The Supreme Court on Wednesday directed the Andhra Pradesh State Election Commission (APSEC) to decide by October 22 on extending nomination deadlines for the urban local body elections wherever candidates were allegedly prevented from filing their papers because of law-and-order problems, ANI reported.
Source: ANI via LatestLY
A vacation bench of Justices Joymalya Bagchi and V. Mohana also directed the poll panel to postpone publication of the final list of candidates until October 25 — it was originally due on October 21 — and to examine the complaints of violence, obstruction and electronic evidence by Thursday. If the panel extends the time, it must give candidates at least 48 hours from the publication of its decision.
The court was hearing a plea by the Yuvajana Sramika Rythu Congress Party (YSRCP), the main opposition in Andhra Pradesh, challenging the Andhra Pradesh High Court's refusal to extend the nomination deadline. The YSRCP alleges — an allegation the court has not tested — that violence and intimidation prevented its candidates from filing; it told the court that 63.5% of its candidates were unable to file nominations.
APSEC must decide by October 22, case by case and not by a blanket extension; the final candidates' list stays on hold until October 25; the Director General of Police must ensure police protection and CCTV coverage at nomination centres; and the matter will be heard again on October 27.
Live Law reported the bench's observation that constitutional courts' hands are not tied when intervention is needed to ensure free and fair elections are not polluted by unconstitutional or illegal means such as muscle power, and that instilling confidence in the election process is vital for constitutional democracy.
Source: Live Law
The bench sought a compliance report from the poll panel and the state, making clear that any extension will be decided on the material each affected candidate places before the commission, not across the board.