Aam Aadmi Party Moves Supreme Court Seeking To Conduct Municipal Elections In Delhi As Per Initial Proposal In Free And Fair Manner

Aam Aadmi Party has approached Supreme Court seeking directions to conduct 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 been stated in the petition that the writ raises an important question of constitutional significance as to 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 brazen influence of the Government of India over the State Election Commission and its flagrant meddling with the conduct of Municipal Elections forms the subject matter of this writ petition," the petition states.

AAP in the petition has contended that the State Election Commission was preparing for the Delhi Municipal Elections and by way of multiple notices, notifications and orders had indicated that the same would be conducted in April 2022.

On March 9, 2022 it circulated a letter indicating its intent 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, plea also states.

In this regard, AAP in the plea has further stated that 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 as per which the Government of India was intending to pass a legislation to merge the trifurcated Municipal Corporations of Delhi.

The petitioners further stated that in light of this communication, the press conference to declare the election schedule was indefinitely postponed resulting in the Municipal Elections consequently being deferred.

"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," plea further states.

Relying on the judgement in Digvijay Mote v. Union of India, (1993) 4 SCC 175), AAP has further contended that such insufficient reasons to postpone elections, rendering the conduct of timely elections before the expiry of the constitutionally mandated duration of the Municipal Corporations effectively impossible, clearly hamper with the sanctity of impartial elections.

The petition has been filed by Advocate Shadan Farasat

Case Title: Aam Aadmi Party & Ors v State Election Commission