JUDGMENT :

1. By this petition a direction has been sought to the respondents to cancel/modify/amend the notification dated 28th of December, 2021 whereby the dates of election of four Municipal Corporations, namely Siliguri Municipal Corporation, Chandernagore Municipal Corporation, Bidhannagar Municipal Corporation and Asansol Municipal Corporation have been notified as 22nd of January, 2022.

2. The applicant has sought postponement of the dates of the elections of above Municipal Corporations on the plea that the State of West Bengal has been hit with 3rd the wave of COVID 19 Pandemic and that on December 27, 2021 there were only 439 COVID 19 positive cases which have leapfrogged to 6153 cases on January 2nd, 2022. The positivity rate at the time of filing 1st of the petition on January, 2022 was 15.93. Considering the current pandemic situation in the State, an apprehension has been expressed that life of the residents of the State will be put to threat if the elections are held wherein large gatherings and mass procession is imminent. A plea has been raised that in these Municipal Corporations administrators have already been appointed, therefore, deferment of the elections for short period can be done and that the experience during the recent Kolkata Municipal Elections was not good since the cases of COVID infected persons have risen thereafter.

3. On the direction of this Court dated 11.01.2022 the State has filed the communication dated 13th of January, 2022 sent by the Additional Secretary to the Government Pleader about COVID situation and the State Election Commission has also filed the affidavit dated 13th January, 2022 disclosing the measures which will be taken for holding the elections in spite of spread of COVID virus.

4. Submission of the learned Counsel for the appellant is that considering the prevailing COVID situation in the State, the elections of the aforesaid four Municipal Corporations should be deferred for four to six weeks and they should be held once the situation is improved. He has submitted that the COVID cases in the State are increasing at an alarming rate, therefore, the Election Commission should take an independent decision to defer the dates of elections and a direction be issued to the Election Commission by this Court in this regard.

5. Learned Counsel for the Election Commission has referred to Section 8 of the West Bengal State Election Commission Act, 1994 and has submitted that the Election Commission can defer the date of election only in consultation with the State. He has further referred to the various measures which have been indicated in the affidavit of the Election Commission and has submitted that proper steps have already been taken for holding the elections.

6. Learned Counsel for the State has taken the stand that it is within the exclusive jurisdiction of the Election commission to defer the date of elections.

7. Responding to the query put by this Court learned Counsel for the Election Commission has stated that the Election Commission does not have the power to defer the elections once notified unless the State requires it to defer under the Disaster and Management Act.

8. We have heard the learned Counsel for the parties and perused the records. The petitioner has placed on record material showing that COVID infection cases are increasing in the State at a rapid speed and the COVID 19 Pandemic situation is not good. It has been disclosed that on 9th January, 2022 West Bengal had seen the highest number of daily recorded cases of 24287 and district of North 24 Parganas and Hooghly had recorded 5053 and 1276 cases. Along with that affidavit in reply the petitioners have enclosed the health bulletin issued by the State and other material showing high positivity rate and large number COVID infected persons in the State.

9. Under Article 243-ZA of the constitution the State Election Commission is vested with powers in respect of conduct of elections to Municipal