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Andhra Pradesh HC refuses to direct SEC to hold MPTC, ZPTC elections

Justice Somayajulu said the petitioner filed the writ petition before the completion of election process for urban local bodies. 

Published: 24th March 2021 11:31 AM  |   Last Updated: 24th March 2021 11:31 AM   |  A+A-

Andhra Pradesh High Court

Andhra Pradesh High Court

By Express News Service

VIJAYAWADA: The Andhra Pradesh High Court on Tuesday made it clear that it could not give any interim order to the State Election Commission (SEC) to conduct polls to MPTCs and ZPTCs. 

Justice DVSS Somayajulu, who heard the petition filed by Mettu Rami Reddy of Guntur seeking the court directions to the SEC to conduct the MPTC and ZPTC elections, said it could not come to a conclusion that SEC Nimmagadda Ramesh Kumar is not taking forward the stalled election process as he is proceeding on leave for three days. 

Rami Reddy, in his petition, maintained that Ramesh Kumar was not taking any steps to resume the stalled process of MPTC and ZPTC elections to protect the interests of the opposition TDP in the wake of the ruling YSRC’s massive victory in the polls to gram panchayats and urban local bodies. The petitioner sought directions to the SEC for the conduct of polls.

Justice Somayajulu said the petitioner filed the writ petition before the completion of election process for urban local bodies. The petitioner made certain serious allegations against Ramesh Kumar of being biased and acting unilaterally and made him a respondent in the case. 

In this context, Ramesh Kumar should be given an opportunity to file his counter and his arguments should be heard before giving any interim orders, Justice Somayajulu said and refused to give interim orders as sought by the petitioner.

He said the court can point out any mistake committed by a constitutional body but cannot direct it to discharge its duties in a particular manner. Justice Somayajulu concurred with the arguments of Advocate General S Sriram that the SEC decisions can be scrutinised by the judiciary. SEC and Principal Secretary were asked to file their counters and posted the matter to March 30.

Court cannot direct SEC on polls: Judge

Justice Somayajulu said the court can point out any mistake committed by a constitutional body, but cannot direct it to discharge its duties in a particular manner, refusing to give any interim orders to the SEC on MPTC polls 



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