Andhra local polls: SC defers final candidate list till Oct 25 amid YSRCP's obstruction claims

New Delhi: The Supreme Court on Wednesday directed the Andhra Pradesh State Election Commission (SEC) to defer publication of the final list of candidates for local body elections until October 25, after YSR Congress Party alleged that violence and intimidation prevented several of its candidates from filing nomination papers.

A vacation bench of justices Joymalya Bagchi and V Mohana directed SEC to examine complaints of obstruction and decide "positively" by Thursday whether the nomination deadline should be extended in areas where candidates were prevented from filing their papers because of law and order problems.

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"If law and order casts its ugly shadow on fair and impartial elections, what do the courts (do)? ... We have to uphold constitutional values of fair and impartial election," the bench verbally observed.

The bench said free and fair elections were part of the Constitution's basic structure and the right to participate in the electoral process was an essential facet of that guarantee. While SEC was entrusted with conducting elections, the power of constitutional courts to exercise judicial review could not be wholly muted when a principal Opposition party placed material before them alleging obstruction to electoral participation.

Rejecting the argument that the courts' hands were tied, the bench said judicial intervention could not be ruled out when constitutional values underpinning free and fair elections were at stake. It, however, emphasised the need to respect SEC's authority to conduct elections and allow it to examine the representations within the prescribed timeline.

The bench stressed the need for a level playing field and questioned the adequacy of the state's response to allegations of violence.

The bench directed SEC to examine representations from the affected YSR Congress candidates, including supporting documents and electronic evidence, and decide by Thursday, on a case-by-case basis, whether the nomination deadline needed to be extended in local bodies where candidates were unable to file papers because of law and order problems.

Wherever an extension was granted, candidates would have to be given at least 48 hours from publication of SEC's decision to file their nominations, with the election notification amended accordingly.

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The court also directed the state DGP to ensure adequate security for candidates and election offices and prevent further obstruction. SEC was asked to issue appropriate orders to dispel apprehensions among candidates and other stakeholders and ensure their free and fair participation in the electoral process.

YSR Congress Party, led by former chief minister YS Jagan Mohan Reddy, approached the Supreme Court after the Andhra Pradesh High Court declined to extend the nomination period. The party alleged that its candidates had been assaulted, threatened and prevented from reaching nomination centres in several areas.

It cited incidents in Punganur, Rayachoti, Kadapa and Tirupati, including allegations that nomination papers were snatched and torn and candidates were denied access to approach filing centres. The party argued that the nomination deadline could not be used to deny relief when the alleged obstruction itself had prevented candidates from filing their papers. SEC was directed to file a compliance affidavit by October 27, when the matter is scheduled for resumed hearing.