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Saturday, February 17, 2001

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Writ pleas against EC action dismissed

By Our Legal Correspondent

HYDERABAD, FEB. 16. A Division Bench of the A.P. High Court, comprising Mr. Justice B. Subhashan Reddy and Mr. Justice G. Bikshapaty, on Friday dismissed the writ petitions filed challenging the action of the Election Commission of India in imposing restrictions on the leaders who have armed police escorts from acting as polling agents and insistence of identification of voters during polling for the byelections to two Assembly constituencies in the State. The Bench issued the necessary clarifications in this regard.

Dr. Sivaramakrishna, Congress candidate for the Badvel constituency, filed a writ petition challenging the instructions issued by the Election Commission on February 15 making it clear that the MLA and MPs who had been provided with armed police escort will not be permitted to discharge functions of polling and counting agents. He said the ruling party was terrorising the electorate and the voters were scared to come to polling stations and no local man was coming forward to act as polling agent. Mr. Justice Reddy, speaking for the Bench, said that the candidate cannot have unfettered right to choose such an agent to scare voters.

The Bench upheld the decision of the commission but made it clear that such leaders who did not have gunmen as security can function as polling and counting agents.

The Bench dismissed another writ petition filed by some voters of Badvel and Giddalur challenging the guidelines issued by the Election Commission declaring that only such voters who can establish their identity through identity cards issued by the commission will be allowed to cast votes. The Bench directed the District Collectors of Cuddapah and Prakasam to instruct the Village Administrative Officers of villages to be present at the polling stations to decide about the identity.

The Bench directed officers to publish the guidelines issued by the commission in leading Telugu dailies on 17.2.2001. The Bench directed the Government to exhibit the guidelines in all offices of MRO and Gram panchayats and municipal wards.

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