The petitioner, a registered political party and the principal opposition party in the State of Andhra Pradesh, having failed to secure relief from the High Court eventually moved the Supreme Court stating that there was widespread violence in the State, the election process had been degenerated to a one-sided affair, directions issued by the Election Commission to provide police protection, CCTV coverage at nomination centres etc., were not complied with and contempt notices had been served upon the authorities concerned. It was prayed that the last date for filing nomination as well as declaration of the final list of candidates be extended and further adequate security arrangements be put in place to ensure effective participation in the municipal elections.

The High Court of Andhra Pradesh declined relief and one of the grounds was that as the election process had begun and time for submission/filing nomination had already expired, it would be imprudent for the Court to interfere with such election process.

A 2-Judges Bench of the Supreme Court held –

“12. …Free and fair elections are a basic structure of the Constitution. Right to freely participate in such election by filing nomination papers without hindrance is a facet of the free and fair election process. It is a constitutional duty vested on the State Election Commission under Article 243ZA to conduct and supervise Municipal elections in a free and fair manner. Discharge of such duty would necessarily include all steps to ensure unhindered filing of nomination papers by all contesting candidates. The power of the constitutional Courts to exercise judicial review, though deferential in election matters, cannot be said to be wholly negated when the discharge of such constitutional duty of the State Election Commission is hampered due to widespread violence impairing peace and tranquility and thereby skewing a level playing field in filing nominations.”

The Bench reiterated judicial pronouncements on the subject and held –

“16. These authorities above unequivocally state while constitutional courts would ordinarily not interfere with election process, but their hands are not tied when appropriate interventions are necessary to ensure that elections are conducted in a free and fair manner and are not marred by extra constitutional or illegal means, for eg. muscle power.”.

The Bench holding that the Petitioner had made out a case passed certain directions – (i)  the State Election Commission shall postpone the publication of the final list of candidates till 25.10.2026, the State Election Commission shall consider the representations made by petitioner party and/or various candidates, including evidentiary material as well as electronic evidence placed before it and take a decision to extend the last date of filing nominations in urban local bodies wherever it is of the view that candidates were unable to file their nominations due to law and order situation. (ii) The Commission shall also make additional arrangements to file nominations at the District Headquarters before the District Collector, wherever necessary. (iii) The State Election Commission shall take all necessary steps to remove apprehensions from the mind of the petitioner and prospective candidates that they have a free and fair chance of participating in the election by filing their nominations. The Election Commission shall submit its compliance report. (iv) The Director General of Police shall take all necessary steps to maintain police bandobast, CCTV coverage at nomination centers and provide necessary protection to candidates who would come to the centres concerned to file their nominations, and file compliance report.

The matter is ongoing.