ORAL ORDER Arup Kumar Goswami, CJ Heard Mr. G.V.S. Mehar Kumar, learned Counsel for the petitioner. Also heard Mr. S. Sriram, learned Advocate General appearing for respondents No.1 to 3 and Mr. N. Ashwani Kumar, learned Counsel appearing for respondent No.4. 2. The present writ petition in the nature of Public Interest Litigation is filed seeking the following relief: “….it is prayed that this Hon’ble Court may be pleased to issue any writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 4th respondent in issuing the continuation notification dated 15.02.2021 resuming the paused election programme vide notification dated 09.03.2020 for conducting the elections to the Municipal Corporations/Municipalities/Nagar Panchayats in the State of A.P., as illegal, arbitrary and violative of principles of natural justice and consequently, to direct the 4th respondent to issue fresh notification for conducting the elections to Municipal Corporations and Municipalities/Nagar Panchayats in the State of A.P., forthwith and to pass such other or further orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.” 3. In exercise of the powers conferred under Article 243-ZA of the Constitution of India, Sections 10-A and 10-B of the Andhra Pradesh Municipalities Act, 1965 and the Andhra Pradesh Municipalities (Conduct of Election of Members) Rules, 2005 issued thereunder [as amended vide G.O.Ms.No.118, Municipal Administration & Urban Development (G) Department, dated 04.03.2020], the State Election Commissioner had called upon the registered voters of the Municipalities and Nagar Panchayats specified in the Annexure appended thereto, to elect Members of their respective Wards and, also notified the programme for conduct of elections, vide notification No.79/SEC-F2/2020, dated 09.03.2020. The Election Programme as indicated in the said notification reads as under: 1 Display of Ward-wise Electoral Rolls by Election Officer under Rule 5of the said Rules 11.03.2020 (Wednesday) 2 Publication of Election Notice under Rule 6 of the said Rules by the Election Officer. 11.03.2020 (Wednesday) (From this date onwards, Nominations can be filed from 11:00 AM to 3:00 PM) 3 Last Date for receipt of Nominations 13.03.2020 (Friday) (Upto3:00PM) 4 Scrutiny of Nominations 14.03.2020 (Saturday) (From11:00AMonwards) 5 Last date for Withdrawal of Candidatures 16.03.2020 (Monday) (Notlaterthan3:00PM) 6 Date of Publication of List of Contesting Candidates. 11.03.2020 (Wednesday) (From this date onwards, Nominations can be filed from 11:00 AM to 3:00 PM) 3 Last Date for receipt of Nominations 13.03.2020 (Friday) (Upto3:00PM) 4 Scrutiny of Nominations 14.03.2020 (Saturday) (From11:00AMonwards) 5 Last date for Withdrawal of Candidatures 16.03.2020 (Monday) (Notlaterthan3:00PM) 6 Date of Publication of List of Contesting Candidates. 16.03.2020 (Monday) (After3:00PM) 7 Date of Poll 23.03.2020 (Monday) (From07:00AM to5:00 PM) 8 23.03.2020 (Monday) (From07:00AM to5:00 PM) 26.03.2020 (Thursday) (From 7:00 AM to 5:00 PM) 9 Date of Counting 27.03.2020 (Friday) (From8:00AMonwards) 4. By another notification No.76/SEC-F1/2020-1, dated 09.03.2020, in exercise of the powers conferred under Article 243-ZA of the Constitution of India, Section 24 of the Municipal Corporations Act, 1955 and Sections 11 and 14 of the Andhra Pradesh Municipal Corporations Act, 1994, the State Election Commissioner had called upon the registered voters in the Municipal Corporations of Vizianagaram, Eluru, Machilipatnam, Guntur, Ongole, Tirupathi, Chittoor, Kadapa, Kurnool and Anantapur, to elect Members of their respective Wards in accordance with the provisions of the said Acts and Andhra Pradesh Municipal Corporations (Conduct of Election of Members) Rules, 2005 made thereunder. 5. By another notification No.77/SEC-F1/2020-1, dated 09.03.2020, in exercise of the powers conferred under Article 243-ZA of the Constitution of India, Section 7 of the Visakhapatnam Municipal Corporation Act, 1979 and Section 24 of the Municipal Corporations Act, 1955, the State Election Commissioner had called upon the registered voters of Greater Visakhapatnam Municipal Corporation to elect Members of their respective Wards in accordance with the provisions of the said Acts and Andhra Pradesh Municipal Corporations (Conduct of Election of Members) Rules, 2005 made thereunder. 6. By Notification No.76/SEC-F1/2020-2, dated 09.03.2020, the State Election Commissioner fixed the appointed dates with respect to the said elections, in pursuance of Sections 11 and 14 of the Andhra Pradesh Municipal Corporations Act, 1994 read with Section 33 of the Municipal Corporations Act, 1955 (as amended vide A.P. Ordinance No.3 of 2020). 6. By Notification No.76/SEC-F1/2020-2, dated 09.03.2020, the State Election Commissioner fixed the appointed dates with respect to the said elections, in pursuance of Sections 11 and 14 of the Andhra Pradesh Municipal Corporations Act, 1994 read with Section 33 of the Municipal Corporations Act, 1955 (as amended vide A.P. Ordinance No.3 of 2020). The said notification reads as under: A 11.03.2020 (Wednesday) As the date for the issue of Public Notice by the Returning Officer under Section 35 of Municipal Corporations Act, 1955 (Nominations can be filed from this date from 11:00 AM to 3:00 PM) B 13.03.2020 (Friday) As the last date for making nominations (Up to 3:00 PM) C 14.03.2020 (Saturday) As the date for the Scrutiny of Nominations (From 11:00 AM onwards) D 16.03.2020 (Monday) As the last date for Withdrawal of Candidatures (Up to 3:00 PM) E 16.03.2020 (Monday) As the date of Publication of the Final List of Contesting Candidates (After 3:00 PM) F 23.03.2020 (Monday) As the date on which a Poll shall, if necessary, be taken (from 7:00 AM to 5:00 PM) G 26.03.2020 (Thursday) As the date on which a re-poll, if any, shall be taken (from 7:00 AM to 5:00 PM) H 27.03.2020 (Friday) As the date of counting (from 8:00 AM onwards) 7. Thereafter, the State Election Commission issued a notification dated 15.03.2020, relevant portion of which, reads as under: “Now, therefore, in exercise of powers conferred under Articles 243K and 243ZA of the Constitution of India, the State Election Commission, hereby, order that – 1) all further election process in connection with conduct of elections to MPTCs and ZPTCs in pursuance of State Election Commission’s Notification No.68/SEC-B1/2020, Dt. 07.03.2020 shall be stopped forthwith; 2) all further election process in connection with conduct of elections to Municipal Corporations, Municipalities and Nagar Panchayats in pursuance of State Election Commission’s Notification Nos.76/SEC-F1/2020-1 & 2, Dt.09.03.2020; 77/SECF1/2020-1 & 2, Dt.09.03.2020; 78/SEC-F1/2020-1 & 2, Dt. 09.03.2020; and 79/SEC-F2/2020, Dt.09.03.2020 shall be stopped forthwith; 3) the election process of MPTCs, ZPTCs and Urban Local Bodies will be continued after (6) weeks from now or after the threat of COVID-19 recedes, whichever is earlier; and 4) the schedules already announced for Gram Panchayat elections are kept in abeyance until further orders. 8. 09.03.2020; and 79/SEC-F2/2020, Dt.09.03.2020 shall be stopped forthwith; 3) the election process of MPTCs, ZPTCs and Urban Local Bodies will be continued after (6) weeks from now or after the threat of COVID-19 recedes, whichever is earlier; and 4) the schedules already announced for Gram Panchayat elections are kept in abeyance until further orders. 8. A perusal of the above notification dated 15.03.2020 will go to show that on due consideration of the emerging challenges posed by Corona Virus spread, the State Election Commission had taken a view that continuing with the election schedule may be detrimental and harmful for the public health at large and, accordingly, decided to exercise its plenary powers under Articles 243K and 243ZA of the Constitution of India, to put on hold the election process of Mandal Parishad Territorial Constituencies (MPTCs) and Zilla Parishad Territorial Constituencies (ZPTCs), Municipal Corporations, Municipalities and Nagar Panchayats with immediate effect for a period of (6) weeks or till the threat of spread of COVID-19 is arrested or declined and normalcy is restored facilitating public gatherings for conduct of elections. It was specifically stated therein that the election process will be continued from the stage where it is stopped in respect of MPTCs/ZPTCs and Urban Local Bodies. 9. The notification dated 15.03.2020 had fallen for consideration before the Hon’ble Supreme Court in W.P.(C ) No.437 of 2020 and the Hon’ble Supreme Court by order dated 18.03.2020 had declined to interfere with the decision of the Election Commissioner. It will be appropriate to extract relevant portions of the order of the Hon’ble Supreme Court as follows: “The petitioner –State of Andhra Pradesh has filed this writ petition challenging the action of the respondent – Andhra Pradesh State Election Commission (for short, the ‘Election Commission’) in issuing a Notification dated 15.03.2020 postponing the elections for the local bodies such as Panchayats and Municipal Bodies by six weeks or any other date on the ground of spread of Corona virus (COVID 19). We do not see any reason why this court should interfere with the decision of the respondent –Election commission to postpone the elections particularly since the postponement is due to possible outbreak of Corona virus (COVID 19) epidemic in the country. We therefore decline to interfere with the said decision of the Election Commission. We do not see any reason why this court should interfere with the decision of the respondent –Election commission to postpone the elections particularly since the postponement is due to possible outbreak of Corona virus (COVID 19) epidemic in the country. We therefore decline to interfere with the said decision of the Election Commission. ….We direct that since the Election Commission has already taken the decision to postpone the Elections, there shall be a post decisional consultation with the State of Andhra Pradesh before the next date is notified by the Election Commission. The Model Code of Conduct for the elections shall be reimposed four weeks before the date of polling. We further direct that the present development activities which have already been undertaken shall not be interrupted till the Model Code of Conduct is reimposed. However, if the State Government wishes to undertake any fresh developmental activities, they shall do so only with the prior permission of the respondent –Election Commission. In no circumstance, the State Government shall be prevented from taking necessary steps to curb the menace of Corona Virus (COVID 19) epidemic.” 10. The State Election Commission on 15.02.2021 issued notification No.578/SEC-F2/2021, stating therein that the State Election Commission, on review of the situation, had decided that the situation is conducive for resumption of paused election process of Urban Local Bodies from the stage where it was stopped on 15.03.2020. It was also stated therein that the election process was completed upto the stage of “Scrutiny of Nominations” on 14.03.2020. Accordingly, it was notified that the State Election Commission, in exercise of powers conferred under Article 243-ZA of the Constitution of India, resumes the election process from the stage of “Withdrawal of Candidature” in respect of the Municipalities/ Nagar Panchayats specified in the Annexure appended to the notification and called upon the registered voters of the Municipalities/Nagar Panchayats specified in the Annexure appended to the Notification, to elect Members of their respective Wards. The election programme was also notified, which is as follows: 1 Date of Commencement of Withdrawal of Candidature 02.03.2021 (Tuesday) (From 11:00 AM to 3:00 PM) 2 Last date for Withdrawal of Candidature 03.03.2021 (Wednesday) (Not later than 3:00 PM) 3 Date of Publication of List of Contesting Candidates 03.03.2021 (Wednesday) (After 3:00 PM) 4 Date of Poll 10.03.2021 (Wednesday) (From 7:00 AM to 5:00 PM) 5 Date of Re-poll, if any 13.03.2021 (Saturday) (From 7:00 AM to 5:00 PM) 6 Date of Counting 14.03.2021 (Sunday) (From 8:00 AM onwards) 11. In this petition, it is urged that the span of election programme has been reduced from 27 days to 15 days and the same being arbitrary, election process cannot be sustained. Such a plea is sought to be raised on the ground that the Election Commissioner had sent a letter to the Government on 06.09.2017 for taking a decision for reducing the span of election period from existing 27 days to 20 days by making necessary amendments. It is pleaded that without considering the said letter dated 06.09.2017, respondent No.1 issued a circular in Roc.No.13021/77/2017/D, dated 10.03.2020 reducing the span of election period from 27 days to 15 days. 12. The second ground canvassed is that in view of the gap between stoppage and resumption of election process, there may be instances where some candidates may have died or some candidates may not be any longer interested to be in the fray. That apart, fresh aspirants are not allowed to file their nominations. 13. 12. The second ground canvassed is that in view of the gap between stoppage and resumption of election process, there may be instances where some candidates may have died or some candidates may not be any longer interested to be in the fray. That apart, fresh aspirants are not allowed to file their nominations. 13. In so far as reduction of time span from 27 days to 15 days is concerned, it is pertinent to note that by Andhra Pradesh Municipal Laws (Amendment) Act, 2020, clauses (a), (b), (c) and (d) of Section 33 were substituted as follows: “(a) the last date for making nominations, which shall be not earlier than the third day and not later than the sixth day after the date of publication of the first mentioned notification under this section whether or not it is a public holiday; (b) the date for the scrutiny of nominations shall be the day immediately following the last date for making nominations whether or not it is a public holiday; (c) the last date for the withdrawal of candidatures shall be not earlier than the second day after the date for the scrutiny of nominations whether or not it is a public holiday; and (d) the date or dates on which a poll shall, if necessary, be taken which or the first of which shall be a date not earlier than the seventh day after the last date for the withdrawal of candidatures.” The gazette publication was made on 08.07.2020 and amendment was given retrospective with effect from 02.03.2020. The amended Act has not been put to challenge. Therefore, there is no merit in the contention of the learned counsel for the petitioner that the time span has been reduced from 27 days to 15 days without any basis. 14. In so far as the second contention is concerned, the same is concluded by the order of the Hon’ble Supreme Court dated 18.3.2020 in W.P. (C) No.437 of 2020. In the notification dated 15.03.2020 issued by the State Election Commissioner, it was specifically stated that the election process in respect of MPTCs/ZPTCs and Urban Local Bodies would be continued from the stage where it is stopped. In view of the order of the Hon’ble Supreme Court declining to interfere with the notification dated 15.03.2020, the contention of the learned counsel for the petitioner is without any merit. 15. In view of the order of the Hon’ble Supreme Court declining to interfere with the notification dated 15.03.2020, the contention of the learned counsel for the petitioner is without any merit. 15. In view of the discussion above, we are of the considered opinion that there is no merit in this Public Interest Litigation. Accordingly, the petition is dismissed. No costs. Pending miscellaneous applications, if any, shall stand dismissed.