Lawstreet Journal

Andhra Pradesh HC Dismisses Writ Petitions Alleging Election Frauds Citing Constitutional Bar Under Article 329 [READ ORDER]

Lawstreet Journal 4 May 2021 7:45pm

Image courtesy: Lawstreet Journal Judiciary Andhra Pradesh HC Dismisses Writ Petitions Alleging Election Frauds Citing Constitutional Bar Under Article 329 [READ ORDER]

The Andhra Pradesh High Court on Friday (30/04/2021) dismissed two writ petitions which alleged fraud in elections in the state citing the constitutional bar in considering elections-related matters under writ petitions as laid down in Article 329 of the Constitution of India.

The petitions were heard by a bench comprising Justices Joymalya Bagchi and M.Ganga Rao, through video conferencing.

The two writ petitions involved similar facts and circumstances. The first petition filed by K. Ratna Prabha who was a candidate in the Tirupati by-elections alleged that a large number of people had been transported into the parliamentary constituency and were stationed in lodges and Kalyana Mandapams. These individuals are alleged to have been brought to the constituency to engage in fake voting. It is submitted in the plea that these fake voters ran away when they were confronted by the Election Commission Official and the Polling Agents of the petitioners. The petitioner argues that the fact that the culprits were allowed to escape shows the complacency of the State Official.

The petitioner had earlier approached the Election Commission seeking a re-poll in the constituency but was turned down.

The second petition was filed by Panabaka Lakshmi, another contestant in the by-election, who also alleged the use of fake voters in the election.

The counsels for the petitioners pointed to the importance of free and fair elections for democracy and that the Election Commission was wrong in turning down the petitioners. The counsels further submitted that the bar under Article 329(b) for petitions related to the… Continue Reading...

Tagged: Andhra Pradesh High Court  
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