2020 Supreme(Pat) 167

IN THE HIGH COURT OF JUDICATURE AT PATNA
Sanjay Karol, S. Kumar, JJ.
Badri Narayan Singh - Appellant
Versus
Ministry Of Home Affairs (mha) Government Of India - Respondent
Civil Writ Jurisdiction Case No. 7206 of 2020, 7294 of 2020
Decided On : 07-09-2020

Headnote:

Constitution of India – Articles 226 and 329 read with Articles 19(1)(a) and 324 – Petitioners seeking direction to postpone/ defer upcoming assembly elections to be held in State of Bihar in 2020 and/or restrain Election Commission from notifying date for assembly election till further order of this Court because of prevailing Pandemic Covic-19, corona-virus disease in State of Bihar – Increase in number of cases may be attributed to increase in testing in State – There is nothing to show that Election Commission is refusing to take stock of corona virus situation in the State – State Election Commission have categorically assured Court that guidelines/SOPs formulated for conduct of elections are done keeping in view prevailing Covid-19 pandemic and that every possible decision being explored is taken into account only after analyzing all factors relating to conduct of elections – There is nothing to show that Election Commission is failing to take responsibility/possibility of spread of disease – Petitioner's assessment of increase in spread of the disease and increased loss of lives is completely unsubstantiated – There is nothing to show that development schemes would cease on announcement of elections – There is nothing on record to substantiate claim that 'less than 50%' of persons would come out for voting or that 'no more than 30%' would be allowed to vote while following social distancing guidelines – Assertion that elections during prevailing disease would be a mockery of democracy is utterly and completely unsubstantiated – Also, no mala fides stand alleged – Free and fair elections are fundamental right of every citizen of this country – Voters have fundamental right to know and have information on antecedents of candidates – There is nothing on record to show that Election Commission is/ would be unable to ascertain these fundamental rights to voters – Election Commission has exclusive authority with respect to framing laws regarding conduct of elections and where there is no law to cope with some situation within enacted rules, Commission has plenary powers to exercise their discretion – Only Election Commission and not this Court who has authority to decide upon date and schedule for State Assembly Elections. (Paras 4, 5, 8, 10 and 12)

Corona Pandemic – Constitution of India – Articles 226 and 329 – Petitioners seeking direction to postpone/ defer upcoming assembly elections to be held in State of Bihar in 2020 and/or restrain Election Commission from notifying date for assembly election till further order of this Court because of prevailing Pandemic Covid-19, corona-virus disease in State of Bihar – Article 329 bars interference of Courts in 'elections' starting from notification of elections till their conclusion – However, High Courts in exercise of its powers under Article 226 of Constitution should not pass any orders which have tendency or effect of postponing an election, even where they may not be expressly barred from doing so under Article 329 of Constitution – Article 329 bars interference of Courts in electoral matters – However, Election Commission must not be allowed to act mindlessly, malafide or arbitrarily – Presumption of courts would always be existence of bona fides in discharge of constitutional and statutory functions and until that presumption is displaced – Although commission has exclusive supervision of conduct of elections and that there is a bar on courts in interference in election matters which even otherwise courts must refrain themselves from interference that would have effect of postponing elections, Courts are still adequately armed with power of review in cases where decisions of tribunal are malafide, arbitrary or capricious or mindless – There is no assertion of either malafide or arbitrary/mindless actions on part of Election Commission – Even if they are made, there is nothing on record to show that Commission is acting as such – Commission have given assurance that they are constantly monitoring Covid-19 situation on the ground – Guidelines/SOPs have been released by CEC, especially for conduct of elections during pandemic – No reason to question bonafides of actions of Commission at this stage – Once elections are concluded and results declared, election can be challenged before Commission by way of Election Petition under RP Act – Anything done towards completing or in furtherance of election proceedings cannot be described as questioning election – Writ petitions dismissed. (Paras 24, 27, 28, 31, 33 and 38)