Read Time: 05 minutes

A petition has been moved in the Supreme Court seeking postponement of UP Panchayat election, 2021 amid sudden surge in COVID 19 cases.

Earlier, a Division Bench of Chief Justice Govind Mathur and Justice Saurabh Shyam Shamshery of the Allahabad High Court had refused to entertain PIL seeking postponement of elections, by order dated 07.04.2021. The Bench stated that, “The State while notifying elections in panchayat raj institutions has already declared a protocol to be adhered during the election campaign of the elections…All necessary care as such shall be taken by the State to prevent spread of infection during the course of panchayat raj elections.”

The petitioner presents a graphical representation of the surge in confirmed cases of COVID, as of 16.04.2021 and adds that the High Court in its impugned order did not take into account the relevant data.

Further, the superintendence of Election Commission over UP Panchayat Election would include taking an informed decision and perform its duty independently, to decide whether the present state of pandemic allows holding of elections in the State of UP or not.

“The recent spike of COVID 19 infection has hit every corner of various districts of State. The surge has absolutely paralysed public life and all the medical aid systems have reached to a stage of complete saturation. COVID hospitals are over-flooded with COVID patients and there is both manpower shortage and available facilities in hospitals. The situation is so alarming that if it is not handled carefully and cautiously we may lead to stage of complete collapse of a dilapidated public health system”, the plea states.

A District wise split of active cases is further produced by the petitioners, which reflects the highest reported cases in Lucknow (40753) and lowest reported in the district of Hathras (54).

The plea adds that the elections have already commenced in furtherance of the notification dated 26.03.2021, completely ignoring the risk of super spread of the virus, exposing the life of the general public.

Reliance is further placed on the LANCET report dated 15.04.2021, which clearly observed the possibility of transmission of the deadly virus through air.

Prayer is sought to postpone the elections till the situation normalizes, possibly the only option to save the system and life of the people.

Case Title: Sachin Yadav v. State of UP