Once it is shown that guidelines for ensuring that holding of election does not lead to spread of Covid-19, no interference needed by Court

The Delhi High Court ruled that the decision, to hold or not to hold an election or allow or not to allow a particular event to take place, are matters of policy and policy matters are best left to the Executive Wing of the Constitution of India which has the wherewithal to take all relevant factors into consideration before arriving at a decision in such respect.

Once a decision to hold the election has been taken, the election process begun and not stopped inspite of rise in the number of infected persons in the city and normal life permitted to go on in the city save for a few restrictions and once it is shown that guidelines for ensuring that the holding of election does not lead to spread of Covid-19 any more than it is already taking place, the Court would not interfere in such policy matter.

The Court said that respondent GNCTD as well as the Central Government is already taking all steps to prevent the spread of Covid-19, without however restricting day to day life any more than necessary.

As far as the apprehension expressed by the petitioners, of the holding of elections at this time adding to the spread of Covid-19 and thereby bringing a bad name to a particular community is concerned, though the petitioners have contended that the subject elections are not political in nature but agree that with the passage of time, are no less than a political election.

Besides the general restrictions put in place by the Governments and being enforced, each institution is taking its own steps for restricting the spread of the Covid-19 virus and this court is confident that not only will GNCTD enforce guidelines already issued to prevent spread of virus during the election, a body as the DSGMC also, will take all possible steps to ensure that the conduct of elections is not a source of spread of the Covid-19 virus.

Merit is also found in the contention of the counsel for the respondent GNCTD that the petitioners ought to have disclosed the earlier filing of W.P.(C) No.3685/2021 by them, then seeking deferment of elections till framing of rules placing a ceiling on the election expenses incurred by the contesting candidates and which petition, after arguments, was not pressed.

“The conduct of the petitioners of seeking deferment of elections in the earlier petition as well as in the present petition does indeed raise a doubt that the petitioners are acting at the behest of the existing committee members who desire to perpetuate their term as members of DSGMC beyond the stipulated time” said the court.

The Representation was made before the Chief Justice, Delhi High Court 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.

Case Title: Jagmohan Singh vs NCT of Delhi