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Refusing to entertain a Congress leader Jagdish Sharma's plea seeking postponement of assembly elections in 5 states due to concerns of rising number of Covid-19/Omicron infections, the Delhi High Court rebuked Sharma, "Are you living on Mars? Delhi is now dealing with a declining number of cases."

Expressing displeasure, a bench of Justices Vipin Sanghi and Jasmeet Singh said, “It is a frivolous petition. You withdraw it or we will dismiss it with cost.”

The counsel for the petitioner then withdrew the plea.

A writ petition had been filed by Indian National Congress (INC) leader Jagdish Sharma under Article 226 of the Constitution of India seeking response from the Union of India and the state of Delhi about their preparation to handle the 3rd wave of Covid-19, "expected in the next 10 days."

Inter alia he had sought for them to submit their plan for distribution of essential supplies and services during the upcoming third wave of Covid-19, plan for availability and distribution of oxygen during the upcoming 3rd wave, a writ directing postponement of elections for few months/weeks in 5 states, direction for 14 days or less quarantine for the people returning from the states where elections have commenced i.e. Uttar Pradesh, Punjab, Manipur, Utarakhand and Goa, and plan for arrangement to handle the upcoming 3rd wave of Covid-19 to the High Court. 

Giving a brief background over the virus' orign, the plea stated that, "Over a period of time, it has affected almost all countries in the world including India."

Pointing out that our "health infrastructure is dangerously outstretched, understaffed, and under resourced," it said that in the last two years more specifically in last year i.e. 2021, in the months of March-April the nation has faced an unprecedented situation.

"The hospitals were over occupied, there had been families where no one was to perform the last rituals, the Covid-19 has ingested all members in the family. The State Governments Specially Government of NCT of Delhi and Central Governments were helpless, people were dying in the absence of oxygen, and the shops having oxygen converted into the temple and people were not purchasing the oxygen/cylinder, infact they were praying for oxygen/oxygen cylinder from shopkeepers/Hospitals," it submitted.

The plea then submitted that as in last year in the month of March-April the Supreme Court had to pass orders suo-moto, for the distribution of essential supplies and services during pandemic and then only situation could be handled well, therefore once again the Court may take stock of the situation, including postponing elections if necessary.

Cause Title: Jagdish Sharma vs Union of India & Ors