Aam Admi Party moves Supreme Court for conduct of Municipal Elections

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Aam Admi Party has filed a petition before the Supreme Court challenging the State Election Commission's decision to postpone the Municipal Elections of Delhi. It is the political party's contention that the elections have been postponed "without any reasonable grounds", and solely on the basis of "unofficial communication" from the Government of India.

The plea has sought direction for the Respondents to conduct the Municipal Elections in Delhi according to the initially conceived schedule of the State Election Commission, National Capital Territory of Delhi (“State Election”), before the expiry of the tenure of the Municipal Corporations of Delhi, in May 2022.

It has alleged that the the State Election Commission has been preparing for the Delhi Municipal Elections, which it has declared in multiple notification, would be conducted in April 2022. Whereas, On March 9, 2022 a letter was circulated to hold a Press Conference at 5 pm, on the same day, to declare the specific schedule of the Municipal Elections, to be conducted in April.

However, "precisely half an hour later, by way of a press note, it conveyed that it had received some communication from the Lt. Governor of Delhi, conveying that the Government of India was intending to pass a legislation to merge the trifurcated Municipal Corporations of Delhi. In light of this communication, the press conference to declare the election schedule was indefinitely postponed; the Municipal Elections consequently being deferred," the plea added.

AAP has raised the issue that whether the State Election Commission can be influenced by an unofficial communication sent by the Central Government to defer Municipal Elections which the Commission was otherwise absolutely prepared to schedule and conduct. 

The plea has further alleged that by being the sole reason behind the delay of the Municipal Elections, the Government of India is very evidently making attempts to buckle the independence of the State Election Commission and stultify free and fair Municipal Elections in Delhi.

Case Title: Aam Aadmi Part & Ors. Vs. State Election Commission