Siddeli Anjaiah Goud vs State Of A.P.

This petition has been filed under Article 226 of the Constitution of India to direct respondent Nos.2 to 5 and 8 to act in accordance with law and to grant permission in favour of the petitioner for conducting the Dussehra celebration in the Uppal Municipal Grounds, Uppal as is granted in the past, for the day 23.10.2023.

Heard Mr.Vedula Srinivas, learned senior counsel for Mr.K.Pradeep Reddy, learned counsel for the petitioner and learned Government Pleader for Home appearing on behalf of respondent Nos.1 to 5; Mr.M.Durga Prasad, learned standing counsel for respondent No.6 and 7 and Mr.Omer Farooq, learned standing counsel for respondent No.8.

Petitioner is a society registered under Telangana Societies Registration Act, 2001 and was performing events relating to religious functions since last 20 years. The petitioner society was organizing the Dussehra Festival celebrations in Uppal Municipal Stadium for the last 20 years.

It is a well known fact that Dussehra is a big festival for Hindu religion and there is a customary tradition to be followed while celebrating the festival and the effigy of Ravana will be put up and the fireworks are burst to celebrate the traditional Dussehra event.

It is the contention of Mr.Vedula Srinivas, learned senior counsel that petitioner / society is conducting this celebrations from the last 20 years in the Uppal Municipal Stadium and respondent Nos.2 to 6 are granting permission for celebrating Dussehra festival in a peaceful manner. In support of his contention, learned senior counsel has also filed copies of permission granted to the petitioner society in the past.

Mr.Omer Farooq, learned standing counsel for respondent No.8 would submit that in view of the notification of election schedule being released in the State of Telangana, the petitioner society is not supposed to conduct any political publicity during the conduct of festival celebrations in the Uppal Municipal Stadium and therefore, the Returning Officer, Uppal Assembly Constituency, relying upon the report of the Police, have rejected the permission. Learned standing counsel would further submit that they are having no objection to grant permission for celebration of Dussehra festival, subject to the petitioner / society furnishing an undertaking that celebration shall not be used for any political publicity purpose except to celebrate the religious ceremony.

In view of the above submissions, this Court deems it appropriate to dispose of the writ petition with a direction to the respondent authorities to grant permission to the petitioner / society for celebration of Dussehra festival in Uppal Municipal Stadium on 23.10.2023 or 24.10.2023 subject to the petitioner furnishing an undertaking to the respondent / authorities that the celebration shall not be used for any public or political meeting except for celebration. The respondent authorities shall not take into consideration the earlier rejection order passed for grant of permission. The petitioner / society is further directed to follow the code of conduct prescribed by the Election Commission of India while organizing Dussehra event.

With the above directions, writ petition is disposed of.

Miscellaneous applications pending, if any, shall stand closed. However, there shall be no order as to costs.