Background Facts
The SC in the year 2020, upheld the SEC’s decision to suspend the election process of ZPTCs/ MPTCs and Urban Local Bodies because of the risk of a pandemic.
The Court, while passing the judgment, observed that they have no reason to interfere in the Election's decision Commission to postpone the elections, particularly due to risk associated with the outbreak of COVID-19 in the country. Therefore, the court declined to interfere in the Election's decision Commission.
The State Election Commission cut short the MCC, i.e., Model Code of Conduct period, to less than 4 weeks for conducting earlier deferred local body poll.
High Court’s Observation and Decision
A bench headed by Justice M Satyanarayana Murthy
The HC criticized the misinterpretation that was done by the poll body regarding the order passed by the SC in the year 2020.
The Court observed that the action taken by SEC leads the State to lose its democratic qualities and making its authoritarian regime.
The Court directed the SEC to issue a fresh notification regarding recommence the election process for ZPTCs/ MPTCs while re-imposing the MCC in strict obedience with the Supreme Court’s directions.
The High Court held that the impugned notification issued in deliberate and intentional violation of the Supreme Court’s direction and is liable to be quashed
What is your take on HC quashing the Election Commission decision to hold local body polls without 4 weeks MCC? Tell us in the comments below.
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