- (1.) The law of conduct of elections of the Parliament, Assemblies and other public bodies, as declared and interpreted, generally mandates that once the election process has commenced, it should not be interfered with as it would tantamount to impeding a democratic march constitutionally envisaged for establishing governance. The embargo was placed on judicial interference by several pronouncements of the apex court, and without burdening this judgement with a plethora of rulings, it would suffice to mention that celebrated decision in the case of Mohinder Singh Gill v. Chief Election Commissioner, 1978 1 SCC 405.
(2.) This petition unfolds a case where the State Government of U.P. has under its orders, that has been executed by the State Election Commission without visible resistance, unilaterally postponed the notified elections of Pramukhs of Kshettra Panchayat until further orders resulting in a state of indefiniteness. The grounds, as per the original records disclosed by the State Government, are absolutely vague and opaque with no material to demonstrate any real existing difficulty. There is no element of vis major or force majeure, much less any legal or real reason actually in existence on record to justify the impugned action except for the wish expressed by a cabinet minister about difficulties to be faced that have no foundation. This wish, even though confined for the district of Faizabad, has been converted into a reason for postponing the elections in two other districts of Muzaffarnagar and Saharanpur as well. The question is can the State Government in such circumstances, without the participation of the State Election Commission, unilaterally subvert the scheduled elections bypassing the constitutional and statutory provisions.
(3.) We have heard Dr. L. P. Misra, learned counsel for the petitioner, learned Addl. Chief Standing Counsel Sri H.P. Srivastava for the State respondents no. 1 and 4 and Sri J.N. Mathur, learned Senior Counsel for the State Election Commission respondents no. 2 and 3 alongwith Ms. Aprajita Bansal.;