Bihar is the first state to go to the polls during the Covid-19 pandemic and amid preparations being made by the Electoral Commission (EC) to hold elections in two months, the Supreme Court on Friday dismissed the first sign of resistance to the EC decision.
A three-judge bench headed by Judge Ashok Bhushan dismissed a PIL submitted by a Muzaffarpur resident, Avinash Thakur, who was seeking a postponement of the Assembly elections scheduled for October this year.
Noting the growing number of Covid-19 cases in the state and the flooding that has displaced thousands of residents in 14 districts of northern Bihar, the petition stated that, at present, the health of citizens must be the primary consideration. of the state authorities.
The petition cited a news clipping from August 12 where the Chief Elections Commissioner was quoted as saying that the elections to the 243-member Assembly in Bihar will take place as scheduled.
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The bank observed, “The Electoral Commission will deal with each situation. They must be considering everything. ”
The petitioner’s lawyer, Neeraj Shekhar, said that the People’s Representation Law empowers the EC to postpone the elections. He asked the Court to request a report from the EC or state authorities to assess the situation on the ground. He stated that there is currently a ban on any political, social or cultural gathering in the state due to the pandemic.
“Politicians and the administration are focusing on the preparation of the elections rather than fighting the floods and Covid-19,” the petitioner told the court. Shekhar urged the Court to consider the situation on the ground and order the EC not to ask the state government to recommend holding elections for the assembly.
The bank, which also includes Justices R Subhash Reddy and MR Shah, said: “We cannot interfere with the election process. What you suggest cannot be a reason to stop the elections. This type of request under article 32 cannot be admitted ”.
The petitioner decided to withdraw his allegation. Shekhar made a final request to transfer representation to the EC in this regard. The court said that this right was available to the petitioner even in another way and refused to approve any instructions in that regard.
Political parties in the state are divided over holding elections during the pandemic. Some political parties, such as the Rashtriya Janata Dal (RJD), the Lok Janshakti Party (LJP) have requested the postponement of the polls. Left parties have also supported this demand. However, the ruling combination of Janata Dal (United) and Bhartiya Janata Party (BJP) are happy to go ahead with the elections.
The EC is preparing for the polls, although the dates have yet to be announced. Recently, the survey panel published guidelines for conducting surveys in Bihar that provide the “latest survey hour” to allow Covid-19 patients. Those suspected of having the disease will also have the opportunity to cast their vote in the respective polling stations.
The EC has only allowed the presence of 1,000 voters at each polling station. All voters will undergo temperature controls and the use of a mask will be mandatory. The EC guidelines further establish that the electoral candidate’s convoy will have only five cars. Three people will be allowed to conduct a door-to-door campaign.
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