New Delhi:
The Supreme Court on Wednesday directed the Andhra Pradesh State Election Commission (APSEC) to decide by October 22 on extending nomination deadlines for urban local body polls wherever candidates were allegedly prevented from filing nominations due to law and order issues.
A vacation bench of Justices Joymalya Bagchi and V Mohana directed the State poll panel to postpone publication of the final candidates' list until October 25 and examine complaints of violence, obstruction and electronic evidence by Thursday. The publication of candidates' list was originally scheduled to be published on October 21.
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.
It further ordered that the Director General of Police must ensure police protection to candidates and CCTV coverage at nomination centres and sought a compliance report from the poll panel and the State. The bench posted the matter for hearing on October 27.
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.
During the hearing, the bench observed that free and fair elections are part of the Constitution's basic structure and the right to file nominations is integral to the electoral process.
It added that constitutional courts cannot remain powerless when intervention is necessary to safeguard electoral fairness.
It said judicial review cannot be rendered ineffective in election matters.
"While the constitutional courts would not ordinarily interfere with the election process, their hands are not tied when appropriate interference is necessary to ensure that free and fair elections are not polluted by unconstitutional or illegal means," the bench said.
Senior advocate Maninder Singh, appearing for the YSRCP, claimed that nearly 63 per cent of candidates had been prevented from filing nominations and that videos showed nomination papers being torn.
The State and the SEC opposed the plea, with senior advocate Siddharth Luthra representing the government alleging that the petitioner itself had instigated violence.
Senior advocate Mukul Rohatgi, also appearing for the State, argued that the party was attempting to create a media narrative.
The bench said it had considered the rival submissions and the material placed on record before concluding that the YSRCP had made out a prima facie case for directions.
The party has alleged incidents of violence in Punganur, Rayachoti, Kadapa and Tirupati on October 16, the first day of nominations. It claimed a candidate's papers were snatched and torn in Kadapa, while candidates in Tirupati were assaulted and stopped from reaching nomination centres. Nine Tirupati candidates have submitted affidavits supporting these allegations.
YSRCP had initially approached the High Court on October 10, seeking additional nomination centres. A single judge dismissed the plea on October 15. Its subsequent request for a one-day extension was rejected by a division bench on October 18, which held that extending the expired deadline would interfere with the election process.
Challenging that decision, the party has argued that judicial restraint in election matters is not an absolute bar to intervention, particularly when alleged obstruction undermines the democratic process. It contended that the deadline's expiry cannot itself justify denying relief when the alleged disruptions prevented candidates from filing nominations.
The plea sought an extension of the nomination period, additional centres equipped with videography, police protection for candidates and a stay on declarations of candidates elected unopposed.
(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)