The Supreme Court of India is set to hear a plea on Monday requesting the postponement of the bye-elections for four Assembly seats in Bihar, citing the week-long Chhath Puja celebrations.

The petition, filed by the Jan Suraaj Party on November 10, challenges the Election Commission’s decision not to defer the elections in Bihar, while rescheduling elections in states like Uttar Pradesh, Punjab, and Kerala due to significant social and cultural events. A Bench led by Justices Surya Kant and Ujjal Bhuyan will hear the matter, as stated in the causelist on the Supreme Court’s website.

Key Points of the Plea

The plea argues that the Election Commission rescheduled the bypolls in Uttar Pradesh, Kerala, and Punjab due to large gatherings associated with religious and cultural events, but did not extend the same consideration to Bihar. The petition asserts that similar conditions exist in Bihar, where Chhath Puja is a major festival, and argues that failure to postpone the elections violates the principle of equal treatment under Article 14 of the Constitution.

It further states that logistical challenges and concerns about reduced voter turnout are present in both Bihar and other states where elections were rescheduled. The petition highlights that over 40 Chhath Puja organizing committees in Bihar have also urged the Election Commission to postpone the polls.

The plea stresses that delaying the elections would ensure greater voter participation, prevent inconvenience for the electorate, and support the democratic process in Bihar. It criticizes the Election Commission for its “arbitrary” conduct in selectively rescheduling elections based on socio-religious events, violating the rights of voters and the principle of fairness.

Violation of Fundamental Rights

The petition claims that the Election Commission’s failure to defer the Bihar elections while deferring those in other states amounts to a violation of natural justice, as it undermines the voters’ right to equal treatment. It argues that the Commission’s selective approach to election deferral undermines the fairness and credibility of the electoral process.

The Supreme Court’s hearing of the case will address whether the Election Commission’s actions are in line with constitutional principles and whether the elections in Bihar should be postponed to ensure fairness for all voters.