INSUBCONTINENT EXCLUSIVE:
Vijayawada: The Andhra Pradesh High Court has directed the State Election Commission (SEC) to issue fresh notification to resume elections
process for MPTCs/ZPTCs from where it was stopped and re-impose the model code of conduct in the state, strictly adhering to Supreme Court
direction.A single member bench headed by Justice M
Satyanarayana Murthy delivered the verdict here on Friday, based on petitions filed by Jana Sena and Telugu Desam, seeking cancellation of
elections held to MPTCs/ZPTCs on April 8, for violation of the apex court order that said the poll code should be imposed for four weeks
prior to the date of polling
The court observed that the election notification issued on April 1 by the SEC was illegal as it was contrary to the SC direction on poll
It said that the election notification was issued, limiting the poll code from April 1 to 10 and opined that such a move was meant to
Nilam Sawhney for taking a decision in utmost haste to resume the election process on the day she took charge of her office, after
Commissioner interpreted the judgement of the apex court on poll code, on her own and concluded that four weeks time prescribed is the outer
limit so that she can reduce it
Such interpretation by misreading or misunderstanding of the order is totally misplaced and it is nothing but purposive interpretation which
language can easily find out the direction of the apex court
But the state election commissioner despite being a senior most IAS officer could not understand the simple direction in right perspective
and it creates doubt as to her suitability and fitness to the post of Election Commission
The state election commissioner failed to understand the apex court order for the reasons best known to her
The understanding of the order is not based on any reasoning except non-application of mind
The election commissioner despite being constitutional authority acted in clear defiance of the directions with utmost disrespect to the SC
elections, based on such illegal notification
If such equities are balanced on the basis of spending a huge amount, it is nothing but perpetuating illegality or legalising an illegality
on the basis of equity which is impressively under law
In fact, when the single judge passed on a order setting aside election notification for conduct of polls, the state government in a hurry
moved the division bench and obtained order and held elections in utmost haste
Had the state waited for some time, it ought to have saved the amount at least to some extent
When the state incurred huge expenditure on account of hasty acts of officials, infringement of rights of the citizen or public cannot be
April 8, for 9,696 MPTCs in which 2,371 were elected unanimously and also for 652 ZPTCs in which 126 were elected unanimously
Though counting votes was to be held on April 10, it was not allowed.On behalf of the state government, advocate general S
Sriram and for State Election Commission, senior counsel C.V
Mohan Reddy argued in the court.Petitioners Ch
Srinivasa Rao from Jana Sena and Varla Ramaiah from TD were represented by their counsels V
Venkata Ramana respectively
The petitioners moved the court, alleging poll-related irregularities like violence, prevention of candidates from filing nominations and
