Judicial interference in election processes is limited, with policy matters generally left to the executive to balance public health against electoral rights.

JUDGMENT

Rajiv Sahai Endlaw, J. The letter/representation dated 7th April, 2021 of the petitioners to Hon'ble the Chief Justice of this Court has been directed to be registered and listed as a writ petition and has come up for consideration today.

2. The said letter, with the subject

"Representation for putting on hold the process of elections of the members of Delhi Sikh Gurudwara Management Committee being conducted by Govt. of NCT of Delhi in view of the recent unprecedented spike of corona cases in the National Capital Territory of Delhi"

states, (i) that the petitioners Jagmohan Singh and Manjeet Singh Chugh are voters in the Voter List maintained by the Directorate of Gurdwara Elections, a body under the respondent Government of National Capital Territory of Delhi (GNCTD) and responsible for the conduct of elections of the members of Delhi Sikh Gurdwara Management Committee (DSGMC), a body constituted under the Delhi Sikh Gurdwara Act, 1971; (ii) that the elections of the members of DSGMC are conducted once every four years; (iii) that on 31st March, 2021, the Directorate of Gurdwara Elections, GNCTD has issued a notification, for the conduct of the elections of the members of DSGMC, on 25th April, 2021; (iv) that the process of filing of nominations of the candidates started on 1st April, 2021 and is to continue till 7th April, 2021; (v) that the cases of Covid-19 Virus are on the rise in Delhi with the numbers doubling every six days; on 28th March, 2021, there were 1881 cases in Delhi and the same have risen to more than 5000 cases on 6th April, 2021; (vi) that the leading Doctors in the city have stated on national television, that in case the cases continue to rise at the same rate, Delhi will have 15000 cases per day; (vii) that the situation is grim and it is evident that there is no adherence to the Covid-19 norms and the appropriate behaviour is not being maintained by the population in the city; (viii) that during the election meetings held by various parties and their candidates, it has been seen that neither the candidates nor the voters attending such gatherings/meetings are complying with the Covid-19 appropriate behaviour of masking and social distancing; hundreds of people are gathering in public meetings and most of those present do not wear any mask and do not maintain any kind of social distancing; (ix) that it has been observed in the past, that on the election day, people gather on the polling booths and also on the counters/tables maintained by the contesting candidates; (x) that since it is an election pertaining to a particular community and not a General Election of any Municipal Corporation or Assembly, in case any super spreader event occurs, the entire burden shall be put on the community, bringing a bad name to the community at large; (xi) that by permitting and conducting the elections at a time when the Covid-19 cases are on a steep and unprecedented rise, GNCTD is giving tacit consent to the spread of the virus, as no Guidelines or norms have been laid down to conduct the elections, so that the Covid-19 virus is put to minimum risk of spread; (xii) that in the past also, elections of the DSGMC have not been conducted on time and the existing body has continued beyond its tenure; similarly, the existing body of DSGMC can continue to function for another few months, keeping in mind the Covid-19 pandemic and its high rate of infectivity; and, (xiii) that respondent GNCTD is not doing its duty, to safeguard the life and health of its citizens. Accordingly, relief of postponement of the electi