Supreme Court hears case on violence blocking 63.5% of AP candidates

The core issue is whether the Court can intervene to ensure a free and fair election process when the State Election Commission's duty to ensure unhindered nomination filing is hampered by widespread violence.

Who it concerns: Petitioner: Yuva Jana Sramika Rythu Congress Party; Respondents: The State of Andhra Pradesh & Ors.; Bench: Hon'ble Mr. Justice Joymalya Bagchi and Hon'ble Mrs. Justice V. Mohana.

What the court decided

• The Court issued notice to the respondents.
• Mr. Guntur Pramod Kumar and Mr. Amit Pai accepted notice on behalf of the respondents.
• The Court noted that the petitioner is the principal opposition party in Andhra Pradesh.
• The Court observed that free and fair elections are a basic structure of the Constitution and that the State Election Commission has a constitutional duty under Article 243ZA to ensure unhindered filing of nomination papers.
• The Court held that judicial review cannot be muted on the plea of non-interference in election matters when widespread violence impairs the level playing field for filing nominations.
• The Court cited precedents (Election Commission of India v. Ashok Kumar, Union Territory of Ladakh v. J&K National Conference, and BJP West Bengal v. State of West Bengal) to support the view that courts are duty-bound to step in to ensure a level playing field when unjust executive action or attempts to disturb fairness are indicated.

Also in the document

• The order is a record of proceedings from 21-10-2026, where the matter was called for hearing and notice was issued, indicating this is an interim/procedural stage rather than a final judgment on the merits.
• The petitioner alleged that more than 63.5% of its candidates were not allowed to submit nominations in 19 out of 100 Urban Local Bodies due to violence.
• The respondent State Election Commission contended that police protection and CCTV coverage were directed and that the election process was postponed in specific areas like Mydukur Municipality where law and order impeded nomination filing.