PHOOL CHAND PALIWAL Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners have submitted that action be taken against the Election Commission of India and State Election Commissions for conducting elections for the Legislative Assembly of Damoh (Madhya Pradesh) and so also for conducting elections for the State Legislative Assemblies of West Bengal, Assam, Tamil Nadu, Pondicherry and Kerala, during the ongoing second wave of Covid-19 by violating the Covid protocol and guidelines. A prayer has also been made in the writ petition that proper directions be issued for stopping the door to door election campaigns and election meetings and gatherings. It is also prayed that the respondents be commanded to take immediate steps to prevent the spread of Coronavirus and take action for its eradication.

(2.) Mr. Siddharth Seth, learned counsel appearing for the respondent Nos. 3 and 4 - Election Commission of India and State Election Commission, MP respectively submitted that insofar as the election in other States is concerned, the said issue would not fall within the territorial jurisdiction of this Court. Regarding by-election for State Legislative constituency Damoh (Madhya Pradesh), his submission is that polling has already taken place on 17/4/2021 and counting shall take place on 2/5/2021. Learned counsel further submitted that all other issues with regard to the spread of Coronavirus and steps required to be taken therefor, a detailed order has already been passed by this Court in W.P. No. 8914/2020 [In Reference (Suo Motu) vs. Union of India and others) on 19/4/2021 and compliance of the directions issued is being monitored by this Court, therefore, this writ petition need not be entertained.

(3.) The petitioner - Shri Umesh Trivedi, relying upon the judgment of the Supreme Court in Mohinder Singh Gill and another vs. The Chief Election Commissioner, New Delhi and others (AIR 1978 SC 851), submitted that the election process commences from the date of issue of initial notification and concludes with the declaration of result. Therefore, as the result of the election of Damoh constituency has not been declared so far, the process of election should be taken as continuing one and the writ petition can be entertained by this Court even now to nullify the entire process, since the entire process of election is marred by number of illegalities. It is argued that since several political workers, leaders and passengers were going to and coming from West Bengal, Assam, Tamil Nadu, Pondicherry and Kerala by various trains, by air and by road, part cause of action should be taken to have arisen within the territorial jurisdiction of this Court even in respect of other States. It is also argued that the State Government is not taking effective steps for preventing the spread of Coronavirus, inasmuch as, various medicines including Remdesivir, are being sold in market at a very high price and weaker Sec. of societies especially Scheduled Castes and Scheduled Tribes are worst hit and dying due to Coronavirus.