State Election Commissioner has no medical expertise to take a call on Panchayat Elections during vaccine drive: Andhra Pradesh govt moves SC

The YS Jaganmohan Reddy government of Andhra Pradesh (AP) has told the Supreme Court that the State Election Commissioner N Ramesh Kumar does not have the medical expertise to decide when Panchayat elections should be held in the State when frontline workers are being vaccinated..In an appeal against an order of the AP High Court which had given green signal for holding the elections, the State government has raised questions on the medical expertise of Kumar to take such a decision when COVID-19 vaccination drive is going on in full swing in AP. ."Kumar is not qualified – having no medical expertise – to decide whether Elections ought to be conducted at a time when vaccination drive is on full swing and the effect of elections on (i) the vaccination drive and (ii) the spread of virus," the petition filed by AP government states..The State has claimed that holding elections at such a time can "put the entire vaccination drive into a disarray and endanger the lives of lakhs of citizens," though it has not been taken into account by Kumar. .It will also put the police force in the State under strain, the plea highlights. As per the petition, entire police force of the State is scheduled to be vaccinated with effect from first week of February.."In effect, the police will be required to (i) ensure that the entire police force is vaccinated; (ii) Ensure that the Elections are conducted (ii) ensure storage and transport of the vaccine. The aforesaid cannot be lost sight of," the government has contended," it has been contended..On January 21, 2021, a Division Bench of the Andhra Pradesh High Court had set aside an order of a single judge who had stayed the process of election to local bodies initiated by the State Election Commission. The High Court order of January 21 has now been challenged before apex court..The plea has pointed out that the State Election Commissioner rejected the concerns raised by the State.."The concerns were shared only after consulting the health experts of the State, a perusal of the material on record would reveal that no health experts have been consulted by the Respondent to take such a decision. Needless to state, the mandate of this Hon’ble Court to hold effective consultation with the State has also been given a go bye," the State government has submitted. .The State government agreed that the State Election Commissioner had taken the view of the government before taking a call on elections but the proposal to hold local body elections was "summarily rejected.".The AP government has also alleged that the decision to hold elections now has been taken since Kumar is retiring on March, 2021.."State is in an unfortunate position to make a submission that the only consideration that appears to have weighed with the N Ramesh Kumar to declare elections is that the Kumar is retiring in March, 2021 and wishes to conduct the election before that," reads the plea..The petition has been filed through Advocate on Record, Mahfooz Nazki.