SC upholds SEC call, lifts MCC
Oppn hails the decision, says it’s an eye-opener
A bench of the Supreme Court on Wednesday upheld the decision of the Andhra Pradesh State Election Commission to postpone the elections for the local bodies in view of the globally widespread Novel Coronavirus (Covid-19) epidemic, serving a huge blow to the YSRC state government which contested the decision as being ‘motivated’ and ‘misplaced’.
The SC bench, headed by Chief Justice Sharad Arvind Bobde, upheld the decision of the AP-SEC on the postponement of elections for six weeks in view of the Covid-19 but gave relief to Chief Minister Y.S. Jagan Mohan Reddy’s government by suspending the restrictions of the model code of conduct (MCC) till further orders, which paves the way for the YSRC government to make a mega event of 26.6 lakh house pattas distribution programme scheduled on Telugu new year Ugadi.
The main opposition Telugu Desam party and other opposition parties hailed the SC decision in upholding the SEC’s decision on postponement of polls, saying it must come as an “eye-opener” for the YSRC party.
The state government, however, saw it as a positive decision, while some analysts called it a “winwin situation” with enough positive for both the state government and the SEC, with the apex court verdict supporting postponement of local body election as taken by SEC and the lifting of the MCC with immediate effect as desired by the government.
The SC took objection to the SEC’s stand of both postponing elections on the one hand and declaring that the MCC would be in force. Additional solicitorgeneral (ASG) A. Nadkarni contended on behalf of AP government that the SEC has passed a curious order, postponing elections and yet saying the MCC will be in force.
“There was no prior consultation with the government, and if there had been any, we would have apprised the SEC of the factual situation, which would have justified the view that the state was ready for elections,” Mr Nadkarni argued.
He pointed out that it is really curious that the SEC is on caveat and opposing the writ petition filed by the state, which “clearly indicates the SEC is taking a political line.” The ASG said the SEC wants to cripple government functioning by taking sides politically. The court asked the SEC, “how can you have both sides. You want to postpone elections and also have a model code of conduct. You want to bring the state to a standstill.”
The ASG pointed out that this was a ploy and political lines are drawn and they want the government to stop functioning. The SEC contended that there was an “attempt to distribute freebies, which will affect the purity of the election”.
To which the state contended that political lines were already drawn. Why should the SEC contest developmental programmes of the state?
The Court said that MCC must be lifted immediately and could be re-imposed when the next date for elections is notified. There shall be no interference with any developmental activities already initiated and the SEC shall not interfere with that, the SC bench ruled.
● THE SUPREME court order makes way for the YSRC government to make a mega programme of
26.6 lakh house pattas distribution scheduled on Telugu new year Ugadi