INSUBCONTINENT EXCLUSIVE:
Vijayawada: In a setback to the Andhra Pradesh government, the AP High Court has allowed the conduct of gram panchayat polls scheduled to be
held in four phases from February 5 to 17 in the state.A division bench comprising Chief Justice Arup Kumar Goswami and Justice C
Praveen Kumar delivered the verdict here on Thursday, allowing conduct of polls after setting aside an interim order issued by a single
importance for the people, it asked both the state government and State Election Commission to make endeavours to ensure that both were to
be conducted smoothly and successfully.The court said that the State Election Commissioner addressed the issue of the vaccination programme
raised by the state government
It observed that the commissioner may not have agreed with the views of the government on conduct of polls, even though a consultation took
that vaccination for category-I and II beneficiaries would not affect polls in any way, while election process would be completed before
launch of vaccination for more than 93 lakh people in category-III.The court said that conduct of elections to panchayats, municipalities
and even legislative Assembly in the height of Covid-19 pandemic was not a dispute as the Supreme Court in the case of Satish Kumar Sharma
issued an order on October 8, last year, directing the State Election Commission in Rajasthan to notify elections for municipal corporations
two-and-half-years.The court said the interim order issued affected the valuable right of the SEC to carry out its constitutional
requirement of holding elections to gram panchayats
It said it failed to understand how the commissioner was acting malafide in the sense of pursuing an illegitimate aim.Earlier, in the course
of arguments during hearings held in the court, Advocate General S
contended that the single judge exercised his discretion to pass an interim order in a judicious manner, keeping in mind the facts and
circumstances of the case
He said the appellate court ought not to interfere in such exercise of discretion and substitute its opinion, unless such exercise of
discretion found to be incorrect or untenable.The AG drew the attention of the court to a letter written by the election commissioner on
October 28, 2020, addressed to the Union home secretary, attributing motive to the YSR Congress government, stating that it was determined
same day, stating that the government was not intending to conduct elections as he would be strict in holding free and fair elections.The AG
said the state government wanted the election to be deferred until completion of the first phase of vaccination while the election
Srirama Murthy dismissed the allegations on the commissioner that he had a predetermined bent of mind to conduct elections and consultations
