UP Local Polls- Allegations Against BJP Creating Pressure On Candidates, Allahabad HC Directs Election Commission To Ensure Fair Polls

The Allahabad High Court today directed the State Election Commission of Uttar Pradesh to ensure free and fair elections to be conducted of Zila Panchayat Chairpersons in the State tomorrow.

The Bench of Justice Rajan Roy and Justice Saurabh Lavania was hearing the plea of one Anita, who is a candidate for the Zila Panchayat Chairperson Post from Sitapur District in Uttar Pradesh from the Samajwadi Party.

The Counsel appearing for her alleged that immense pressure was being exercised on the candidates, their relatives and agents so as to influence the elections in favour of the private opposite party who is affiliated with the ruling party of the State.

It was submitted that the First Information Reports are being lodged against relatives of the candidates etc. and the apprehension was that the election would not be free and fair. Hence, it was prayed that appointment of Observer be made by the Court and videography of the election process be done.

The Court also prayed that helpers be provided to voters and that the elections be conducted strictly in accordance with the Uttar Pradesh Zila Panchayat (Election of President and Vice President and Settlement of Election Disputes) Rules, 1994.

The contention was that at the behest of the opposite party no. 8 (BJP candidate), every attempt was being made to ensure her success in the elections by manipulating things in her favour in violation of law of the land.

Election Commission's Stand

The Election Commission submitted that in a similar writ petition, the Court had directed the Election Commission to ensure that elections are held strictly in accordance with law and that the Commission has already appointed an Observer for the elections.

As regards videography, it was submitted that the said provision was contained in the Circular dated 30.11.2010 and this practice had been followed in the subsequent elections and would be followed in this elections.

He assured the Court that the directions of the Election Commission shall be implemented by the Officers who at present are under the control and command of the Election Commission in letter and spirit and any attempt to influence the elections in any manner shall be dealt with utmost severity but in accordance with law.

Further, the Court noted that the contention of Counsel for the petitioner was that no doubts on paper every direction had been issued but the question was of their proper implementation on the ground level.

On the other hand the counsel for the opposite party no. 8 (supported by BJP) submitted that the petitioner had not approached the Election Commission, though, he says that he has.

Listing the matter for July 9, 2021, the Court directed the Election Commission to ensure free and fair elections and to strictly implement the circulars/orders which have been issued by it as is expected of it under the Constitution.

Importantly, the Court kept the matter pending only to have feedback as to what actually transpires on the date of the election so that the larger issues involved herein, if necessary, may be considered by this Court even if the elections have been held.

The Election Commission has been directed to file a report in this regard before the next date.

Case title - Anita v. State Of U.P. Thru Prin. Secy. Panchayat Raj Deptt. & Ors

Click Here To Download Order

Read Order