Sri P. Shekharappa and Others vs The Election Commission of India, The State Election Commission, Office of The State Election Commission, The Deputy Commissioner and The superintendent of Police

P.D. Dinakaran, C.J.—Alleging that there is gross violation to the Model Code of Conduct and as such there is no possibility of free and fair election in Bellary Lok Sabha Constituency and citing role of Election Commissioner under such situation, the petitioners have filed the above public interest litigation seeking he following reliefs:

Issue a writ in the nature of mandamus or any other writ of direction, directing the respondents herein to forthwith appoint a special Observer/s for conduct of elections to the 15th Lok Sabha for Bellary Parliamentary Constituency to be held on 23rd April 2009.

Issue a writ in the nature of mandamus directing the respondents herein to consider Bellary Lok Sabha Constituency as a sensitive Constituency and provide necessary law and order enforcement machinery for conduct of free and fair poll.

Issue a writ in the nature of mandamus directing the respondents to report to the Hon''ble Court the action taken by the District Administration in respect of the cases registered.

Issue a writ in the nature of mandamus directing the respondents herein to ensure that all the political parties strictly adhere to the Model Code of Conduct issued by the first respondent.

While answering as to the role of Election Commissioner, it is brought to our notice referring to the Model Code of Conduct that the Election Commissioner ensures its observance by political party(ies) in power, including ruling parties at the Centre and in the States and contesting candidates in the discharge of its constitutional duties for conducting the free, lair and peaceful elections to the Parliament and the State Legislatures under Article 324 of the Constitution of India. It is also ensured that official machinery for the electoral purposes is not misused. Further, it is also ensured that electoral offences, malpractices and corrupt practices such as impersonation, bribing and inducement of votes, threat and intimidation to the voters are prevented by all means. In case of violation, appropriate measures are taken.

It is a settled law that the presumption in law is that the Election Commissioner will be taking all effective and preventive steps to hold a free and fair election. If that is so, suffice it to repose our confidence that the Election Commissioner will be taking all such effective, preventive and positive steps to ensure free and fair election to be held on 23rd April, 2009 in Bellary Lok Sabha Parliamentary Constituency. Writ petition is disposed of accordingly.