The YSR Congress Party (YSRCP) has moved the Supreme Court alleging that poll violence blocked its candidates from filing nominations for the upcoming Andhra Pradesh's urban local body elections.
The plea challenges an order passed by the Andhra Pradesh High Court refusing to extend the deadline for filing nominations.
A vacation Bench of Justices Joymalya Bagchi and V Mohana of the apex court will hear the plea on October 21.
That is also the last date for withdrawal of candidature. Polling is scheduled for October 28.
The party first moved the High Court on October 10, before the polls were notified, seeking secure additional nomination centres. A single-judge dismissed that plea on October 15.
Subsequently, it moved the High Court flagging violence at nomination centres and seeking extension of deadline to file nominations.
On October 18, a division bench of the High Court comprising Justices Ninala Jayasurya and Purushottam Kumar Chintalapudi rejected the party's plea for a one-day extension to file nominations.
The High Court said that the time for filing nominations had expired and any direction to extend the same would amount to interference with the election process.
This prompted the plea before the Supreme Court.
As per the petition, there was violence at Punganur and Rayachoti on October 16, the first day of nominations. A candidate's papers were snatched and torn at Kadapa, and candidates in Tirupati were assaulted and prevented from reaching nomination centres.
Nine Tirupati candidates have filed affidavits saying they were obstructed while trying to file their nominations.
The petition argues that the principle of non-interference with elections is only a rule of judicial restraint and not an absolute bar on court's intervention.
According to the plea,
"In a situation where the democratic process is being thwarted, it is the bounden duty of the Constitutional Courts to step in and ensure that elections take place transparently and that no candidate is forced out of the race."
Further, the expiry of time was itself the consequence of the obstruction complained of, and could not be a ground to deny relief, it has been contended.
The plea has sought the following reliefs:
- extension of the nomination period;
- additional nomination centres with videography;
- police protection for candidates; and
- a stay on unopposed declarations.
The petition was filed through advocate Mahfooz A Nazki.