Kahfa Bengia v. State Election Commission Of Arunachal Pradesh
2020-12-11
NANI TAGIA, PARTHIVJYOTI SAIKIA
body2020
DigiLaw.ai
JUDGMENT Nani Tagia, J. - Heard Mr. N. Pada, learned counsel for the petitioner. Also heard Mr. A. Apang, learned Standing Counsel for the State Election Commission and Mr. S. Tapin, learned Senior Govt. Advocate for the State respondents. 2. This Pubic Interest Litigation (PIL) has been instituted seeking deferment of the elections to the Panchayat and Municipal bodies announced by the State Election Commission, by means of a Press notice dated 12.11.2020, fixing 24.11.2020 as the date of Public notice by Retuning Officers; 02.12.2020 as the last date of filing Nomination; 04.12.2020 as the date of Scrutiny; 07.12.2020 as the last date of withdrawal of nomination; 22.12.2020 as the date of Polling; 26.12.2020 as the date of counting and 31.12.2020 as the date by which election to be completed, on the ground that due to the outbreak of COVID-19 pandemic, the situation is not conducive in the State for holding of the election to these local bodies, which involves mass gathering of the public. 3. The petitioner, by referring to the letter dated 03.11.2020, written to the State Election Commissioner, Arunachal Pradesh by the Secretary, Heath & Family Welfare, Govt. of Arunachal Pradesh advising the State Election Commission to avoid mass gathering events and thereby, elections of these local bodies be postponed till the winter sessions, contends that the State Election Commission while taking a decision to hold the election to these local bodies have not taken into consideration the advisory given by the Secretary, Health & Family Welfare, Govt. of Arunachal Pradesh. 4. The State Election Commission have filed a counter affidavit, wherein it has been stated that the election to these local bodies were due, to be held since 2018. As the elections to these local bodies were not held since 2018 due to some administrative reasons, one writ petition being WP(C) No.231(AP) 2018 and another Public Interest Litigation being PIL No.22(AP)2018 were filed before this Court seeking a direction to hold the election to these local bodies and, both the writ petition as well as the PIL were disposed of by this Court directing the State Election Commission as well as the State Govt. to hold the elections of these local bodies.
to hold the elections of these local bodies. The State Election Commission contends that it was in compliance thereof, the decision to conduct the election to these local bodies, at this time, had to be taken and necessary notification issued thereof for holding of elections to these local bodies. 5. The State Election Commission in the counter affidavit filed, further contends that COVID-19 pandemic is not unique to the State of Arunachal Pradesh, but it is all over the Country as well worldwide and in a situation like this, the States like Madhya Pradesh, Gujarat, Uttar Pradesh, Odisha, Nagaland, Jharkhand, Chattisgarh, Telengana and Haryana have conducted either General Assembly Election or/ Bye-election in these States. The State Election Commission further contends in the counter affidavit filed that, the decision to hold elections in these local bodies in the State of Arunachal Pradesh was taken having taken note of the elections being held in the other States of the Country in a similar situation of COVID-19 pandemic and, also in view of the long overdue to hold this election since 2018 and in view of the direction passed by this Court in the writ petition and the PIL, referred to hereinabove. 6. The State Election Commission in the counter affidavit filed further contends that, a separate guidelines/Standard Operating Procedures (SOPs) on the basis of Election Commission of India guidelines and, in consultation with the Health Department of the State have been prepared and finalized, which would be followed during the election process. 7. Rival contentions raised by the contesting parties have been duly considered by this Court. 8. The Panchayat body in the rural areas and Municipal body in the urban areas being a local self government has to be in place as mandated by law. The election to such bodies like elections to the House of People and Legislative Assembly of the State; once set in motion by the Election Commission, the same is normally not interfered with in a writ proceedings, because of the bar contained, in the case of Parliamentary and the Legislative Assembly under Article 329 and in the case of local bodies under Article 243K of the Constitution of India. Any grievance to the electoral process is left to be determined by the election Tribunal.
Any grievance to the electoral process is left to be determined by the election Tribunal. However, in the present Public Interest Litigation what calls for limited consideration of this Court is whether in view of the unprecedented pandemic situation prevailing in the State, should this Court in exercise of power under Article 226 of the Constitution of India intervene in this matter, where the State Election Commission have taken a decision to go ahead with the election to these Panchayat and Local bodies. Though, the issue raised by the petitioner assumes importance in the light of the public health and safety, yet, the State Election Commission while taking a decision to conduct election to these local bodies dispite the unprecedented COVID-19 pandemic have done so, in terms of the direction passed by this Court in the writ petition and the PIL, referred to hereinabove. In addition thereto, the State Election Commission have also considered and taken into account that the election to these local bodies cannot be postponed to indefinite period. In such a similar situation and circumstances, the other States of the Country have also conducted General Election or Bye-election. In that light, the State Election Commission in the instant case, appears to have also taken a conscious decision to conduct the elections to these local bodies, which was long overdue and any further delay in conducting the election to these local bodies would be contrary to the requirement of putting up the elected representatives in a democratic set up in place as mandated by law. While notifying the elections to these local bodies to be held, it appears that SOPs to be followed during the election have also been prepared and finalized by a committee headed by the State Epidemiologist, having regard to the maintenance of safety of the public health during the election process.
While notifying the elections to these local bodies to be held, it appears that SOPs to be followed during the election have also been prepared and finalized by a committee headed by the State Epidemiologist, having regard to the maintenance of safety of the public health during the election process. When such a decision is taken by an independent and autonomous body like State Election Commission in furtherance or fulfillment of the mandate of holding election to the local bodies and, also in view of the fact that the election elsewhere in the other States of the Country are being held in a situation similar to the State of Arunachal Pradesh, we are of the view that this Court must know substitute the view taken by the State Election Commission in the facts and circumstances of this case by interfering with the election already notified and set in motion to these local bodies. Resultantly, this PIL is dismissed being devoid of merit. 9. The PIL stands disposed of.