SC Orders Andhra Pradesh Poll Panel to Review Nomination Deadline Amid Violence Claims
The Supreme Court directs Andhra Pradesh poll panel to consider extending nomination deadlines following allegations of violence and obstruction.
In a significant intervention to safeguard the democratic process, the Supreme Court has directed the Andhra Pradesh State Election Commission (APSEC) to determine whether the nomination deadlines for urban local body elections should be extended. This order comes after allegations that candidates were violently prevented from filing their nomination papers due to law and order breakdowns.
The Supreme Court's Directive
A vacation bench comprising Justices Joymalya Bagchi and V Mohana has instructed the State poll panel to make a decision by October 22 regarding the extension of deadlines in areas where candidates were allegedly obstructed. To allow for a thorough review, the court has ordered the postponement of the final candidates' list publication—originally set for October 21—until October 25.
The bench emphasized that if the poll panel decides to grant an extension, it must provide candidates with at least 48 hours from the moment the decision is published. Furthermore, the court has mandated the following security measures:
- The Director General of Police must ensure adequate police protection for all candidates.
- CCTV coverage must be implemented at all nomination centres.
- The poll panel and the State must submit a compliance report to the court.
The Core of the Dispute
The legal battle began when the Yuvajana Sramika Rythu Congress Party (YSRCP) challenged a decision by the Andhra Pradesh High Court. The YSRCP had previously sought an extension and additional nomination centres, but their pleas were dismissed by the High Court, which argued that extending an expired deadline would interfere with the election process.
Representing the YSRCP, senior advocate Maninder Singh made a startling claim that nearly 63 per cent of their candidates were blocked from filing nominations. He presented evidence, including videos, allegedly showing nomination papers being torn apart.
Allegations of Violence
The YSRCP specifically highlighted incidents that occurred on October 16, the first day of nominations, in several locations:
- Kadapa: Allegations that a candidate's nomination papers were snatched and destroyed.
- Tirupati: Claims that candidates were assaulted and physically stopped from reaching the nomination centres. Nine candidates from Tirupati have submitted affidavits to support these claims.
- Punganur and Rayachoti: Reports of similar violence and intimidation.
The State's Counter-Argument
The State government and the State Election Commission strongly opposed the plea. Senior advocate Siddharth Luthra, representing the government, alleged that the YSRCP itself was responsible for instigating the violence. Adding to this, senior advocate Mukul Rohatgi argued that the party was merely attempting to build a specific media narrative to suit its interests.
Judicial Stand on Fair Elections
Despite the opposing views, the Supreme Court observed that free and fair elections are a fundamental part of the Constitution's basic structure. The bench asserted that the right to file nominations is an integral part of the electoral process and that constitutional courts cannot remain passive when intervention is required to ensure fairness.
"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 stated.
The court concluded that the YSRCP had established a prima facie case, warranting these directions. The matter is now scheduled for a further hearing on October 27.