AP municipal polls: Supreme Court orders EC to defer publication of final candidates list after YSR Congress alleges violence

The Supreme Court on Wednesday directed the State Election Commission to postpone the publication of the final candidate list for local body polls in Andhra Pradesh, amid concerns that many electoral candidates were prevented from filing their nomination papers due to violence.

A vacation bench of Justices Joymalya Bagchi and V Mohana said that the final candidate list can be published by October 25 instead.

In the meantime, the Court ordered the State Election Commission to look into complaints made by election candidates regarding any violence or obstruction they faced while filing their nomination papers.

After examing the material or evidence enclosed with such complaints, the poll body is to take a decision in whether the deadline to file nomination papers needs to be extended, if it finds that a candidate was unable to file nomination papers due to a law and order situation.

"Such decision shall be taken by the Election Commission positively by tomorrow... And wherever the Election Commission chooses to extend the time, such time shall be extended till not less than 48 hours from the date of taking a decision," the Court ordered.

Further, the Court has ordered the Director General of Police (DGP) to take steps to maintain police bandobast, and for CCTV coverage at nomination centres and at election offices, and to provide necessary protection to candidates who file their nominations, as directed by the Election Commission.

The matter has been listed next on October 27. The State Election Commission (SEC), as well as the DGP, have been asked to submit compliance reports as well.

In its order today, the Bench also observed that while courts should usually show restraint before interfering in the conduct of elections, their hands are not tied when concerns are raised about the fairness of the polls.

"While the constitutional courts would ordinarily not interfere with the election process, but their hands are not tied when appropriate interventions are necessary to ensure that free and fair elections are not polluted by unconstitutional and illegal means," it held.

The Court noted that it cannot ignore allegations that an opposition party is being denied participation in the elections, particularly when there is material placed on record raising such concerns about the fairness of the election's conduct.

"The power of judicial review to ensure a fair and impartial election through filing of nomination papers cannot be wholly muted when the principal opposition political party in the State is before us and has placed on record materials, representations and materials, even prior to the commencement of the election process, expressing serious apprehension with regard to hindrance in participation in the election through filing nomination papers... Instilling confidence in the election process is vital for the maintenance of constitutional democracy and rule of law," it said.

However, the Court added it cannot usurp the Election Commission's role in overseeing the conduct of polls.

It, therefore, left it to the SEC to examine, on a case by case basis, whether a candidate has actually been prevented from filing nomination papers. In cases where such a complaint is found to be genuine, the SEC should extend the deadline for filing the nomination papers, the Court said.

The Court was hearing a plea by the YSR Congress Party (YSRCP) alleging that poll violence blocked its candidates from filing nominations for the upcoming Andhra Pradesh urban local body elections. The party's counsel argued today that 63.5 per cent of its candidates were not allowed to submit nominations in 19 out of the total urban local bodies.

Allegations have been raised that the ruling Telugu Desam Party (TDP)-led State government's response to such obstructions has been uneven.

The plea before the Court highlighted 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 filed affidavits saying they were obstructed while trying to file their nominations.

The party had first moved the High Court on October 10, before the polls were notified, seeking to 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 the deadline to file nominations. On October 18, a Division Bench of the High Court rejected the party's plea for a one-day extension, stating that any direction would amount to interference with the election process.

Before the Supreme Court, the party argued that the expiry of time was itself the consequence of the obstruction complained of, and could not be a ground to deny relief. The plea sought directions to extend the nomination period, for creating additional nomination centres with videography, and police protection for candidates.

Hearing today

Representing the State Election Commission (SEC), Senior Advocate K Parameshwar today assured necessary steps were being taken to ensure fair elections in line with directions already issued in the matter by the poll body as well as the Andhra Pradesh High Court.

"There are a series of police protection orders, not disclosed before Your Lordships, number one. All complied with," he said.

Representing the State government, Senior Advocate Sidharth Luthra supported Parameshwar's stance and alleged that it was in fact the YSR Congress that is engaging in violence.

"They are the ones who perpetrated violence. They have people coming in from Punjab, a lot with armed weapons," he said.

Justice Mohana, meanwhile, questioned if the poll body's and State's assurances about the steps being taken to ensure free elections is sufficient to put the matter to rest.

"Is it enough only by giving directions to the State Police when there is already a complaint of violation, that you please take care in future? Is that all?" she asked.

Parameswar, in turn, urged the Court not to go by what one political side is alleging. He maintained that the SEC would step in if there are genuine concerns that fair elections are being obstructed.

Justice Bagchi then observed that the Court could direct aggrieved electoral candidates to approach the SEC, which can then take a call on whether the deadline for filing nominations can be extended on a case-to-case basis.

"If you (Election Commission) take a decision in those cases where you feel that the issue is relevant and the issue has some evidential support of credible nature, you please take a decision either to postpone election or to give one day for filing of nominations," he suggested.

Justice Bagchi added that courts cannot always afford to refrain from deciding on disputes concerning the conduct of elections.

"See the first line of election is of judicial deference. But there is no judicial deference when it comes to law and order. And if law and order casts its ugly shadow on fair and impartial election, what do the courts (do)? ... We have to uphold constitutional values of fair and impartial election," he said.

He emphasised that a level platform is necessary to ensure fair elections.

"If a ruling party only registers a case when violence is perpetrated by members of opposition and remains immune to violence perpetrated on its opposition, what does it remain? We understand that both parties are guilty of violence."

The Bench added that the Election Commission needs to ensure that directions to protect electoral candidates from such obstruction are implemented on ground, adding that courts cannot be a platform for political campaigns.

"Whether these directions clearly worked out (or) all these directions remained on paper, directions, frantic calls to give protection to petitioners, whether that really fructified or not - we leave it to the Election Commission to assess this and give appropriate material inputs so that a fair and impartial election is done. We don't have any observations. We will not allow our judicial processes to become platforms of canvassing," said Justice Bagchi.

Meanwhile, Senior Advocate Maninder Singh, representing YSR Congress, referred to various instances of alleged violence preventing its election candidates from even filing their nomination papers.

"These are video clippings I want to show to Your Lordships. One of the burning of the cars, the MP's staff beaten. FIR filed by the State against us, 110 persons, 600 unknown with them - hundreds of them... They are arresting us, and the papers are torn. These are completed papers of nomination, which we were not even allowed to enter ... How do I give evidence for a ward where the form is torn out with my documents? I have got the video. The video clipping is here," he said.

Justice Bagchi replied that the affected electoral candidates should have approached the election officers and the police with their complaints.

The Court went on to issue directions for the SEC to examine such allegations and promptly decide whether nomination deadlines must be extended in specific violence-hit areas.

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