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2021 Supreme(MP) 815
High Court of Madhya Pradesh
Mohammad Rafiq, C. J., Atul Sreedharan, J.
PHOOL CHAND PALIWAL & ORS. - APPELLANTS
Versus
UNION OF INDIA & ORS. - RESPONDENTS
W. P. No. 8755 of 2021
Decided On : 26-04-2021
For Appellant : Phool Chand Paliwal, Umesh Trivedi
For Respondent: J. K. Jain, P. K. Kaurav
The judgment emphasized the powers of the Election Commission under Article 324 and the limitations on court interference during the election process.
Headnote:
Election Commission - Covid-19 Protocol - Article 324, Article 329(b) - The court discussed the powers of the Election Commission under Article 324 of the Constitution of India and the interpretation of Article 329(b) in relation to questioning elections. The court highlighted the non-obstante clause under Article 329 and its implications on the jurisdiction of the court in election disputes. The judgment of Mohinder Singh Gill and another vs. Chief Election Commissioner, New Delhi and others, AIR 1978 SC 851 was referenced to emphasize the scope of the election process and the limitations on court interference during the process of election.
Fact of the Case:
The petitioners sought action against the Election Commission for conducting elections during the second wave of Covid-19 and for not preventing the spread of the virus. They also argued that the election process should be nullified due to illegalities.
Finding of the Court:
The court found that the judgment of Mohinder Singh Gill did not apply to the present situation and that the court should not entertain disputes regarding elections in other states based on the travel of political leaders. The court directed strict adherence to Covid-19 guidelines during the counting process and refused to entertain the petition on the aspect of the Covid-19 situation in the state.
Issues: The issues included the conduct of elections during the Covid-19 pandemic, nullification of the election process, and the jurisdiction of the court in election disputes.
Ratio Decidendi: The court emphasized the powers of the Election Commission under Article 324 and the limitations on court interference during the election process. It also highlighted the non-obstante clause under Article 329 and its implications on the jurisdiction of the court in election disputes.
Final Decision: The writ petition was disposed of with directions to ensure adherence to Covid-19 guidelines during the counting process. No costs were awarded.
ORDER/JUDGMENT – Heard through Video Conferencing. Petitioners – Shri Phool Chand Paliwal and Shri Umesh Trivedi, Advocates appeared in person through video conferencing.
Mr. J. K. Jain, Assistant Solicitor General for the respondent No. 1-Union of India.
Mr. P. K. Kaurav, Advocate General for the respondent No. 2-State.
Mr. Siddharth Seth, Advocate for the respondent Nos. 3 and 4-Election Commission of India and State Election Commission, M. P.
2. The petitioners have submitted that action be taken against the Election Commission of India and State Election Commissions for conducting elections for the Legislative Assembly of Damoh (Madhya Pradesh) and so also for conducting elections for the State Legislative Assemblies of West Bengal, Assam, Tamil Nadu, Pondicherry and Kerala, during the ongoing second wave of Covid-19 by violating the Covid protocol and guidelines. A prayer has also been made in the writ petition that proper directions be issued for stopping the door to door election campaigns and election meetings and gatherings. It is also prayed that the respondents be commanded to take immediate steps to prevent the spread of Coronavirus and take action for its eradication.
3. Mr. Siddharth Seth, learned counsel appearing for the respondent Nos. 3 and 4-Election Commission of India and State Election Commission, M. P. respectively submitted that insofar as the election in other States is concerned, the said issue would not fall within the territorial jurisdiction of this Court. Regarding by-election for State Legislative constituency Damoh (Madhya Pradesh), his submission is that polling has already taken place on 17-4-2021 and counting shall take place on 2-5-2021. Learned counsel further submitted that all other issues with regard to the spread of Coronavirus and steps required to be taken therefor, a detailed order has already been passed by this Court in W. P. No. 8914/2020, In Reference (Suo Motu) vs. Union of India and others on 19-4-2021 and compliance of the directions issued is being monitored by this Court, therefore, this writ petition need not be entertained.
4. The petitioner-Shri Umesh Trivedi, relying upon the judgment of the Supreme Court in Mohinder Singh Gill and another vs. Chief Election Commissioner, New Delhi and others, AIR 1978 SC 851, submitted that the election process commences from the date of issue of initial notification and concludes with the declaration of result. Therefore, as the result of the election of Damoh constituency has not been declared so far, the process of election should be taken as continuing one and the writ petition can be entertained by this Court even now to nullify the entire process, since the entire process of election is marred by number of illegalities. It is argued that since several political workers, leaders and passengers were going to and coming from West Bengal, Assam, Tamil Nadu, Pondicherry and Kerala by various trains, by air and by road, part cause of action should be taken to have arisen within the territorial jurisdiction of this Court even in respect of other States. It is also argued that the State Government is not taking effective steps for preventing the spread of Coronavirus, inasmuch as, various medicines including Remdesivir, are being sold in market at a very high price and weaker sections of societies especially Scheduled Castes and Scheduled Tribes are worst hit and dying due to Coronavirus.
5. Having heard Mr. Umesh Trivedi (petitioner No. 2 herein), Mr. P. K. Kaurav, learned Advocate General for the State and Mr. Siddharth Seth, learned counsel for the Election Commission of India and State Election Commission, M. P. and on perusing the aforesaid judgment, we find that the ratio of the relied judgment does not have any application to the present fact situation. The Constitution Bench of the Supreme Court in Mohinder Singh Gill (supra) do indeed held that amplitude of powers and width of functions to be exercised by Election Commission unde
