Courts can’t interfere after notification: SEC

VIJAYAWADA:  The State Election Commission (SEC) on Saturday informed the Andhra Pradesh High Court that schedule for the MPTC and ZPTC elections was issued on April 1 and argued that judiciary cannot interfere once the schedule was notified. In an affidavit filed before the court, the SEC recalled that the Supreme Court had in quite a few verdicts made this point crystal clear and added that the apex court had in fact endorsed the poll notification issued in March last year.

In this backdrop, a single judge and a division bench of the high court had dismissed petitions challenging the notification, the SEC informed the court and said similar petitions have been filed now. It may be recalled that the BJP has filed a petition in the high court seeking a directive to the SEC to hold the MPTC, ZPTC elections afresh and not from where they had been left off in March last year.

Justice Durgaprasad Rao, who heard the petition, had directed the SEC to file an affidavit. The SEC, in its arguments, pointed out that the Supreme Court had made it clear that right to contest elections was not a fundamental right and felt there was no substance in the petitioner’s argument that they would lose their right to contest if fresh notification was not issued.It explained that the notification was issued in March last year under Article 243 (K) and the poll process was suspended due to the onset of Coronavirus. The notification was renewed recently in view of the reduced number of coronavirus cases, it said.

However, the petitioner’s counsel Veera Reddy, in his arguments, said that there was a gap of one year since the notification was issued and in the meantime, many had become eligible voters. To ensure that they also exercise their franchise, a fresh notification needs to be issued, he said. The TDP too filed a petition and argued that the SEC had violated the Supreme Court guideline that the model code of conduct must be enforced four weeks prior to the elections. The Jana Sena too has filed a petition seeking a fresh notification.