The Supreme Court on Wednesday directed the Andhra Pradesh State Election Commission (SEC) to decide within 24 hours on the Opposition Yuvajana Sramika Rythu Congress Party (YSRCP)’s plea to extend the time for filing nominations for the local polls.
It claimed that its candidates were attacked with iron rods, sticks and stones, and their papers were snatched and torn in the presence of police. It asked the SEC to issue orders to remove any apprehension from the minds of any candidate or stakeholder to ensure their free and fair participation in the election process. It added that participation in elections by filing a nomination is a facet of the free and fair election process. Senior advocate Siddharth Luthra, who represented the state, blamed the YSRCP and its candidates for the violence.
The YSRCP cited 87 instances where its candidates across 19 out of 100 urban local bodies (ULBs) were either assaulted or forcibly prevented from filing nominations before the closing date of October 18. The court directed the SEC to defer the publication of the final list of candidates until October 25. The court directed the police chief and SEC to file compliance reports and posted the matter for hearing on October 27. YSRCP told the court that elections would be far from free and fair as over 63% of YSRCP candidates have failed to file their nominations. Earlier reporting noted: The bench said if the poll panel chooses to extend the time, it must allow candidates at least 48 hours from publication of the decision.
In several ULBs, the plea said, even nominations for the chairperson posts could not be filed. “…the SEC shall consider the request made by the petitioner political party and/or its candidates, including the relevant evidentiary material and electronic evidence, and take a decision to extend the last date of filing nominations for candidates in ULBs, wherever it is of the view that candidates concerned were unable to file nominations due to the law and order situation,” said a bench of Justices Joymalya Bagchi and V Mohana, which took up the matter during a special sitting as the court is on a week-long Dussehra break. “Instilling confidence in the electoral process is vital for maintenance of constitutional democracy and rule of law,” the bench said. The bench said free and fair elections form part of the basic structure of the Constitution. “In over 63% of seats, the candidates will get elected unopposed,” said senior advocate Maninder Singh, who appeared for YSRCP. He said “anti-social elements” were brought from Punjab and other states to create violence. Senior advocate Mukul Rohatgi, also appearing for the state, said the petitioner wants to avoid elections and that the petition aims to create a “media narrative” in its favour.
Earlier reporting noted: The top court was hearing a plea by Yuvajana Sramika Rythu Congress Party (YSRCP) challenging the Andhra Pradesh High Court’s refusal to extend the nomination deadline for the upcoming urban local body elections, alleging that violence and intimidation prevented its candidates from filing their papers.
