Allahabad High Court directs police to escort candidate to file nomination papers to ensure free & fair election

Read Order: Akhilesh Singh v. State Of U.P. Thru Prin.Secy. Home Lucknow And Ors 

LE Staff

Lucknow, July 9, 2021: The Lucknow bench of the Allahabad High Court has directed the Uttar Pradesh Police to escort a man to the Development Block Headquarters for filing his nomination for the local polls, and then back to his residence or any other safe place as he apprehends a threat to his safety. 

Reiterating that free and fair elections to democratic institutions of the country is one of the basic features of the Constitution, a Division Bench of Justice Devendra Kumar Upadhyaya and Justice Ajai Kumar Srivastava said any attempt by anyone including the state authorities or district administration to damage the system of free and fair polls is not conducive to democratic functioning of the state.

The high court was hearing a plea alleging that the local district and police administration has been taking all possible measures to prevent the petitioner from filing his nomination papers for election for the Block Pramukh of the Development Block concerned, for which July 8, 2021 was the last date for filing nomination papers. 

The petitioner expressed serious apprehensions about his safety and security and free movement. 

Additional Chief Standing Counsel H.P. Srivastava, however, contended 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 Bench, however, said, “During the course of election i.e. 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 security of the petitioner during this period shall be the personal responsibility of the Deputy Inspector General of Police, Pratapgarh, the Bench said.

The High Court also directed the officers of the 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.

Accordingly, the High Court directed that while the petitioner undertakes the 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.