Decision taken in interest of public health: Andhra Election Commission on deferring polls

State Election Commissioner N Ramesh Kumar said the decision was taken in the larger interest of public health after the Central government declared the COVID-19 outbreak a national disaster.
Kumar said the distribution of house sites to individual beneficiaries is covered under the MCC.
Kumar said the distribution of house sites to individual beneficiaries is covered under the MCC.

VIJAYAWADA: The MPTC and ZPTC elections scheduled for March 21 and the polls to municipalities and municipal corporations scheduled for March 23 have been deferred, as the State Election Commission (SEC) on Sunday issued a notification halting the election process for six weeks ostensibly due to the coronavirus outbreak.

In response, the YSRC said the poll panel’s decision was “unilateral and with no proper justification”. The opposition TDP, meanwhile, said the SEC shouldn’t just defer the elections, but also issue a re-notification for the polls as the process so far was riddled with violations and violence.

State Election Commissioner N Ramesh Kumar said the decision was taken in the larger interest of public health after the Central government declared the COVID-19 outbreak a national disaster.

“We are only halting — not cancelling — the election process. The tasks that have been completed so far will remain as is. The election process will be resumed with changes wherever necessary after six weeks or once the coronavirus threat recedes. With regard to the panchayat polls, a fresh notification will be issued,” he explained.

Kumar made it clear that the Model Code of Conduct (MCC) would be in force during the six-week period, after which it will be reviewed.

Elaborating on why the elections were postponed, Kumar said the decision was taken under extraordinary circumstances and after due consultations with all stakeholders. The SEC has powers on par with the Election Commission of India as per Sections 243K and 243ZA of the Constitution of India and Section 7 of Municipal Act, he pointed out adding that this was reiterated by the High Court of Andhra Pradesh while dealing with writ petition 177 on March 10.

“States in the North have already regulated schools, cinemas and commercial establishments. Karnataka and Telangana have also closed schools, cinemas, commercial establishments, and regulated mass gatherings. As the elections are to be held through ballots, there will be a high level of human contact and people will spend a long time in queues at polling stations. Such congregations are against the advice of the Central government,” he explained.

The ruling party soon shot back, with Chief Minister YS Jagan Mohan Reddy questioning the SEC and saying officials of the health department were not consulted before it was decided to defer the elections. Following this, Kumar clarified that national-level functionaries were consulted.

“If the warning is de-escalated, the SEC will resume the poll process without losing a single day,’’ he said.

Kumar said the distribution of house sites to individual beneficiaries is covered under the MCC. “The commission is of the view that the elections are merely put on hold and not cancelled. As the elections are likely to resume in six weeks or earlier, a correct view has been taken that the MCC will be in effect,” he said.

“The SEC is a Constitutional body and the commissioner is on a par with a High Court judge. All safeguards available to a HC judge are applicable to the commissioner. Attributing motives to acts of a Constitutional functionary would only weaken the institution,” he said. YSRC MP V Vijayasai Reddy said they would knock the doors of the Supreme Court against the SEC’s decision. Meanwhile, TDP chief N Chandrababu Naidu said the SEC failed to act against the violence unleashed by the YSRC, and demanded that it issue a re-notification to begin the poll process afresh.

Government to challenge SEC decision in Apex Court

The state government has decided to challenge the SEC’s decision — to halt the election process — in the Supreme Court. The government will explain how the decision will impact the flow of funds to local bodies, which stand to lose Rs 5,000 crore, and say elected representatives in local bodies would help in the effective management of COVID-19.

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