Election Commission of India is competent as to decide to conduct bye elections

Madhya Pradesh High Court on Wednesday held that election Commission of India is competent to decide when to conduct bye elections.

The bench was headed by Chief Justice Mohammad Rafiq and Justice Vijay Kumar Shukla.

A Plea was filed by Nagrik upbhokta margdarshak manch asking for post bonding of bye polls keeping in mind the third wave of COVID-19.

A father prayer has been made asking to direct the respondent to conduct by elections only after analysing the ground situation of coronavirus in the state.

ECI further added regarding constitutional exigency and a special request received from the state of West Bengal it has been decided to hold by eelection in bhabanipur.

The court observed that the material produced on record indicates election Commission is fully cognizant of the situation of coronavirus and thus take a conscious decision for not to hold the by election.

In reference Article 324 of the constitution of India was referred.

The court held only election Commission of India is competent to decide as to when should the by election of parliamentary constituency of khandwa and assembly constituencies of prathvipur jobat and Rajgarh should be held.