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The Allahabad High Court on Friday dismissed another Public Interest Litigation, seeking adjournment of the upcoming Uttar Pradesh Assembly Elections, 2022 on account of a spike in covid infections, for want of maintainability. The first phase of the Polls is set to begin on February 10.

The bench of Justice Attau Rahman Masoodi and Justice Suresh Kumar Gupta noted that it found that the petitioner had not even filed a copy of the notification whereunder the U.P. General Assembly Elections or first phase election was notified, which is mandatory for such PIL.

Court said, "A writ of mandamus without assailing the decision of Election Commission of India notifying the U.P. General Assembly Elections in phases, is procedurally invalid and non-maintainable."

Court reasoned that a PIL is bound to be filed after undertaking deep research not only on the aspect of the cause of action but the relevant facts and applicability of law in relation thereto as well.

Notably, drawing similarity between the earlier PIL which had also been rejected and the present one, Court noted that the earlier one was dismissed by putting on record the reasons for rejecting misconceived prayers impeding election process in the State assembly as is the case at hand.

Court stated, "We reiterate the reasons already put on record and are not convinced to interfere on the basis of a ground i.e. Pandemic which the Commission, being a constitutional body, must have taken into consideration, with utmost responsibility."

The petitioner, Rishi Kumar Trivedi, State Head of Akhil Bharat Hindu Maha Sabha (an unrecognized political party) had urged before the court that there was no harm to shift the Election dates at least a month as right now the number of Covid-19 infections are at the highest, and the community spread has started.

On the date of hearing in the case, Trivedi's counsel had also put up the data chart before the high court showing a sudden spike in Covid- 19 cases and deaths after the General Assembly Elections of West Bengal and UP Gram Panchayat Elections that were held in 2021. 

He had, accordingly, forwarded his client's apprehension that if the UP Assembly Polls don't get postponed, people's lives will be in danger due to being forced to go out and cast votes at crowded polling booths. 

However, finding the PIL lacking maintainability, the court decided to dismiss the same. 

Case Title: Rishi Kumar Trivedi v. Election Commission of Bharat and Anr.