Attempt By State Authorities To Damage System Of Free & Fair Poll Not Conducive To Democratic Functioning: Allahabad High Court

Granting police protection to a member of Block Development Committee, who intended to contest the election of Block Pramukh and who was allegedly being prevented by the local district and police administration from filing his nomination papers, the Allahabad High Court today remarked:

"Any attempt from any corner including State authorities or district administration to damage the system of the free and fair poll is not conducive to the democratic functioning of the State."

The Bench of Justice Devendra Kumar Upadhyaya and Justice Ajai Kumar Srivastava-I also stressed that free and fair elections to democratic institutions of the country is one of the basic features of our Constitution.

The Matter in brief

One Akhilesh Singh is a member of the Block Development Committee and he intended to contest the election of Block Pramukh, however, he, along with his family members was allegedly detained by the local District and Police Administration of District Pratapgarh with a view to preventing him from participating in the said election.

Since the nominations for election to the post in question were allowed to be filed today only till 3.00 p.m., the Court called upon the Additional Chief Standing Counsel to seek complete instructions in the matter by 1.15 pm.

At 1:15, it was submitted that the petitioner was never detained by the police authorities; rather his son was challaned yesterday on July 07, under Section 151 of Cr.P.C. and on furnishing bond he has been released yesterday itself.

So far as the allegations and counter-allegations about detention/free movement of the petitioner was concerned, the Court proposed to adjudicate the same once the affidavits in the matter are exchanged.

Further, since the last date of filing nomination papers for the election to the office of Block Pramaukh was today and the nomination could have been filed till 3.00 pm, the Court found it appropriate to issue certain directions to facilitate the petitioner to submit his nomination papers within the time prescribed for the said purpose.

Since the petitioner had expressed serious apprehensions about his safety and security and free movement, thus, the Court issued the following directions:

• The petitioner shall be facilitated in all manner to file his nomination today itself before the prescribed time.
• While the petitioner undertakes any journey to reach the Development Block Headquarters for filing his nomination papers, he shall be accompanied by the adequate police force, who shall ensure his security.
• The security of the petitioner during this period shall be the personal responsibility of the Deputy Inspector General of Police, Pratapgarh.
• He shall accordingly be escorted not only to the Development Block Headquarters but shall also be escorted back to his residence or any other safe place.
• During the course of the election i.e. till the declaration of results the Deputy Inspector General of Police, Pratapgarh shall ensure the security to the petitioner's life and liberty. He shall also ensure that the petitioner is able to move freely without any hurdle or threat from any corner whatsoever.
• The officers of Election Commission including the Returning Officer shall extend all cooperation to the petitioner so that he is able to avail his democratic right for filing nomination papers.

Lastly, having regard to the seriousness of the allegations contained in the writ petition, the Court directed the UP government to file counter affidavit separately within a period of four weeks and the matter was listed for further hearing on 25.08.2021.

Case title - Akhilesh Singh v. State Of U.P. Thru Prin.Secy. Home Lucknow And Ors.

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