MP HC upholds EC's power to schedule elections, dismissing petition
Sep 24, 2021
New Delhi [India], September 24 : In a petition, the Madhya Pradesh High Court refused to interfere in the decision of the Election Commission (EC) related to the scheduling of bye-elections and upheld EC's power to schedule elections.
"In view of the position of laws as noticed above, it must be held that only the Election Commission of India is competent to decide as to when should the bye-elections to Parliamentary Constituency of Khandwa and Assembly Constituencies of Prathvipur, Jobat, and Rajgarh should be held," ruled the court.
It stated that there is no reason to assume that such a decision shall not be taken by the Commissioner after assessing the situation of COVID-19 on the ground.
"On the contrary, the material produced on record clearly indicates the EC is fully cognizant of the situation of coronavirus and therefore has taken a conscious decision for the time being not to hold the bye-elections," said the court.
"This Court, therefore, would not be in the exercise of its power of Judicial review under Article 226 of the Constitution of India justified in making any interference in the matter," it added.
