[Omicron Scare] PIL Moved In Supreme Court Seeking Postponement Of Upcoming Assembly Polls In 5 States

A Public Interest Litigation (PIL) petition has been moved in the Supreme Court seeking postponement of upcoming polls in the five states of the country including the states of Uttar Pradesh, Manipur, Uttarakhand, Goa, and Punjab amid the spread of COVID's new variant Omicron.

The PIL plea has been moved by Kanwariya Sena Sangathan through advocates Abhishek Yadav and AOR Devendra Singh and it goes on to state that in view of the prevailing circumstances, the elections be deferred by invoking the provisions of Disaster Management Act, 2005 and also, the kin of the deceased died due to COVID 19 'Notified Disaster' be provided assistance under the provisions of the said act.

"Representation of Peoples Act, 1951 provides for deferment of polls due to an extraordinary situation....as per the provisions of Peoples Representation Act, 1951, section 15 of the Act clearly speaks about the election to be held when the term of the existing assembly has come to an end," the plea submits.

The PIL plea has also stated that considering the previous effect of the pandemic situation in the poll-bound states, an apprehension is there that the life of the residents of the State would be under the threat, if the elections are held, then large gatherings would be eminent.

Significantly, the PIL prays that considering the prevailing COVID situation, the polls should be deferred for a period of 6 weeks as it is advised by the top-Indian Medical institutions that the effect of this Covid-19 variant would reduce by the end of February.

"That it is known to everyone that in the garb of political escalation in the Five-States the Covid protocols are not only misused but are also creating a grave effect over the society as prominent leaders are misusing the norms in the opportunity to gain the trust of their vote banks to which the voters are responding in an inefficacious manner which may play as a pivotal role in the infection rate," the PIL avers.

The PIL also submits that due to the surge of COVID 19 Coronavirus, the Kanwar Yatra (The Hindu Devotees across the Nation used to Visit Lord Mahadev) too, was stopped, which is a part of the faith of the people following the Hindu religion.

The PIL has also impleaded the Union of India as a party and has stated that it owes a duty of care to both in protecting the health of people at large and as well as the livelihood of every individual or citizen. "The health of people cannot be protected by causing uncompensated miseries to individuals, thus, there is a grave violation of Article 21 of the Constitution," the plea further adds.