VARGHESE PERAYIL Vs. ELECTION COMMISSION OF INDIA

JUDGEMENT

(1.) Former Principal of St. Cyril's College, Adoor, as well as State President of the Voters Association, and claiming to be a social worker, petitioner has filed the instant writ petition, as a Public Interest Litigation, seeking for a direction to the Election Commission of India, respondent No.1, not to conduct the bye-election for Chavara and Kuttanad Assembly Constituencies, in the State of Kerala.

(2.) Facts, as narrated by the petitioner for filing the writ petition, are that, pursuant to the death of the Members of Chavara and Kuttanad Assembly Constituencies, in the State of Kerala, the Election Commission of India, New Delhi, respondent No.1, has announced bye-election, to be held in November, 2020.

(3.) According to the petitioner, the Chief Electoral Officer, Kerala, respondent No.3, in fact, has suggested that bye-election could be dropped, as there is only a few months of tenure remaining for the State Assembly and also considering the present scenario of COVID-19 pandemic. However, the first respondent has decided to conduct the bye-election. But, the election has not so far been notified.