KAHFA BENGIA Vs. STATE ELECTION COMMISSION OF ARUNACHAL PRADESH
LAWS(GAU)-2020-12-21
HIGH COURT OF GAUHATI
Decided on December 11,2020

Kahfa Bengia Appellant
VERSUS
State Election Commission Of Arunachal Pradesh Respondents

JUDGEMENT

Nani Tagia,J. - (1.) Heard Mr. N. Pada, learned counsel for the petitioner. Also heard Mr. A. Apang, learned Standing Counsel for the State Election Commission and Mr. S. Tapin, learned Senior Govt. Advocate for the State respondents.
(2.) This Pubic Interest Litigation (PIL) has been instituted seeking deferment of the elections to the Panchayat and Municipal bodies announced by the State Election Commission, by means of a Press notice dated 12.11.2020, fixing 24.11.2020 as the date of Public notice by Retuning Officers; 02.12.2020 as the last date of filing Nomination; 04.12.2020 as the date of Scrutiny; 07.12.2020 as the last date of withdrawal of nomination; 22.12.2020 as the date of Polling; 26.12.2020 as the date of counting and 31.12.2020 as the date by which election to be completed, on the ground that due to the outbreak of COVID-19 pandemic, the situation is not conducive in the State for holding of the election to these local bodies, which involves mass gathering of the public.
(3.) The petitioner, by referring to the letter dated 03.11.2020, written to the State Election Commissioner, Arunachal Pradesh by the Secretary, Heath and Family Welfare, Govt. of Arunachal Pradesh advising the State Election Commission to avoid mass gathering events and thereby, elections of these local bodies be postponed till the winter sessions, contends that the State Election Commission while taking a decision to hold the election to these local bodies have not taken into consideration the advisory given by the Secretary, Health and Family Welfare, Govt. of Arunachal Pradesh.;


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