Andhra local polls: SC asks SEC to decide on YSRCP plea for extending nomination deadline

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.

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. 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. In several ULBs, the plea said, even nominations for the chairperson posts could not be filed.

The polls to ULBs, Zila Parishads and Gram Panchayats are scheduled for October 28.

The court directed the SEC to defer the publication of the final list of candidates until October 25. “...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.

The court directed the state police chief to ensure necessary arrangements at the nomination centres and protection for candidates filing nominations.

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. The court directed the police chief and SEC to file compliance reports and posted the matter for hearing on October 27. “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. It added that participation in elections by filing a nomination is a facet of the free and fair election process.

The bench reiterated that the constitutional courts, as a matter of rule, do not interfere once the election process has started. “It cannot be ignored that custodians of constitutional values are constitutional courts and to ensure fair and impartial elections by filing of nomination papers, courts cannot be wholly muted when the principal Opposition party is before us and has presented representation and material even prior to the starting of the election process.”

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. “In over 63% of seats, the candidates will get elected unopposed,” said senior advocate Maninder Singh, who appeared for YSRCP.

Senior advocate Siddharth Luthra, who represented the state, blamed the YSRCP and its candidates for the violence. 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.

The bench said both parties have taken to violence. “We have to ensure free and fair elections. We will not permit the judicial platform to be used for canvassing by any party. At the same time, we have to ensure a level playing field for the candidates.”

Senior advocate K Parameshwar, who represented the SEC, said the petitioner has not told the court about police protection provided to all candidates along with CCTV coverage based on Andhra Pradesh high court orders on individual petitions of YSRCP candidates. He added that the poll in Mydukur local body was cancelled due to violence.

The bench said, “The very fact that you [SEC] have taken note of the problem does not mean that it does not give rise to these proceedings.”

The YSRCP approached the Supreme Court after the high court on October 18 rejected its plea for an extension of time for nomination, saying the SEC will consider the issue on a case-to-case basis. The high court hinted that if the SEC does not decide to extend the time for filing nomination in any particular case, the candidate will have the liberty to raise this issue on the grounds of wrongful rejection of the nomination form in an election petition subsequent to the election.