AMAN SHARMA Vs. CHIEF ELECTION COMMISSIONER AND ANOTHER

JUDGEMENT

(1.) The present writ petition has been filed by way of a Public Interest Litigation under Article 226 of the Constitution of India seeking deferment of the biennial elections for three vacant seats of Rajya Sabha from the State of Madhya Pradesh scheduled to be held on 19.6.2020 vide order/Notification No.ECI/PN/37/2020 dated 1.6.2020 (Annexure P/1) issued by the Election Commission of India, primarily on the ground that there has been no application of mind while fixing the said date and that on 4.6.2020, the elections for filling of casual vacancies in Legislative Assembly of various States were postponed due to Covid-19 pandemic.

(2.) The Election Commission of India has filed advance response to the petition wherein a preliminary objection has been raised to the effect that the present writ petition should not be entertained as there is a bar provided under Clause (b) to Article 329 of the Constitution of India read with Section 18 and Section 100(1)(d)(iv) of the Representation of the People Act, 1951.

(3.) Learned counsel representing the Election Commission of India urged that the petitioner is neither a voter in the elections to be conducted for Rajya Sabha nor any statutory right of the petitioner has been violated. However, in case, there is violation of any statutory right, the petitioner would have a remedy of filing an election petition raising all the issues and contentions therein. Learned counsel placed reliance upon the judgments of the Apex Court in N.P. Ponnuswami vs. Returning Officer , AIR 1952 SC 64, Mohinder Singh Gill and Another vs. Chief Election Commissioner, New Delhi and others (1978) 1 SCC 405, Election Commission of India through Secretary vs. Ashok Kumar and others , (2000) 8 SCC 216=AIR 2000 SC 2977, Manda Jaganath vs. K.S. Rathnam , (2004) 7 SCC 492 and Laxmi Bai vs. The Collector Nanded & others, Civil Appeal No.1622/2020 decided on 14.02.2020. He also referred to a judgment of Madras High Court in WP (MD) No.11505/2019 ( P. Singaravel vs. The Chief Electoral Officer ) decided on 2.5.2019. Learned counsel further placed strong reliance upon the latest pronouncement of the Apex Court in the case of Paresh Dhanani Vs. Election Commission of India passed in Writ Petition (Civil) No.774/2019 decided on 25.6.2019.