Review Power Of Constitutional Courts Not Wholly Negated In Election Matters: Supreme Court

The Supreme Court on Wednesday has observed that while ensuring free and fair elections, the power of the court to review though deferential in election matters, cannot be said to be wholly negated.

A bench of Justices Joymalya Bagchi and V Mohana has said, "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."

These observations came to be made by the bench while hearing Yuvajana Sramika Rythu Congress Party (YSRCP)'s plea over the conduct of elections to the Urban Local Bodies in the State of Andhra Pradesh alleging the workers of the party in power have resorted to large-scale violence and have prevented their candidates from even filing their nominations.

A special bench of Justices Bagchi and Mohana which was set up to hear cases during the Dussehra vacations has directed the state election commission consider the representation made by YSRCP and other candidates including relevant evidentiary materials as well as electronic evidence and take a decision by tomorrow to extend the last date of filing nomination in urban local bodies wherever it is of the view that candidates concerned were unable to file nomination due to law and order situation.

In its order the bench noted the philosophy of judicial deference to the control and superintendence of elections by the Election Commission has grown from a doctrine of necessity that the election process which is entrusted in the hands of an independent constitutional authority be permitted to be concluded within a prescribed timeline and not be mired in the quagmire of intermediate judicial interference.

"All grievances to such election process may be agitated in an election petition after the process is over.' However, when the principal opposition political party in the State had approached the High Court even prior to the commencement of the election process and had placed on record ample representations and materials expressing serious apprehension and/or instances of use of force and coercion during filing of nomination papers, the power of judicial review cannot be muted on the plea of non-interference in election matters. In such cases, judicial intervention is imperative to ensure a fair and impartial conclusion to the election process and cannot be eschewed as “calling in question an election” prior to its conclusion...", the bench has said.

YSRCP has approached the Supreme Court after the High Court has denied its plea seeking immediate directions for alternative and safe places for submission of nomination papers. By order dated 15 October, 2026, the Single Judge declined the prayer as being based on mere apprehension, and granted liberty to individual candidates to apply to the Election Officers concerned within the notified schedule.

The party alleged that soon after the high court's refusal, on the very next day i.e., the first of the three days fixed for nominations, there was violence at Punganur and Rayachoti, nomination papers of the YSRCP candidate were snatched and torn at Kadapa, and candidates at Tirupati were physically assaulted and prevented from even reaching the nomination centres.

In this regard, representations were even made to the State Election Commission on 16the October 2026 and again in person on 18th October 2026 but yielded no result. Later, considering that the last date for filing nominations was 18th October 2026, YSRCP had filed an appeal before the high court annexing sworn affidavits of candidates who were prevented from filing their nominations, along with an application seeking extension of time for receipt of nominations by one day, which cam to be dismissed by a Division Bench, holding that the relief was beyond the scope of the writ petition and that, the time for filing nominations having expired, any direction would amount to interference with the election process.

Case Title: Yuvajana Sramika Rythu Congress Party Versus The State of Andhra Pradesh and Ors

Bench: Justice Bagchi and Justice Mohana

Hearing Date: October 21, 2026