The State Election Commission filed a writ appeal in the High Court challenging the stay granted by Justice M. Ganga Rao on the proposed conduct of gram panchayat elections in February.
SEC standing counsel N. Ashwani Kumar said in the appeal that the election notification and the process thereof ought not to be interfered by the court once they had been set in motion, citing the Supreme Court judgment in Election Commission of India v/s Ashok Kumar and Others.
The apex court ruled that if questioning an election has the effect of interrupting, obstructing or protracting the election proceedings in any manner, the invoking of judicial remedy has to be postponed till after the completion of proceedings in elections.
The judge should have noted the refusal of the Supreme Court of India and the High Courts of Karnataka, Kerala and Rajasthan to stay or postpone the local body elections in the backdrop of COVID pandemic, the plea said.
