Supreme Court to hear YSRCP plea seeking extension of nomination deadline in Andhra Pradesh
According to the cause list on the Supreme Court's official website, a Bench of Justices Joymalya Bagchi and V. Mohana will hear the matter at 10.30 am on Wednesday.
by Zee Media Bureau · Zee NewsThe Supreme Court is scheduled to hear on Wednesday a plea filed by the YSR Congress Party (YSRCP) challenging an Andhra Pradesh High Court order that refused to extend the deadline for filing nominations for the state's Urban Local Body elections. The party has alleged violence and obstruction that prevented Opposition candidates from submitting their nomination papers.
According to the cause list on the Supreme Court's official website, a Bench of Justices Joymalya Bagchi and V. Mohana will hear the matter at 10.30 am on Wednesday.
The Special Leave Petition (SLP), filed under Article 136 of the Constitution, challenges the High Court's dismissal of the party's application seeking a one-day extension of the nomination deadline in view of alleged disruptions during the filing process.
The YSRCP has claimed that its candidates were prevented from filing nominations in several areas, including Punganur, Rayachoti, Kadapa and Tirupati, on October 16, the first day of the nomination process.
According to the petition, nomination papers belonging to a party candidate in Kadapa were allegedly seized and torn. In Tirupati, several candidates were reportedly stopped from entering the offices of the Returning Officers concerned.
The party has also alleged that its workers and MP P.V. Midhun Reddy were attacked while travelling to submit nomination papers.
The YSRCP had earlier approached the Andhra Pradesh High Court, seeking directions to establish alternative nomination centres with adequate security. It argued that the failure to ensure a safe and fair nomination process violated constitutional provisions.
On October 15, a single judge declined to grant the blanket relief sought by the party. However, the court allowed individual candidates facing threats to approach the concerned Election Officers for permission to file their nominations at alternative locations.
The party subsequently filed an appeal and sought an extension of the nomination deadline, arguing that the alleged obstruction had deprived its candidates of the opportunity to participate in the electoral process.
On October 18, a Division Bench of the High Court dismissed the application, observing that the nomination period had expired and that granting the requested relief at that stage would amount to interference with the election process.
The Bench also said the relief sought went beyond the scope of the original writ petition. It noted that, without a copy of any rejection order issued by the State Election Commission on the party's representation, the grounds for such a rejection could not be examined.
The High Court further observed that constitutional courts would be “loath to issue” directions after the nomination deadline had expired if doing so amounted to interference with the election process.
The main writ appeal is scheduled to be heard by the High Court on October 26. According to the election schedule, the deadline for withdrawal of candidatures is October 21, polling will take place on October 28 and votes will be counted on October 30.
In its plea before the Supreme Court, the YSRCP has argued that the principle of non-interference in elections is a rule of judicial restraint, rather than an absolute bar on issuing directions to ensure free and fair elections.
The party has further contended that the expiry of the nomination deadline, allegedly resulting from obstruction, should not in itself prevent the court from granting relief.
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