Postponing polls will lead to constitutional crisis: HC

Hyderabad, Jun 22 (UNI) A Division Bench of the Andhra Pradesh High Court today suspended the operation of the judgement of a Single Judge quashing the election notification issued by the State Election Commissioner (SEC) on June 10 for holding elections to Panchayat Raj Bodies (PRB).

The Bench said the Single Judge's order had far-reaching consequences, including creating a constitutinal crisis. The Panchayat Raj Act (PRA) as well as the Constitution did not permit office-bearers of panchayat to remain in office even a day after their five year term. If the Single Judge's order was allowed to operate, it would necessarily lead to postponement of the elections and creat Constitutional vacuum.

The Bench comprising Chief Justice G S Singhvi and Mr Justice G V Seethapathy allowed the miscellaneous Petitions filed by the State Government as well as the EC. The Bench agreed with the State that there had been numerous occasions in which the Supreme Court had observed that due electoral process should not be interfered with at the instance of a splinter group. The electoral process was sacrosanct.

The PRA provided for an elaborate procedure, in which those who nursed grievances against additions or deletions of electors could raise objections and also had a mechanism to redress such grievances.

Those who failed to make use of such an opportunity could not be allowed to raise their dissenting voice after the election process had began with the issuance of Notification. Though the allegations of electoral malpractices were appealing, the Courts must resist yielding to such requests.

The State Government had spent roughly about Rs 45 crore towards ensuring free and fair elections. On the request of the Election Commissioner, troops had been summoned from different States to be deployed at sensitive places. The entire expenditure would go waste if the elections were to be postponed. Alleged irregularities in the electoral lists could be considered and rectified after the elections also.

The Bench posted the writ appeals to June 27 for further hearing.

(Eds: Here pick from second para of MS 65 slugged Law-AP-HC-Lead Local Body).

UNI XR/AA MA DB2052