It took about 45 minutes for the federal government and the Election Fee to reply.
Kolkata Excessive Courtroom Chief Justice Prakash Srivastava requested a small query whereas listening to the PIL filed for the postponement of the elections to the municipal companies. It took about 45 minutes for the state authorities and the state election fee to reply. The query was who has the precise to postpone the election, the state authorities or the election fee. The Chief Justice couldn’t be happy with the reply.
The Chief Justice requested the State Election Fee that if the election needed to be postponed, would you’re taking a call or would it’s a must to go to the state authorities. In response, the Advocate of the Election Fee mentioned that there isn’t a regulation to postpone the election. The Chief Justice mentioned that my query may be very easy and if the reply is sure then say sure and whether it is no then say no. After this, the Chief Justice, whereas chatting with the state authorities, requested what’s your evaluation concerning the present state of affairs. Ought to the election be held, postponed or postponed? The state authorities mentioned it was out of their jurisdiction. The Chief Justice once more requested the query that you’ve got all of the information and we solely wish to know your stand. The query additionally remained difficult as to who decides the date of the election. State Authorities or Election Fee. When each saved shifting the duty on one another, the Chief Justice mentioned that the regulation was made 27 years in the past and even in the present day the state of affairs just isn’t clear. Nonetheless, on behalf of the Election Fee, it was mentioned that the election could be postponed underneath the Digester Administration Act and this authority rests with the state authorities. In response, the Chief Justice reminded him of Article 243ZA of the Structure and mentioned that the Election Fee is an autonomous physique.
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