Lawstreet Journal

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

Lawstreet Journal 24 Aug 2020 9:55pm

Image courtesy: Lawstreet Journal Judiciary 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… Continue Reading...

Tagged: Supreme Court of India   bihar  
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