MP High Court dismisses PIL against by-polls

The Madhya Pradesh High Court has dismissed a public interest litigation (PIL) seeking that by-elections to one Lok Sabha and three Assembly constituencies in the state be not held in view of the coronavirus pandemic.

These elections are yet to be announced.

Only the Election Commission of India is competent to decide when by-elections to the Khandwa Lok Sabha seat and Assembly seats of Prathvipur, Jobat and Rajgarh should be held, the court said in the order passed on September 22.

It became available on Friday.

The PIL had been filed by Jabalpur-based NGO Nagrik Upbhokta Manch. The by-election to Khandwa Lok Sabha constituency was necessitated by the death of BJP MP Nandkumar Singh Chouhan.

A division bench of Chief Justice Mohammad Rafiq and Justice V K Shukla said that going by the ''material produced on record'', the EC was ''fully cognizant of the situation of coronavirus and has therefore, taken a conscious decision for the time being not to hold the by-elections.” “A copy of its Press Note dated 05.05.2021 has been placed on record as stating that the Commission has reviewed the matter and has decided that due to outbreak of the second wave of Covid-19 in the country, it would not be appropriate to hold by-elections till the pandemic situation significantly improves,'' the HC noted, dismissing the petition.