P.C. (A.M. Khanwilkar, J.)

1. This Petition has been filed as Public Interest Litigation praying for direction against the Respondents to postpone the elections to the legislative Assembly of State of Maharashtra on the ground that it may not be possible to hold free and fair elections on account of the Pandemic of Swine Flu, which has set in the entire State of Maharashtra and in particular, city of Pune, which is severely affected.

2. According to the Petitioner, the virus generally known as Swine Flu has spread so extensively that the World Health Organization has officially declared it as a pandemic. Besides the said virus, the State is under severe drought-like situation as vast areas of the State of Maharashtra have received scanty rains during the monsoon period. It is asserted that the impact of Pandemic of Swine Flu is quite severe and there is possibility of its increase and escalation, which may impact substantial number of voter population who are expected to participate in the election process, may render the ensuing election process a mere formality and not a free and fair election as such. According to the Petitioner, he has already made representation to