VIJAYAWADA: The Andhra Pradesh High Court on Friday issued orders cancelling the validity of MPTC and ZPTC elections held on April 8 stating that the election notification was issued in violation of the Supreme Court directions and directed the State Election Commission (SEC) to re-conduct the polls.Dealing with a petition filed by TDP leader Varla Ramaiah and petitions by a few others challenging the conduct of MPTC and ZPTC elections in violation of the Supreme Court order – issuance of election notification four weeks before polls, Justice M Satyanarayana Murthy cancelled the polls.
He directed the SEC to conduct the election process again from where it was stopped earlier duly following the Supreme Court orders. The election notification issued on April 1 was illegal. Further, equal opportunities for Jana Sena candidates were not provided, he said and found fault with the attitude of SEC Nilam Sawhney.
The court in its orders maintained that TDP leader Ramaiah’s petition is eligible for hearing. Free and fair elections are the basis of democracy and contesting elections and electing representatives of their choice is a constitutional right. When such rights are obstructed, anyone can approach the court. However, the TDP leader had only brought it to the notice that the SC directions were violated, but could not prove that constitutional rights were infringed, the Judge said, dismissing the plea.
Justice Satyanarayana Murthy said when elections are not being conducted in a free and fair manner in a democracy, the court can intervene. The court has every right to intervene when decisions of the SEC are illegal and unilateral, he said.
The counsel for the SEC said it was not possible to cancel the entire MPTC and ZPTC election process now on the pretext that SC directions were violated. He said Rs 160 crore was spent on the conduct of elections and re-conduct of elections would put an additional burden on the exchequer.However, the court dismissed the argument stating that a mistake could not be justified because a huge amount was spent.
Rs 160 cr spent on conduct of elections: SEC counsel
The SEC counsel said it was not possible to cancel the entire election process now. He said Rs 160 crore was spent on the conduct of MPTC and ZPTC elections and conduct of fresh elections would put an additional burden on the State exchequer