AJIT SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) The only question which has come to the surface in this Public Interest Litigation (PIL) is as to whether the fixity of dates and the preparing of the schedule for the ensuing Assembly Election in the State of Bihar by the Election Commission of India (respondent No. 2) in its constitutional prerogative jurisdiction in terms of the provisions of Article 324 read with Article 329 contained in part XV of the Constitution of India pertaining to the process of the Elections, could be said to be, in any way, vulnerable or whether requiring interference of this Court on the grounds arid premises of there being local as well as multireligious festivals in course of said schedule, in exercise of its plenary, discretionary and extraordinary writ jurisdiction under the provisions of Article 226 of the Constitution of India.

(2.) We have heard learned Counsels appearing for the parties and have been taken through the relevant and requisite materials in course of the marathon submissions before us. We have, also, considered the relevant material and constitutional provisions pertaining to the powers of holding Elections in general and Article 324 and 329 in particular of the Constitution, as well as, other statutory provisions of the Representation of Peoples Act.

(3.) This Court, on the day of admission while passing an order, on 9.9.2005, did direct the Election Commission of India to highlight and explain as to whether the grievances voiced and raised in this petition have been taken into consideration by it before finalising the schedule and fixity of dates for holding polls for ensuing General Assembly Election of the State of Bihar after its premature dissolution, to which the counter affidavit has been filed highlighting the aspects, details and the actions considered and taken for the fixity of the dates while drafting and finalising the Entire Schedule for the General Assembly Election of the State of Bihar. We have, also, dispassionately, examined and evaluated the counter-affidavit and the detailed articulation of facts and steps taken by the respondent No. 2 (ECI) while considering and deciding the Election Schedule exercise.