Read Time: 05 minutes

The Allahabad High Court today declined to entertain the Public Interest Litigation filed seeking postponement of Uttar Pradesh Legislative Assembly Elections, 2022 that are scheduled to take place in the months of February and March. The reason for the orders will be recorded later. 

The bench of Justice Attau Rahman Masoodi and Justice Narendra Kumar Johari heard the case. The petitioners had challenged the notification for Assembly Elections as issued by the Election Commission of India (ECI) alleging non-application of mind on Commission's part.

The petitioners, namely Atul Kumar and another, had mainly argued that as per the present notification, the Polls are to take place amid the peak of Covid-19 infections in the State and also, as per Law, the election should be held on expiration of the term of the present Assembly. 

Petitioners had averred that as the term of the existing U. P. Legislative Assembly was up to May 14, 2022, the election should be held in April and May, 2022 instead of February and March.

However, today, the State, as well as the Election Commission of India, argued against the maintainability of the Petition stating that the petitioner has a personal interest.

Chief Standing Counsel for the State Adv. Abhinav S. Trivedi argued that in the plea, the petition has himself stated that he is willing to take part in the elections, therefore, bringing the matter as a public interest cause is not justified. Senior advocate O.P. Srivastava, representing the ECI also supported Adv. Trivedi's this argument. 

Sr. Adv. Srivastava also contended against the petitioners' claim that ECI has ignored the original section of the Representation of the People Act, 1951 i.e. section 15, and rather invoked its proviso to issue the present notification. 

The ECI said that being within its power as provided by the said section and within its limits, as provided under Article 172, it has issued the notification as announced dates are within 6 months from the expiry of the term of the present assembly.

As per the proviso of section 15 of the Act, where a general election is held otherwise than on the dissolution of the existing Legislative Assembly, no such notification shall be issued at any time earlier than six months prior to the date on which the duration of that Assembly would expire.

Taking note of contentions as raised by all the parties, court stated that it was not of the opinion to entertain the PIL at this stage, however, the reasons for the same will be recorded later. 

Case Title: Atul Kumar and Anr. vs Election Commission of Bharat and Ors.