‘We Are Not Lawmakers, Can’t Issue Such Directions’: Delhi High Court On PIL To Conduct Lok Sabha, Legislative Assembly Polls Together In 2024

The Delhi High Court on Monday refused to pass directions on a public interest litigation praying that Centre and Election Commission of India be directed to ascertain the feasibility of conducting elections to Lok Sabha and Legislative Assembly together in 2024.

“We cannot do it. We are not lawmakers. We know our limitations. We ensure compliance of law. We can’t issue such mandamus,” a division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad said.

As Upadhyay said that the plea be treated as representation, the bench disposed of the same by directing ECI to consider the PIL as representation and decide it in accordance with law.

The bench observed that such matters can only be decided by lawmakers and not courts.

The plea filed by BJP leader Ashwini Kumar Upadhyay, who is also an advocate, also sought a direction on Central Government and Election Commission of India (ECI) to ascertain the feasibility of conducting elections on holidays, including Saturdays and Sundays, in order to save “valuable time of schools, colleges, universities, service industries and manufacturing organizations.”

Refusing to entertain the prayer, the court said that it is the domain of ECI, being the constitutional body, to decide the schedule of elections.

“They are the master of elections. It’s a constitutional body. They will look into it [representation]. We cannot curtail the term of assemblies like this,” the bench said.

The counsel appearing for ECI submitted that while it is “logistically possible” for the constitutional body to conduct elections as prayed in the plea, however, it is within the domain of legislature to consider the amendments which will have to be made in Constitution of India and Representation of Peoples Act.

“We are bound to conduct elections in accordance with law. Logistically we are ready to conduct but it is for the Parliament to consider,” the counsel said.

Regarding the prayer to conduct elections on Saturdays and Sundays, the counsel said that such a prayer is contrary to a 2002 decision of Supreme Court in Gujarat Assembly case wherein it was held that it is for ECI to decide election schedule which cannot be subjected to judicial review.

In his plea, Upadhyay submitted that it is important to have the polls together to save public money, reduce burden on security forces and public administration on election duty and election commission’s staff who have to organize booths, electronic voting machines and voter slips.

The plea submitted that imposition of Model Code of Conduct delays implementation of central and state government projects and welfare schemes and “takes away time and effort from governance issues.”

“As elections have become a big budget affair and expensive, the Law Commission of India in its 170th Report on Reform of Electoral Laws (1999) has suggested simultaneous elections to Lok Sabha and State Legislative Assemblies for the sake of stability in governance. But the Centre and ECI did not take appropriate steps,” the plea added.

Accordingly, Upadhyay also sought implementation of the recommendations of the Law Commission of India.

“The elections to assemblies whose terms are expiring in 2023 and 2024 may be brought together with 2024 ·Lok Sabha Election by curtailing and extending of the tenure. If consensus evolves among political parties; assembly elections of 16 States i.e. Meghalaya, Nagaland, Tripura, Karnataka, Chhattisgarh, Madhya Pradesh, Mizoram, Rajasthan, Telangana, Sikkim, Andhra Pradesh, Arunachal . Pradesh, Odisha, Haryana, Maharashtra and Jharkhand can be held with 2024 General Election,” the plea stated.

The plea also stated that since the majority of the states are ruled by the NDA government, the consensus would emerge without much difficulty, adding that it will result in simultaneous assembly polls of 16 States with General Elections in 2024.

“Once the elections are held together and the mammoth election process is over, government will get a clear 58 months to carry out important reforms m1d since this is a large enough window for their results to be visible, it will make life easier for the political class,” the plea said.

Case Title: ASHWINI KUMAR UPADHYAY v. UNION OF INDIA & OTHERS

Citation: 2023 LiveLaw (Del) 121