth and peaceful conducting of elections, and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case and render justice.”
Learned counsel for the petitioner argues that in spite of having made a complaint to the Election Commission, a copy of which is annexed at page 12 and translation whereof is at page 13 of the material papers, no action has been taken. The text of the complaint made and as pointed out by the learned counsel for the petitioner is as follows:
“In the references cited above, the complaint made by the Villagers and Ex.MLA., in respect of the transfer of the Police Personnel belonging to the Chirala Assembly Constituency, the elections will not held properly.
I therefore request you, to kindly transfer the personnel immediately so as to save the public from the democracy.”
It is thus clear that there has been no specific allegation containing the details. Under the circumstances, the respondent-authorities cannot take any action pursuant thereto. We, therefore, dismiss the writ petition. However, liberty is given to the petitioner to make a complaint to the State Election Commission stating the specific grievance with the particulars.
Consequently, the miscellaneous petitions, if any pending, shall also stand dismissed. No costs.
K.J. SENGUPTA, CJ SANJAY KUMAR, J 28th April, 2014 PNB