The Supreme Court bench headed by Justice L. Nageshwara Rao heard the matter and refused to entertain the petition which was filed by Kerala MLA PC George who was seeking the postponement of local body polls in the State which was scheduled to start from tomorrow.
Advocate Adolf Mathew who was appearing for the petitioner submitted before the court that he was not on the postponement of the polls rather he only wanted to bring to court’s concern that the State Election Commission wasn’t following the new Election rules of the Government. He added that- “There is a notification with Rule 27A which has been amended and states that COVID-19 patients and senior citizens above the age of 65 years can vote in elections vide postal ballot.”
Even after all this SC did not incline towards his words and allowed the petitioner to withdraw the plea for the same.
MLA George earlier also approached the HC for challenging that the Election Commission contending that, election in this time of pandemic is violative of citizen’s Fundamental Right under article 21 and sought to hold elections in the light of COVID-19 situation in Kerala. Where the HC dismissed the petition.
The Apex court has held that- “We are of the view that the Constitution of India is Supreme, and every decision of an authority under any Act, in the case on hand, the State Election Commission, should be, in accordance with the Constitutional mandate.”