It said judicial review cannot be rendered ineffective in election matters

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The Supreme Court on Wednesday directed the Andhra Pradesh State Election Commission (APSEC) to decide by October 22 on extending nomination deadlines for urban local body polls wherever candidates were allegedly prevented from filing nominations due to law and order issues.

The top court was hearing a plea by Yuvajana Sramika Rythu Congress Party (YSRCP) challenging the Andhra Pradesh High Court’s refusal to extend the nomination deadline for the upcoming urban local body elections, alleging that violence and intimidation prevented its candidates from filing their papers. Senior advocate Mukul Rohatgi, also appearing for the State, argued that the party was attempting to create a media narrative. It claimed a candidate’s papers were snatched and torn in Kadapa, while candidates in Tirupati were assaulted and stopped from reaching nomination centres. Nine Tirupati candidates have submitted affidavits supporting these allegations. Challenging that decision, the party has argued that judicial restraint in election matters is not an absolute bar to intervention, particularly when alleged obstruction undermines the democratic process. It contended that the deadline’s expiry cannot itself justify denying relief when the alleged disruptions prevented candidates from filing nominations.

The party has alleged incidents of violence in Punganur, Rayachoti, Kadapa and Tirupati on October 16, the first day of nominations.

It said judicial review cannot be rendered ineffective in election matters. “While the constitutional courts would not ordinarily interfere with the election process, their hands are not tied when appropriate interference is necessary to ensure that free and fair elections are not polluted by unconstitutional or illegal means,” the bench said.