PIL in Allahabad High Court seeking Postponement of UP Assembly Elections 2022 Citing COVID-19 Surge.
(Judicial Quest News Network)
A public Interest Litigation (PIL) has been moved before the Allahabad High Court seeking postponement of the upcoming Uttar Pradesh (UP) assembly elections in view of rising COVID-19 cases.
While seeking a direction to the Election Commission of “Bharat” to hold the said elections in April and May 2022 (rather than February and March 2022) the petitioner has also prayed for quashing of the election schedule fixed by the Election Commission.
The Plea said that the Election Commission’s decision to hold election in February March 2022 is unreasonable and prayed that the said decision of the poll body be quashed and the elections be held in April-May instead.
The petitioner has submitted that at present the whole Uttar Pradesh in under cold wave. The visibility at the night is generally very poor. Even during day hours, the visibility is low and this climatic condition is likely to continue till mid of February. Apart from this the third wave of CORONA is at the peak as the result of which the government has been compelled to impose night curfew between 10PM to 6 AM and so the submission is that the election commission exceeded its authority in fixing the election schedule.
The plea moved by one Atul Kumar and some other individuals through Advocate Ashok Pandey, submitted that there was no application of mind on the part of the Election Commission in deciding the dates for the polls.
It contended that the petitioners are desirous of contesting the polls but might not be able to do so due to the pandemic ’Hence, a direction was sought to postpone the schedule to April-May.
The further submitted that section 15 of the representation of People Act, 1951 provides for the election on the expiration of the duration of the term of the Assembly or when the Assembly has been dissolved.
Only in the Proviso to Section 15, there is the provision of holding elections prior to the dissolution of the Assembly.
It is therefore necessary to note that a proviso can not take over substantive provision to which it is a proviso. Ordinarily, the election is to be held when the term of the existing Assembly has come to an end or it has been dissolved.
Only in the Proviso to section 15, there is the provision of holding elections prior to the dissolution of the Assembly. It is therefore necessary to note that a proviso can take over substantive provision to which it is a proviso.
Ordinarily, the election is to be held when the term of the existing Assembly has come to an end or it has been dissolved.
As an exception, it can be held something within the period of six months prior to the term of exception, it can be held sometimes within the period of six months prior to the term of existing Assembly has come to an end the PIL state as it emphasizes that the state assembly has yet not been dissolved and its tenure is up May 14, 2022.
The PIL also contends that the term of the existing Assembly of Uttar Pradesh is up to May 2022 and therefore, to initiate the process of the election when the third wave of COVID-19 is in full swing, and to get it completed before more than two months prior to the term of assembly is coming to an end, is the highly unreasonable, unjust and improper decision of the Election Commission and is violative of fundamental rights guaranteed under Article 14 and 21 of Constitution.
The PIL also hints toward the further spread of COVID if elections are held as it happening during the UP-Panchayat Polls and West Bengal Assembly elections 2021.
Uttar Pradesh goes to polls in seven phases from February 10 to March 7 this year, while the term of the present Assembly is up to May 15, 2022, the plea the plea highlighted.
The petitioner also highlighted how the UP-Panchayat polls and the West Bengal Assembly elections in2021, had led to the surge in COVID-19 cases.
The Petitioner also contended in the plea that in case the election is not postponed, the persons who are going to attain a majority in January, February and March will not be able to get their name included in the voter list and cast their votes in the election.
“It is also illegal for the reason that in the election schedule, the election commission nowhere says the reason why election is being held when the term of existing Assembly is yet to expire and it has not been dissolved there was no constitutional requirement of completing the UP Legislative Assembly election in first half of March rather it could have deferred for two-three months and process could have been initiated in April and May and after holding the elections, the counting of votes could have been done in May” the PIL states.
