Andhra Pradesh High Court - Amravati
Sudhakar Gottumukkala vs The Election Commission Of India on 16 May, 2024
IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI
HONOURABLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION No.11953 of 2024
Sudhakar Gottumukkala, S/o Ghantaiah, aged
about 55 years, R/o 4-53-20, Library Road,
near Ramalayam, Ithanagar, Tenali, Guntur,
Andhra Pradesh.
... Petitioner.
Versus
The Election Commission of India, represented
by its Chief Election Commissioner, Nirvachan
Sadan, Ashoka Road, New Delhi - 110 001
and seven others.
... Respondents.
Counsel for the petitioner : Sri N.Ashwani Kumar
Counsel for respondents 1 & 2 : Sri Siva Darshan
Counsel for respondents 3 to 8 : GP for Home and General
Administration
ORDER
The Writ Petition is filed seeking the following relief:
"... to issue an appropriate writ or order or direction more particularly in the nature of Writ of Mandamus declaring the action of the Respondents herein, more particularly, the Respondent Nos.1 and 2 in failing to Provide Protection to the Petitioner who is the victim in the case of the Mob Attack which occurred on 13.05.2024 (Polling Day) in the 91-Tenali Assembly Constituency as being illegal, arbitrary. Abdication of Jurisdiction, violative of Articles 14, 21 of the Constitution of India, and consequently direct the Respondents herein to Page 2 of 4 SRSJ WP No.11953 of 2024 Provide Protection to the Petitioner and his relatives residing in Tenali Town ..."
2. Heard Sri N.Ashwani Kumar, learned counsel for petitioner, Sri Siva Darshan, learned standing counsel for respondents 1 & 2 and the learned Assistant Government Pleader for Home and General Administration for respondents 3 to 8.
3. Learned counsel for the petitioner would submit that on 13.05.2024, the petitioner was assaulted at Polling Booth No.115 in Ithanagar of Tenali Assembly Constituency by the local Member of Legislative Assembly (MLA) and his henchmen. He would also submit that immediately a case was registered and the petitioner was admitted in Government General Hospital, Guntur. He would submit that petitioner and his family members are facing life threat and hence, urged to direct the respondent authorities to provide protection.
4. Learned standing counsel for respondents 1 and 2 would submit that during the General Elections, in case of any threat perception, one has to make representation to the Superintendent of Police of the concerned District, who in turn refer the same to Page 3 of 4 SRSJ WP No.11953 of 2024 the review committee and the said committee will take appropriate action.
5. Learned Assistant Government Pleader for Home, would submit that in view of incident happened on 13.05.2024 and involvement of local MLA, a case in Crime No.81 of 2024 of Tenali II Town Police Station was registered. He would also submit that a Mobile Patrolling Party is monitoring and the house of petitioner to see that no untoward incident takes place.
6. In reply, learned counsel for petitioner, would submit that unless protection is provide, the life of petitioner and his family members is at jeopardy.
7. When this Court pointed out as to any representation was made to the concerned authorities, learned counsel for petitioner would submit that the petitioner will make representation to all the respondents.
8. Unless, petitioner makes representation indicating the threat perception and attending circumstances, it is very difficult for the respondent authorities to give protection as required. Page 4 of 4
SRSJ WP No.11953 of 2024
9. In that view of the matter, the Writ Petition is disposed of, at the stage of admission with the consent of all the counsel, giving liberty to the petitioner to make representation to all the respondent authorities seeking appropriate relief. If such a representation is made by the petitioner, the respondent authorities shall consider the same and pass appropriate orders forthwith, so as to protect the life of individual citizen. No costs.
As a sequel, pending miscellaneous petitions, if any, shall stand closed.
__________________________ JUSTICE SUBBA REDDY SATTI th 16 May, 2024 PVD