2021 Supreme(AP) 188

IN THE HIGH COURT OF ANDHRA PRADESH : AMARAVATI
ARUP KUMAR GOSWAMI, C. PRAVEEN KUMAR, JJ.
The State Election Commission rep., by its Secretary, Krishna District, Vijayawada – Appellant
Versus
Varla Ramayya, S/o Isaac – Respondent
Writ Appeal No.224 of 2021
Decided On : 07-04-2021

Point of Law:POSTPONE OF ELECTION - No reason why this Court should interfere with the decision of the respondent – Election Commission to postpone the elections particularly since the postponement is due to possible outbreak of Corona virus (COVID 19) epidemic in the country. We therefore decline to interfere with the said decision of the Election Commission

Headnote:

Constitution of India,1950 – Article, 226 - State Election - Mandal Parishad Territorial Constituencies – Petition challenge was made to an Election Notification issued by State Election Commission proposing to conduct the elections for Mandal Parishad Territorial Constituencies (for short, ‘MPTCs’) and Zilla Parishad Territorial Constituencies for short ‘ZPTCs’) in State of Andhra Pradesh filed in writ petition writ petitioner had prayed for grant of stay of all further proceedings pursuant to said Notification election process in respect of MPTCs, ZPTCs, Municipal Corporations, Municipalities and Nagar Panchayats was stopped forthwith, indicating that election process of such local bodies would be continued after six weeks or after threat of COVID-19 recedes whichever is earlier schedule which was announced for Gram Panchayat elections was kept in abeyance until further orders –

Finding of the Court:

Model Code of Conduct in letter and spirit and therefore deviation thereto cannot be accepted - In view of deviation notice single Judge observed that at interlocutory stage contention advanced by counsel for State Election Commission regarding locus standi of writ petitioner pales into insignificance - State Election Commission to issue a fresh notification - Furthermore single Judge during course of the order did not consider aspect relating to elections held after order of Hon’ble Supreme Court in respect of Gram Panchayats Municipalities and Municipal Corporations which Model Code of Conduct was not imposed for a period of four weeks single Judge also did not specifically decide issue of locus standi of the writ petitioner - Court are of the considered opinion that there are contentious issues to be adjudicated in writ petition Considering matter in its entirety court set aside the order single Judge - Balancing the competing equities Court direct that the poll can be conducted - Court however direct that counting of votes shall not take place and consequently result of elections shall also not be declared till disposal of writ petition –

Result: Appeal dispose of