38.6c New Delhi, India, Friday, March 29, 2024
Judiciary

Plea in SC for directions to defer Bihar Polls till State is declared free of COVID-19 and Floods

By LAWSTREET NEWS NETWORK      24 August, 2020 04:25 PM      0 Comments
Plea in SC for directions to defer Bihar Polls till State is declared free of COVID-19 and Floods

A petition has been filed through Advocate Shantanu Sagar by Rajesh Kumar Jaiswal, a resident of Bihar before the Supreme Court praying for a direction to the Election Commission of India (ECI) to not recommend the holding of polls in Bihar till the State is declared free of COVID-19 and floods (Rajesh Kumar Jaiswal v. Chief Election Commissioner and ors). According to the petitioner, looking at the current circumstances it is extremely hazardous for the candidates to indulge in such mass gathering for elections.

It was argued that, at a time like this, the upcoming assembly elections will jeopardize the interests of the people of the State as well as affect their right to vote. On August 11, the Chief Election Commissioner had announced that the Bihar election will be held as per schedule ignoring the fact that Bihar is grappling under the COVID-19 and floods.

In doing so, the petitioner has raised a certain question of law for the consideration of the court. These include whether the powers of the ECI under Article 324 of the Constitution also comprises the power to set a schedule for the election or if it is the President or the Governor that decides the schedule for polls after the ECI's recommendation and whether under section 14 and 15 of the Representations of the people’s Act, 1951, the president or the governor fixes the date or dates for holding elections on the recommendation of the election commission, which is in its exclusive domain?

The ECI's purported lack of awareness of the severe conditions in the State owing to the pandemic and the calamity is also questioned by the petitioner. He has raised concern if the ECI is unaware that restrictions and prohibitions on large gatherings across the nation due to COVID-19 are sure to affect the process of free and fair elections. The State elections are, as of now, expected to be held in October this year to elect as many as 243 members to the State's Legislative Assembly.

The petition highlights that the State of Bihar is already battling a strenuous situation. Therefore, the holding of State polls will further burden the administration and divert the current dispensation's focus from the State's administration to preparing for elections.

14 out of 38 total districts in Bihar are reeling under the floods and many people from these areas have been put up in relief camps. This adds to the threat of the spread of illnesses including, more importantly, the spread of the coronavirus. The COVID-19 cases in Bihar are rising on a daily basis, the petition further adds, while painting a dire picture of the situation in the State. The Election Commission has not yet taken a final call on poll dates in Bihar due to coronavirus and sought suggestions from political parties. On Friday, the Election Commission has approved broad guidelines for the conduct of general elections and by polls during the COVID-19 period under which candidates will have the option to fill the nomination form and affidavit and deposit security amount online and five persons including candidate will be allowed for the door-to-door campaign. The revised norms issued ahead of assembly polls in Bihar which may be held later this year.



Share this article:

About:

Explore Comprehensive Legal Reporting with LawStreet Journal: Your Go-To Source for Supreme Court an...Read more

Follow:
TwitterLinkedinInstagram


Leave a feedback about this
TRENDING NEWS

arvind-kejriwals-plea-for-interim-release-rejected-by-delhi-high-court
Trending Judiciary
Arvind Kejriwal's plea for interim release rejected by Delhi High Court [Read Order]

Delhi High Court rejects Arvind Kejriwal's plea for interim release in money laundering case related to liquor policy scam, pending ED's response.

28 March, 2024 10:50 AM
youtuber-strings-plea-against-youtube-accounts-suspension-andhra-pradesh-hc-issues-notice-to-centre-google
Trending Top Stories
BREAKING: Youtuber String’s plea against Youtube accounts suspension: Andhra Pradesh HC issues notice to Centre, Google

Andhra Pradesh High Court issues notice to the Centre and Google LLC on Youtube journalist String’s plea against suspension of its accounts by Google (which owns Youtube).

28 March, 2024 11:26 AM

TOP STORIES

delhi-liquor-scam-court-remands-arvind-kejriwal-to-ed-custody-till-march-28-read-remand-application
Trending Judiciary
Delhi liquor scam: Court remands Arvind Kejriwal to ED custody till March 28 [Read Order]

Delhi liquor scam: Arvind Kejriwal remanded to ED custody till March 28. Court grants agency permission for interrogation in liquor policy case.

23 March, 2024 11:53 AM
sc-dismisses-centres-plea-for-review-of-judgment-directing-ed-to-furnish-written-grounds-of-arrest-to-pmla-accused
Trending Judiciary
SC dismisses Centre’s plea for review of judgment directing ED to furnish written grounds of arrest to PMLA accused [Read Order]

Supreme Court dismisses Centre's plea, upholds judgment mandating Enforcement Directorate to provide written grounds of arrest in PMLA cases.

23 March, 2024 03:14 PM
kerala-hc-to-hear-lesbian-couples-plea-against-forced-conversion-therapy-on-april-9
Trending Judiciary
Kerala HC to hear lesbian couple’s plea against forced conversion therapy on April 9

Kerala HC will hear a lesbian couple’s plea highlighting that one of them was subjected to forced conversion therapy.

23 March, 2024 03:30 PM
how-can-people-be-compelled-to-vote-madras-hc-asks
Trending Judiciary
“How can people be compelled to vote? Madras HC asks

“How can people be compelled to vote?”, the Madras HC queried in a plea asking employers in Tamil Nadu to demand proof from employees of having voted on polling day.

23 March, 2024 05:04 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email