""Postponing elections is not the job of the Court": Uttarakhand High Court on postponing state assembly elections

The Uttarakhand High Court Division Bench of Acting Chief Justice Sanjaya Kumar Mishra and Justice NS Dhanik observed that postponing elections is not the Court's business, refusing to postpone the state's scheduled assembly polls. The Bench even refused to issue any orders prohibiting physical rallies.

Assembly elections in Uttarakhand are scheduled to be held on February 14, 2022 and all the major political parties have already begun their campaign.

The Court was hearing a bunch of Public Interest Litigation (PIL) petitions concerned with the State's handling of the Covid-19 pandemic. An application moved by advocate Shiv Bhatt sought postponement of elections in view of surge in COVID-19.

Earlier, the division bench of Acting Chief Justice Sanjay Kumar Mishra and Justice Alok Verma had asked the Election Commission of India (ECI) to consider banning large public meetings and allowing only virtual rallies for the state assembly elections expected to be held next month.

Bhat had submitted that the new Omicron variant is spreading 300% faster than any other variant of Covid-19 and therefore, to protect the lives of people it is necessary that large gatherings like election rallies be avoided. In the application, Advocate Shiv Bhat noted that political parties were flouting basic Covid-19 protocols and it was necessary to delay the elections considering the health of citizens. The application also sought directions for campaigns to be held virtually.

Per Contra, counsel Shobhit Saharia, sitting for the ECI, informed the Court that physical demonstrations in poll-bound states had already been prohibited until January 15. Additional directions will be issued when the ECI assesses the situation.

The Court while refusing to postpone the election, stated:

"Postponing elections is not the job of the Court... The Election Commission of India (ECI) has already given certain directions."

It is pertinent to note here that a case in pending in Calcutta High Court where a similar question in pending as to who can postpone election.

[Sachdanand Dabral v Union of India and Ors]