SC dismisses PIL for deferring Bihar polls: 'COVID is no ground for postponing elections'

Stating that COVID-19 cannot be a ground for postponing elections, the Supreme Court on Friday dismissed a PIL seeking to defer the Bihar assembly polls till the state is free of the novel coronavirus. Three judge bench of Justices Ashok Bhushan, R S Reddy and M R Shah said that it is a premature petition as no notification for the assembly polls has been issued till now. The Election Commission of India will consider everything, the apex court said. Dismissing the PIL, the top court said that no writ can be applied like this as a decision on polls has not been taken yet by the EC. 

“How can we ask the Election Commission of India (ECI) to not hold elections? COVID cannot be a valid ground for postponement of elections,” the bench stated.

The petitioner, Avinash Thakur, had sought a direction to the Chief Election Commissioner to postpone the polls due to the COVID-19 pandemic on the ground that the Representation of the People Act provides for the deferment of polls in extraordinary situations. The petitioner's counsel had argued that elections are not paramount but human life is, and even MLAs and common people are suffering due to the COVID-19 pandemic.

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Bihar assembly elections 

Bihar will go to polls amid COVID-19 pandemic, with the EC releasing guidelines for conducting polls. As BJP lost in Delhi, all eyes are set on former party chief Amit Shah and Nitish Kumar -led JDU. While Kumar faces strong anti-incumbency, RJD - Bihar's main opposition has lost the luster it once had due to the absence of it's chief Lalu Prasad Yadav - with his son Tejashwi, most likely to be named as CM hopeful.  Currently, the JDU-BJP combination rules the state with 131 seats, while RJD-Congress opposition has 111 seats.

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EC Releases Guidelines For Voting amid COVID

Gearing up for Election season, the Election Commission of India (ECI), released detailed guidelines for polling amid the Coronavirus (COVID-19) pandemic. Limiting 1000 electors per booth, ECI has outlined specific guidelines for polling stations, postal ballots, poll campaigns, and counting of votes. Bihar will go to polls in October-November this year, as the pandemic rages on.

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ECI's Guidelines for polling booths

Polling station guidelines:

• Mandatory sanitization of Polling Station, Thermal Scanner at the entry point, and checking of voters at entry point  by polling staff or Para Medical staff or Asha worker. If the temperature is above the set norms, the elector shall be provided with a token/certificate and will be asked to come for voting at the last  hour of poll where voting will be facilitated following COVID-19 measures.
• Marker to demonstrate social distancing for queue - earmarking circle for 15-20 persons of 2 yards (6 feet) distance for voters.
• Soap, Water and sanitiser shall be provided at the entry/exit point of every polling station. Face masks to be kept in  reserves for those electors not carrying one
• Awareness posters on COVID-19 should be displayed at visible locations
• Sitting arrangement in polling station for the polling personnel as per social distancing. If polling agent or counting agent is having temperature, he shall be relieved.
• At any given time, only 1(one) voter shall be allowed to stand in front of each polling official and voter may have to lower mask for identification.
• Hand gloves shall be provided to the voter, for signing on the voter register and pressing button of EVM for voting.
• COVID-19 patients who are quarantined will be allowed to cast their vote at the last hour of the poll day, under supervision of health authorities. Guidelines for voters in containment zones to be issued separately.
• Postal ballot option has now been extended to voters with disabilities, above 80 years, employed in essential services, voters who are COVID- 19 positive/suspect and in quarantine (home/ institutional)

Read full guidelines here: ECI guidelines for COVID

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