Free elections basic feature of Constitution: Allahabad High Court orders police to escort candidate to file nomination papers

The Allahabad High Court has directed the Uttar Pradesh Police to escort a candidate for filing his nomination papers and back home safely ( Akhilesh Singh v. State of UP ).

. A Division Bench comprising Justices Devendra Kumar Upadhyaya and Ajai Kumar Srivastava-I said that free and fair elections is one of the basic features of the Constitution and any attempt to damage the same is not conducive to democracy.

" Free and fair elections to democratic institutions of the country is one of the basic features of our Constitution . Any attempt from any corner including State authorities or district administration to damage the system of free and fair poll is not conducive to democratic functioning of the State, " the court observed.

. The plea was moved by one, Akhilesh Singh (member of Block Development Committee) who alleged that he intended to contest the election of Block Pramukh, but the police authorities were restraining him from filing his nomination paper under the influence of a minister whose son was also a candidate in the said election.

" We direct that while the petitioner undertakes any journey to reach the Development Block Headquarters for filing his nomination papers, he shall be accompanied by adequate police force, who shall ensure his security. The security of the petitioner during this period shall be 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, " the Court ordered.

. Further, the Court also directed that that during the course of the election till 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 order said.

. The counsel for petitioner also informed the Court that the petitioner was illegally detained along with his family members, so that the petitioner cannot participate in the said elections.

. In this regard, HP Srivastava , Additional Chief Standing Counsel received instructions from the Deputy Inspector General of Police, Pratapgarh LR Kumar and submitted that the petitioner was never detained by the police authorities; rather his son was challaned on July 7, under Section 151 of Code of Criminal Procedure and after furnishing the bond, he was released.

It was also submitted that there was no interference by the local police administration or by any other district authorities so far as the petitioner's free movement is concerned.

. The Court issued notice to all the respondents and granted a week's time to the petitioner to file rejoinder affidavit.

. Further, the Court directed the officers of Election Commission including the Returning Officer to extend all cooperation to the petitioner so that he is able to " avail his democratic right for filing nomination papers ."

. The matter will be heard again on August 25.

. [Read order]

Free elections basic feature of Constitution: Allahabad High Court orders police to escort candidate to file nomination papers

Areeb Uddin Ahmed

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