Court dismissed PIL filed by PC George, MLA
A Division Bench of the Kerala High Court on Thursday upheld the choice of the State Election Commission (SEC) to finish the native physique election course of earlier than December 31.
The Bench comprising Chief Justice S. Manikumar and Justice Shaji P. Chali upheld the choice whereas dismissing a public curiosity litigation (PIL) filed by PC George, MLA, difficult the SEC resolution.
He sought to defer the elections in view of the COVID-19 scenario. According to him, the choice taken by the SEC within the current well being state of affairs could be violation of citizen’s basic proper to life assured underneath Article 21 of the Constitution.
Dismissing the plea of the MLA, the judges noticed that merely as a result of there was an increase within the variety of COVID-19 instances between October 1 and 31 “it can’t be contended that the SEC has not thought of the gravity and affect of COVID-19 instances . True that there isn’t any indication by any of the authorities, together with the Central Government or the authorities underneath the Disaster Management Act, 2005, as to when there will likely be an finish to COVID-19 pandemic. ”
But, that alone can’t be a floor, both to declare that call of the SEC to conduct the elections, mandated as per the Constitutional provisions, as invalid or to concern any path to the second respondent (SEC) to postpone the elections.
Murali Purushothaman, counsel for the SEC, submitted that the fee took the choice to finish the election course of earlier than December 31 after considering all related inputs.
The preparations for organized elections have been in full swing although the election course of had not commenced and no date fastened for the elections, he submitted.