The Andhra Pradesh High Court on Wednesday admitted a Telangana Rashtra Samiti petition challenging the Election Commission of India’s decision to keep out Sircilla and Vemulawada Assembly constituencies in Telangana from the ensuing byelections.
Registering the plea filed by TRS general secretary K Yadagiri Reddy for further proceedings, the High Court issued notices to the Election Commission and sought its reply on the petition.
The court posted the plea for hearing to Friday.Reddy in his petition stated that the EC has no power to defer the byelections except in two circumstances.
Petitioner said polls can be put off only when the member has less than one year term remaining before the general elections and when the ground realities prevailing in the constituency are not conducive for holding an election.
Except these two circumstances, the EC has no power to defer elections, the petitioner contented.He said it is the duty of EC to conduct polls within six months once the Assembly Speaker declares a seat as vacant.
He said the Commission has violated the provisions of the Representation of People’s Act and Article 190 (3) (b) of the Constitution by not conducting elections.
Reddy urged the court to direct the EC to conduct the byelections for the left out seats along with 10 seats in Tenlangana region.
The EC has decided against holding bypoll in Vemulawada and Sircilla as election-related petitions are still pending with the courts.