We are not lawmakers, can't curtail terms of assemblies: Delhi High Court refuses plea for simultaneous conduct of elections

The Delhi High Court on Monday refused to pass directions to conduct elections to the Lok Sabha, the legislative assembly and local bodies simultaneously..A Division Bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad said that the issue is for lawmakers to decide, and that the Court will not curtail the terms of the assemblies. The Court was dealing with a Public Interest Litigation (PIL) filed by BJP leader Ashwini Upadhyay. After examining the plea and the prayers sought, the Bench said that the petition was effectively asking the Court to frame law, which was outside its domain. "It is the domain of the Election Commission. We know our limitations. We are not lawmakers, we ensure compliance of law... We are not going to pass such mandamus," Chief Justice Sharma said. The Court also refused to pass any directions regarding conduct of elections on Saturdays, Sundays or holidays, remarking that this too falls under the Election Commission's domain..Advocate Sidhant Kumar appeared for the Election Commission of India (ECI) and said that it was for Parliament to consider amendments to the Constitution and the Representation of the People Act, for simultaneous elections to be conducted in the country.Kumar also objected to Upadhyay's prayer to conduct elections on weekends or holidays, stating that a Constitution Bench of the Supreme Court has already held that the schedule of elections is the sole discretion of the ECI. .Upadhyay said that the ECI should at least start a dialogue with the national parties on the issue. However, the Bench said that it will not pass any directions on this aspect either. The petitioner then asked the Court to let his petition be treated as representation. The Court passed the direction for the same, ordering,“Petition stands disposed of with the directions to the respondents to consider it as representation.".In his plea, Upadhyay had argued that conducting the elections simultaneously will save public money and reduce the burden on the security forces and public administration. This will also ensure timely implementation of government policies and control election paralysis, the plea said.It stated that since the year 1977, the expenditure on elections has been on an upward climb, and holding elections at the same time will cost much less. "The imposition of the model code of conduct delays implementation of central and state government projects and welfare schemes and takes away time and effort from governance issues... Law Commission of India in its 170th Report on Reform of Electoral Laws (1999) has suggested simultaneous elections to Lok Sabha and State Legislative. Assemblies for the sake of stability in governance. But the Centre and ECI did not take appropriate steps," the plea said. .Upadhyay said that the elections to assemblies whose terms are expiring in 2023 and 2024 may be brought together with the 2024 Lok Sabha Election by curtailing and extending the tenure of various assemblies. "Since, most of these States are ruled by the [National Democratic Alliance] NDA, the consensus would emerge without much difficulty. This will result in simultaneous assembly elections of 16 States with General Elections 2024.".The plea, therefore, demanded that the Election Commission be directed to ascertain the feasibility of conducting the elections together. It also sought a direction that ECI should ascertain the feasibility of conducting elections on Saturdays, Sundays or any holiday to save the time of schools, colleges, universities and other organisations. .Simultaneous Elections ideal and desirable, but more deliberation needed: Law Commission