SC upholds decision to postpone local body elections in Andhra Pradesh

The Supreme Court on Wednesday upheld the decision to postpone the local body elections in Andhra Pradesh while ordering the Model Code of Conduct (MCC) be lifted with immediate effect. The hearing came after the Andhra Pradesh State Government challenged the State Election Commission’s recent decision to postpone the local body elections by six weeks amid the coronavirus outbreak. The apex court also ruled that the State Election Commission must consult with the government before notifying new dates.

The State Government had moved the Supreme Court, stating that enforcing the Model Code of Conduct (MCC) has hindered several welfare activities and schemes in Andhra Pradesh. Since the elections were deferred, the State requested the Supreme Court to lift the Model Code of Conduct so the activities could be resumed. The bench agreed for the same and stated that all welfare activities must be reinstated with immediate effect.

Citing the example of the 2006 Kishan Singh Tomar Vs The Municipal Corporation of Ahmedabad City case, the SC said that elections could be postponed in the event of natural calamities like floods, earthquakes. However, the procedure requires that the SEC consult the government authorities before taking further decisions on the elections.

The local bodies in Andhra Pradesh, including MPTC, ZPTC, and municipalities, were originally set to go to polls from March 21, 2020. With the newest order from the court, the elections are now postponed to six weeks later, and the Model Code of Conduct stands lifted.