Excerpt
The Court on Monday while hearing the matter over holding elections in the State during this pandemic and vaccination process held that “they cannot decide each and every political and administrative affair of the state”.
“We cannot take over everyone’s jobs. There are some political and administrative decisions. Some decisions will be taken by the Election Commission. This makes me feel this is not the issue, it is something else,” the Court said.
Facts
The plea was filed by Jaganmohan Reddy Government for the extension of election till March as the Vaccination Drive is going to start from February and get over by February 28 in the State.
The State Election Commissioner N. Ramesh Kumar notified that the Panchayat polls would be conducted by the end of January. A single-judge Bench ruled in the favour of the Government and ordered a stay on the election of local bodies in the state. The case was again raised in front of The High Court and the order was given in favour of State election Commission by the Division Bench of Andhra Pradesh High Court.
The government challenged the order of the High Court dated, January 21, in the Supreme Court.
Arguments
The government argued that keeping in view the prevailing Pandemic, conducting elections before vaccination can put the lives of thousands of people into danger. They emphasised that the vaccination of the whole Police force is to be conducted in the first week of February and their protection was a must as they were responsible for further transportation of vaccine in the state and for smooth conduction of Election.
They further continued by raising questions on knowledge of Mr Kumar on Medical expertise and knowledge as he took this decision when the vaccination process was at its highest point in the State.
Observation
The Bench observed that there were ego clashes going on between both the parties and strictly denied being a part of this Ego battle and said this ego battle is the reason behind ignorance of the law in the State.
“Ego problem between two authorities is leading to lawlessness. We cannot allow lawlessness. How can resolutions be passed against the N Ramesh Kumar? We cannot be a part of this ego battle. We cannot take over jobs of everyone,” the Court remarked.
The Court further said that states have conducted elections in the past at the time of pandemic only.
“Very difficult to blame or judge anyone. States have conducted elections during COVID-19. Even Kerala did and there is a spike now but we can’t say polls were the reason,” the Court said.
Court’s Decision
The Court dismissed the plea and expressed its disappointment on the resolution passed by staff members against the State Election Commissioner for his decision on conducting election by January end and resolution of some professional personnel were termed as ‘atrocious’ by the Court.
“All these interveners are giving more credence to our views. All these doctors, bureaucrats make us believe in our order. We will dismiss this. Some of the interventions were completely uncalled for and no business to delve into this issue. Matter dismissed,” the Court said.
Click here to view the Judgement.
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