The Supreme Court on Wednesday upheld the Andhra Pradesh State Election Commission (SEC)’s decision to postpone the local body elections by six weeks, but gave the government a reprieve by exempting it from enforcing the Model Code of Conduct (MCC) and allowed the implementation of existing development programmes till the resumption of the election process.
Hearing a writ petition filed by the government for striking down the SEC’s order to put on hold the elections to municipal bodies and ZPTCs and MPTCs due to the coronavirus scare, a three-judge Bench headed by Chief Justice S.A. Bobde and Justices B.R. Gavai and Surya Kant refused to intervene at this juncture and directed the SEC to announce a fresh schedule later in consultation with the government.
Presenting the government’s arguments, Additional Solicitor General A.N.S. Nadkarni and A.P. Advocate-General S. Sriram raised an objection to the continuation of the MCC during the six-week period and alleged that the SEC kept the government in the dark about its consideration of postponement of the elections.
The respondent (SEC)’s advocate claimed to have followed the procedures and it (SEC) had no political motives. Rather, the SEC was concerned with the COVID threat and hence believed that the government would be in a better position to prevent a possible outbreak of the dreaded virus if the elections are suspended for a while.
Nod must for fresh activities
The court also ordered that the government should be allowed to take necessary steps for curbing the menace of coronavirus and it should take permission from the SEC if it intended to undertake fresh developmental activities.
It may be noted that State Election Commissioner N. Ramesh Kumar declared the postponement of elections citing the COVID threat on March 15 and it evoked a strong reaction from Chief Minister Y.S. Jagan Mohan Reddy, who made serious allegations against the commission.
Besides, the government challenged the SEC order in the apex court, arguing among things that the postponement would scuttle its efforts to mobilise funds due from the 14th Finance Commission.
