Andhra Pradesh: SEC Stops Election Process in All 100 ULBs

In an order on Wednesday, the apex court directed the SEC to consider the plea of petitioner YSRC by Thursday to extend the last date for filing of nominations in urban local bodies wherever it was of the view that the candidates were unable to file their nominations due to law and order situation.

It also directed that if the SEC chose to extend the time, it be extended by not less than 48 hours from the time of publishing such a decision by amending the election notification. The SEC, it ruled, may postpone the publication of the final list of candidates till October 25.

The SEC had originally scheduled the last date of filing of nominations for October 18.

A division bench comprising Justice Joymalya Bagchi and Justice V. Mohana heard the SLP filed by the YSRC in New Delhi and issued the order.

The SC directed the SEC to make additional arrangements to file nominations at the district headquarters (before the district collector) and asked it to remove apprehensions from the mind of the petitioner YSRC and prospective candidates and ensure that they have a free and fair chance of participating in the election by filing nominations.

The court asked the SEC to submit its compliance report.

It asked the state DGP to take all necessary steps to maintain police bandobast, CCTV coverage at nomination centres and provide necessary protection to candidates who would come to the polling stations to file their nominations.

Petitioner’s counsel Maninder Singh argued that there was widespread violence in the state and the election process has been degenerated to a one-sided affair as more than 63.5% of the YSRC candidates were not allowed to submit notations in 19 out of 100 urban local bodies.

Counsel further contended that the directions issued by the SEC to provide police protection, and CCTV coverage at at nomination filing centres were not complied with; and contempt notices have been served upon the authorities in this respect.

He prayed that the last date of filing of notations as well as declaration of the final list of candidates be extended and adequate security arrangements be put in place to ensure their effective participation in the elections.

SEC’s senior counsel Parameshwar denied such allegations and contended that the necessary remedial measures had been taken by the DGP to provide police bandobast and CCTV coverage in and around all election offices where the nominations were to be filed.

AP’s counsel Siddarth Luthra contended that the petitioner has not come with clean hands and submitted that the petitioner and the party’s supporters engaged in violence and even brought in anti-social elements from other states to achieve its ends.

The court observed, “Free and fair elections are a basic structure of the Constitution. Right to freely participate in such elections by filing nomination papers without hindrance is a facet of the free and fair elections process. This is a constitutional duty vested in the SEC under Article 243 ZA to conduct and supervise municipal elections in a free and fair manner.”

Discharge of such duty, SC said, would necessarily include all steps to ensure unhindered filing of notion papers by all contesting candidates.

After hearing the parties, the court posted the matter for next hearing on October 27.

Meanwhile, SEC Anil Chandra Punetha held a video conference with the collectors and SPs from districts including YSR Kadapa, Annamayya, Tirupati, Anantapur, Prakasam, Palnadu and Markapur, and directed them to comply with the interim order of the Supreme Court.

He said that after receiving a copy of the apex court order and the reports from the collectors and SPs from districts, the SEC would take a final decision on extension of the deadline for filing of nominations and clarified that candidates need not submit No Objection Certificate and No-Dues certificate at the time of filing of nominations as other documents submitted would suffice to file nominations.