Upcoming elections in Bihar amidst pandemic: Petitions filed in SC to postpone elections

BACKGROUND 

• The term of 243-member Bihar Legislative Assembly is going to end on 29 November 2020.
• The polls are likely to be held in the time period of October-November,2020.
• If allowed, Bihar will be the first state to conduct elections amid the Covid-19 pandemic.
• The number of active Covid-19 cases in Bihar  is 26,181 till 22nd August as notified by Bihar Health Department.
• As per the reports, around 53.67 lakh people have been affected in Bihar due to floods.

 PETITION SEEKS POSTPONEMENT OF ELECTIONS 

• Petitions have been filed in the Supreme Court seeking directions for the Election Commission to defer from conducting elections till the State of Bihar is Covid-19 and flood free.
• The grounds stated in petition to delay elections are based on the condition of Bihar during pandemic/floods.
• It was contended that conducting of elections in these extra-ordinary circumstances would take away the right of vote of the citizens who are struggling in these situations.
• Furthermore, it was also pointed out that the Election Commission of India also deferred the Rajya Sabha elections in the wake of pandemic.
• The petition also raised a point for consideration regarding the powers of Election Commission under Article 324 of the Constitution to frame the schedule for election of legislative assembly.

STAND OF ELECTION COMMISSION ON ELECTIONS IN PANDEMIC

• On 21st August 2020, the Election Commission issued necessary & broad guidelines to conduct elections during Covid-19.
• Earlier, the maximum number of voters at a polling station was 1500 which has been reduced to 1000 now.
• Quarantined persons will be able to cast their vote at the last hour of the poll in accordance to the issued guidelines.
• A group of only 5 people is allowed for door to door campaign.
• However, the guidelines were silent on virtual campaigning by the parties.
• Also, a senior official in Election Commission has said that assembly elections in Bihar, due later this year, are definitely happening on time.  
• So far, no official notification stating the dates for Bihar elections has been issued.