MP HC refuses to interfere; upholds Election Commission’s power to decide upon bypolls

Quashing a petition seeking Madhya Pradesh High Court’s interference in the decision of conducting the bypolls in the state, the court has upheld the Election Commission’s right and power to schedule elections. The Court refused to entertain the plea and announced that the Election Commission has been provided with the power to decide upon the conduct and scheduling of all the elections in the country.

The plea has sought the court’s interference to decide on the schedule of the bypolls of four parliamentary constituencies in the state of Madhya Pradesh.

MP HC denies interference, upholds Election Commission’s power to decide on bypolls

The Court further observed that the election body, which is an official institution, is competent to decide about the conduct of by-elections. The Election Commission is responsible for deciding the schedule of the bypolls for the Parliamentary Constituency of Khandwa and Assembly Constituencies of Prathvipur, Jobat, and Rajgarh, the bench reserved.

"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, as  reported by ANI.

The bench further observed that the Election Commissioner is capable of assessing the COVID-19 situation and urged that Election Commission must be trusted to take necessary actions when needed. The Court insisted that it believes in the Election Commission’s capability of making decisions in this regard.

"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.

The bench denied listening to the case further by stating that the argument used by the petitioner doesn’t justify the interference of the High court in the matter. 

"This Court, therefore, would not be allowed to exercise its power of Judicial review under Article 226 of the Constitution of India justified in making any interference in the matter," the court statement read. 

With ANI Inputs

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