Allahabad High Court declines to entertain PIL seeking postponement of UP Elections

The Allahabad High Court on Thursday refused to entertain a public interest litigation (PIL) which sought postponement of the upcoming Uttar Pradesh assembly elections in view of rising COVID-19 cases in the State..The Division Bench of Justices Attau Rahman Masoodi and Narendra Kumar Johari refused to entertain the PIL after hearing the arguments and said that the reasons for the same shall be recorded later..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 was contended that the Election Commission's decision to hold elections in February-March 2022 was unreasonable and that the elections should be held in April-May instead..Pertinently, it was also pointed out that the elections are proposed to be held before the expiry of the tenure of the present assembly. Uttar Pradesh goes to the 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 highlighted.The petition said that as per Section 15 of the Representation of People Act of 1951, elections can be held before the expiry of the assembly only as an exception."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. As an 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 petition stated..The petitioners also highlighted how the UP Panchayat polls and the West Bengal assembly elections in 2021 had led to a surge in COVID-19 cases."Because, there is reasonable possibility as has happen earlier at Panchayat elections in UP in 2021 and West Bengal Assembly elections 2021 led to sharp rise and spreading of COVID-19 cases across the State and Nation," it was submitted..In December last year, the Court had requested Prime Minister Narendra Modi and the Election Commission of India to explore the option of postponing the upcoming UP elections in view of rising COVID-19 cases..[BREAKING] Consider postponing UP elections: Allahabad High Court to Election Commission, PM Modi