Point of law: Article 243-K(3) also recognises the independent status of the State Election Commission. It states that upon a request made in that behalf the Governor shall make available to the State Election Commission "such staff as may be necessary for the discharge of the functions conferred on the State Election Commission by clause (1)".

JUDGMENT :

Arup Kumar Goswami, J.

1. This writ appeal is presented under Clause 15 of the Letters Patent against an interim order dated 11.01.2021 passed by a learned single Judge in W.P. No. 1158 of 2021.

2. In the aforesaid writ petition, the following prayer was made:

"It is therefore prayed that this Hon'ble Court may be pleased to issue writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 1st respondent in declaring the schedule of elections for the local bodies vide the proceedings No. 513/SEC-B2/2020 dt. 08.01.2021, and imposing the model code of conduct and the consequential proceedings banning transfers vide proceedings No. 04/SEC-B2/2021 dated 08.01.2021, as arbitrary and illegal vitiated by consideration of material extraneous to record, arbitrary and irrational rejection of the views of the Government and on surmises, conjectures and assumptions, vitiated by malice in law and thus offending Article 14 of the Constitution of India and issue a consequential direction to the respondent No. 1 to forbear from proceeding further with the proposed election process to the local bodies, in pursuance of the impugned proceedings dt. 08.01.2021 and pass such other order or orders as are deemed fit and proper in the circumstances of the case."

3. A detailed order dated 08.01.2021, impugned in the writ petition, was passed by the State Election Commissioner seeking to justify holding of elections to the Gram Panchayats in view of the request made by the State Government for postponement of the elections. A schedule for holding ordinary elections to the Gram Panchayats in four phases was also published in terms of which Election Notification is to be issued for Phase-I on 23.01.2021, for phase-II on 27.01.2021, for Phase-III on 31.01.2021 and for Phase-IV on 04.02.2021. Conduct of poll, wherever necessary, was fixed on 05.02.2021, 09.02.2021, 13.02.2021 and 17.02.2021, for Phases I, II, III and IV, respectively. It is stated at the bar that elections to the Gram Panchayats are not contested on party basis.

4. At the very outset, it will be appropriate to extract the order dated 11.01.2021 passed by the learned single Judge, which is as follows:

"Notice before admission.

Sri N. Ashwani Kumar, learned Standing Counsel takes notice for the 1st and 2nd respondents and Sri N. Harinath, learned Assistant Solicitor General of India takes notice for the 3rd and 4th respondents.

Waives further notice and seeks time to file counters.

Heard Sri Sriram, learned Advocate General for the petitioner and Sri N. Ashwani Kumar, learned Standing Counsel and Sri N. Harinath, learned Assistant Solicitor General of India.

Having carefully considered the peculiar facts and circumstances of the case and considering the submissions of the counsel, perused the record, this court prima facie came to the conclusion that the 1st respondent issued the impugned order without preceded by any pragmatic decision, based on the decisional consultation with the state government as per the orders of the Hon'ble Supreme Court passed in Writ Petition (Civil) No. 437 of 2020 and orders of this Court in Writ Petition No. 22900 of 2020. The 1st respondent failed to consider the inputs supplied by the 1st respondent-government objectively, in its proper perspective. This court, in its considered opinion found that the impugned decision of the 1st respondent is violative of Article 14 and 21 of the Constitution of India. The 1st respondent decision to conduct elections certainly hampers and create hindrance to mammoth vaccination programme taken up by the Union of India and has to be implemented by the State Government to contain the Covid-19 and its mutation and the interest of public health, the impugned orders are hereby suspended.

Post on 15.02.2021."

5. The aforesaid writ petition was taken up for consideration by the Vacation Court on 11.01.2021. It is pertinent to mention that the High Court of Andhra Pradesh was having Sank