The Election Commission has the power to adjust its decision to the realities of the situation and to defer the election process in extraordinary circumstances.

JUDGMENT :

Arun Bhansali, J.

1. These writ petitions have been filed by the petitioners aggrieved against the order dated 9.1.2020 issued by the Election Commission of Rajasthan, order dated 24.1.2020 issued by the Additional Chief Secretary, Rural Development and Panchayati Raj Department and consequential action by the respondents in redrawing the lottery and determination of reservation for holding elections to the Panchayati Raj Institutions. Further direction has been sought to the Election Commission to conduct the elections as per the programme issued by it on 26/12/2019.

2. The facts, though relate to a short span of time, however, are chequered. The Government of Rajasthan issued a notification for delimitation of panchayat circles on 12/6/2019 and revised guidelines were issued on 19/6/2019. Pursuant thereto, a notification dated 15/11/2019 was issued reconstituting the Gram Panchayats while exercising power under Section 101 of the Rajasthan Panchayati Raj Act, 1994 ('the Act, 1994'). Pursuant thereto, the exercise as envisaged under Rule 4 of the Rajasthan Panchayati Raj (Election) Rules, 1994 ('the Rules, 1994') was undertaken, which was followed by the exercise pertaining to reservation of seats for Schedule Castes/Schedule Tribe and Other Backward Classes and Women under Rules 5 and 6 of the Rules, 1994. The Election Commission issued notification dated 26/12/2019 declaring the programme of election of Sarpanch and Panch, whereby, the elections were to be held in three phases and on 4.1.2020 programme was issued for 4th phase. The election process was to be initiated on 7/1/2020, 11/1/2020 and 18/1/2020 for first three phases, respectively. At this stage, it would be relevant to notice that after publication of notification dated 15/16.11.2019 under Section 101 of the Act, 1994, as noticed hereinbefore, further notifications were issued exercising power under Section 101 of the Act on 23.11.2019, 1/2.12.2019 and 12.12.2019. The entire delimitation exercise came to be challenged by filing various writ petitions and by judgment led by Jai Singh vs. State of Rajasthan & Ors. : D.B. Civil Writ Petition No. 17993/2019 decided on 13/12/2019, the Division Bench quashed and set aside the notifications issued subsequent to the notification dated 15/16.11.2019 except for the notifications which were purely rectifying the typographical errors.

3. Apparently, the exercise was undertaken by the State for drawing lottery for reservation, in terms of the status based on the judgment in the case of Jai Singh (supra) i.e. delimitation of constituencies based on notification dated 15/16.11.2019 only.

4. Qua the first phase of elections, public notice under Rule 23 read with Rule 56 of the Rules, 1994 was issued on 7/1/2020 providing that nomination forms could be presented on 8/1/2020 between 10.30 am to 4.30 pm, the nomination forms were to be scrutinized on 9/1/2020 from 10.30 am and the last date for withdrawal of the nomination was 9/1/2010 upto 3.00 pm. The allotment of election symbols and list of contesting candidates was to be issued on 9/1/2020 immediately at the end of time for withdrawal of nomination and polling, if required, was to take place on 17/1/2020 between 8.00 am to 5.00 pm. Pursuant to the said programme, in all the constituencies, which are subject matter of present writ petitions, the nomination forms were filled in by the candidates on 8/1/2020.

5. However, in a Special Leave Petition filed by the State Government against the judgment in the case of Jai Singh (supra), the Hon'ble Supreme Court on 8/1/2020 stayed the operation of judgment dated 13/12/2019. The Election Commission in midst of election process, on 9/1/2020 noticing the fact of grant of interim order by Hon'ble Supreme Court directed that only in Panchayat Samities indicated in Schedule 'A' the elections be held as per the scheduled programme and for rest of the Panchayat Samities, it was directed that the nomination forms etc. be placed in a seale