VIJAYAWADA: In a surprise development, the Andhra Pradesh Assembly, on the last day of the winter session on Friday, adopted a resolution stating that the situation in the State is not conducive for conducting elections to the local bodies in February, 2021, as decided by the State Election Commission (SEC). Interestingly, the development comes at a time when the AP High Court was hearing a petition filed by the government seeking stay on conduct of the elections in February.
Just before the resolution was moved by Health Minister Alla Kali Krishna Srinivas, Chief Minister YS Jagan Mohan Reddy, during a short discussion on Covid and other health-related issues, said the coming three months are very crucial and people have to be careful by taking all precautions going by the experience in the US, which witnessed a spike in virus cases as well as fatalities after the presidential elections.
Kali Krishna Srinivas, in the resolution, said the State is obligated to ensure the health of its citizens and it can’t initiate any activity which compromises their life and health. “If voters do not turnout to exercise their franchise to choose their representatives out of fear of Covid and danger to their lives, it deprives them of their fundamental right to vote,” he asserted. “While the Assembly recognises with respect the independence of the constitutional bodies specifically conferred with powers, it notes that unilateral decisions without considering bona fide concerns of elected government would be inconsistent with the constitutional scheme,” he added. The House also resolved that suitable legal provisions be incorporated in the AP Panchayat Raj Act, 1994, and consequent rules to handle such situations.
High Court reserves order on govt plea
The AP High Court, which heard the petition filed by the State government seeking a stay on elections, reserved its verdict. Advocate General S Sriram said though the High Court in 2018 directed the SEC to conduct elections within three months, the same was not done. At the same time, the SEC has unilaterally taken a decision to postpone the elections without consulting the government. Similarly, it now took a decision to conduct elections again without consulting the government.
Senior counsel Ashwini Kumar, on behalf of the SEC, said elections could not be conducted in 2018 due to administrative reasons. He said that the courts cannot intervene once the election process commences.
Justice DVSS Somayajulu pointed out that the process of elections can be considered to have commenced only after the election schedule was released. After hearing both the sides, the court reserved its judgment.