LAWS(APH)-2021-4-21

VARLA RAMAIAH Vs. STATE ELECTION COMMISSION

Decided On April 06, 2021
Varla Ramaiah Appellant
V/S
STATE ELECTION COMMISSION Respondents

JUDGEMENT

(1.) The 1st respondent-The A.P. State Election Commission, who is responsible under Article 243K of the Constitution of India to conduct elections to the Panchayats, issued notification No.68/SEC-B1/2020 dated 07.03.2020 declaring its intention to conduct elections to Mandal Parishad Territorial Constituencies (MPTCs) and Zilla Parishad Territorial Constituencies (ZPTCs) within the State of Andhra Pradesh. Along with the notification, it issued an election schedule whereunder the election programme was to commence on 09.03.2020 with the issuance of election notice by the Returning Officers on 09.03.2020 and ends with declaration of results on 24.03.2020. As per the aforesaid schedule, filing, withdrawal of candidature and scrutiny of nominations were completed and a final list of contesting candidates was also published on 14.03.2020. The polling date was scheduled on 21.03.2020. However, due to outbreak of COVID-19 pandemic, the 1st respondent issued another notification N0.68/SEC-B 1/2020 dated 15.03.2020 as follows:

(2.) Challenging the above notification dated 15.03.2020, the A.P. State Government have filed Writ Petition (Civil) No.437 of 2020 before the Hon'ble Supreme Court. While observing that it did not see any reason to interfere with the decision of the Election Commission, the Hon'ble Apex Court disposed of the writ petition with certain observations.

(3.) Since six weeks were elapsed after issuing notification dated 15.03.2020, the 1st respondent issued another notification N0.68/SEC- Bl/2020 dated 06.05.2020 as follows: