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In a Public Interest Litigation seeking directions to the Election Commission of India and State Election Commission of Uttar Pradesh to arrange a live telecast of the vote-counting proceeding of the Assembly Elections of the five States, the Allahabad High Court today refused to entertain the plea. 

The bench of Justice Devendra Kumar Upadhyaya and Justice Mohd. Faiz Alam Khan, however, granted permission to the petitioner to withdraw the plea with liberty to file a fresh petition with sufficient pleadings and at an appropriate time. 

Stressing that the counting is due on the day after tomorrow, the bench questioned petitioner's counsel, "How can we issue a direction like that just one day before the counting day? Uttar Pradesh is such a huge State, to make arrangements, in accordance with your prayers, would be a humongous task."

Noting that in one of the prayers mentioned in the plea, the petitioner had prayed for a direction to the election commission to take initiative under directions passed in the case of N. Chandrababu Naidu & Others v. Union of India (Writ Petition-C No. 273 of 2019) to ensure free and fair Elections, Court said, "You are asking issuance of mandamus for the execution of one judgment from the Apex Court. Is this even a law? Can a mandamus be issued for this purpose also?"

Accordingly, Court expressed its opinion that such prayer cannot be entertained by the high court, however, as the matter involves a good and important cause, the petitioner may file a fresh plea with appropriate prayers. 

Advocate Krishan Kanhaya Pal and Adv. Santosh Kumar Yadav Warsi represented the petitioner in the matter. 

To be noted, today the Supreme Court also declined to give urgent listing to a PIL seeking verification of Voter Verified Paper Audit trail (VVPAT) of EVMs before counting votes. The petitioners had prayed for the case to be listed tomorrow for hearing. 

A Supreme Court bench headed by Chief Justice of India NV Ramana and consisting of Justices AS Bopanna and Hima Kohli 

observed that at the last moment nothing can be done and asked the authorities to continue as per the pre-established procedure. The vote counting of the Assembly Elections in five states is scheduled to take place on Thursday, March 10.

Case Title: Rehan Alam Khan And Anr v. Chief Election Commission of India