Full Judgment Text
2021:DHC:1262-DB
* IN THE HIGH COURT OF DELHI AT NEW DELHI
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% Date of decision: 8 April, 2021.
+ W.P.(C) 4423/2021
JAGMOHAN SINGH AND ANR. ..... Petitioners
Through: Mr. Jagmohan Singh and Mr. Manjeet
Singh Chugh, petitioners-in-person.
Versus
GOVT. OF NCT OF DELHI ..... Respondent
Through: Mr. Shadan Farasat, Ms. Tanvi and
Ms. Hafsa, Advs.
CORAM:
HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW
HON'BLE MR. JUSTICE AMIT BANSAL
RAJIV SAHAI ENDLAW, J.
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1. The letter/representation dated 7 April, 2021 of the petitioners to
Hon’ble the Chief Justice of this Court has been directed to be registered
and listed as a writ petition and has come up for consideration today.
2. The said letter, with the subject
“Representation for putting on hold the process of elections
of the members of Delhi Sikh Gurudwara Management
Committee being conducted by Govt. of NCT of Delhi in
view of the recent unprecedented spike of corona cases in
the National Capital Territory of Delhi”
states, (i) that the petitioners Jagmohan Singh and Manjeet Singh
Chugh are voters in the Voter List maintained by the Directorate of
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Gurdwara Elections, a body under the respondent Government of National
Capital Territory of Delhi (GNCTD) and responsible for the conduct of
elections of the members of Delhi Sikh Gurdwara Management Committee
(DSGMC), a body constituted under the Delhi Sikh Gurdwara Act, 1971;
(ii) that the elections of the members of DSGMC are conducted once every
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four years; (iii) that on 31 March, 2021, the Directorate of Gurdwara
Elections, GNCTD has issued a notification, for the conduct of the elections
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of the members of DSGMC, on 25 April, 2021; (iv) that the process of
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filing of nominations of the candidates started on 1 April, 2021 and is to
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continue till 7 April, 2021; (v) that the cases of Covid-19 Virus are on the
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rise in Delhi with the numbers doubling every six days; on 28 March,
2021, there were 1881 cases in Delhi and the same have risen to more than
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5000 cases on 6 April, 2021; (vi) that the leading Doctors in the city have
stated on national television, that in case the cases continue to rise at the
same rate, Delhi will have 15000 cases per day; (vii) that the situation is
grim and it is evident that there is no adherence to the Covid-19 norms and
the appropriate behaviour is not being maintained by the population in the
city; (viii) that during the election meetings held by various parties and their
candidates, it has been seen that neither the candidates nor the voters
attending such gatherings/meetings are complying with the Covid-19
appropriate behaviour of masking and social distancing; hundreds of people
are gathering in public meetings and most of those present do not wear any
mask and do not maintain any kind of social distancing; (ix) that it has been
observed in the past, that on the election day, people gather on the polling
booths and also on the counters/tables maintained by the contesting
candidates; (x) that since it is an election pertaining to a particular
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community and not a General Election of any Municipal Corporation or
Assembly, in case any super spreader event occurs, the entire burden shall
be put on the community, bringing a bad name to the community at large;
(xi) that by permitting and conducting the elections at a time when the
Covid-19 cases are on a steep and unprecedented rise, GNCTD is giving
tacit consent to the spread of the virus, as no Guidelines or norms have been
laid down to conduct the elections, so that the Covid-19 virus is put to
minimum risk of spread; (xii) that in the past also, elections of the DSGMC
have not been conducted on time and the existing body has continued
beyond its tenure; similarly, the existing body of DSGMC can continue to
function for another few months, keeping in mind the Covid-19 pandemic
and its high rate of infectivity; and, (xiii) that respondent GNCTD is not
doing its duty, to safeguard the life and health of its citizens. Accordingly,
relief of postponement of the elections of the members of DSGMC has been
sought.
3. The petitioners, along with the petition have filed newspaper
extracts/cuttings including of imposition of night curfew in Delhi as well as
photographs of the events stated to being held in the contest of the ensuing
election.
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4. The petitioners, appearing in person, have contended (a) that on 31
March, 2021, when the elections were announced, percentage of those
infected was 3%, which has since risen to 6% and which quick rise calls for
intervention by this Court; (b) that the said elections are not political but
religious in nature and there is no urgency to hold the same; (c) that in the
past also, a religious community in general had to face the flak owing to
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some of its members having participated in an event which led to super
spread of Covid-19 virus; the petitioners, as members of a minority religious
community, are apprehensive that holding of the elections at this time may
lead to large scale spread of Covid-19 and which would show the Sikh
community in a bad light as another religious community has already
suffered; and, (d) that there are 3.7 lac voters for the subject elections and if
Covid-19/Corona spreads amongst all of them, it is capable of playing
havoc.
5. The counsel for the respondent GNCTD appearing on advance notice
has argued, (i) that once the election process has begun, the same is not to be
interfered with; (ii) that the schedule of the said election has been confirmed
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by the Bench of the Chief Justice of this Court vide order dated 2 March,
2021 in LPA No.303/2020 titled Shiromani Akali Dal (Delhi State) Vs.
Directorate of Gurdwara Elections ; (iii) that the petitioners have concealed
from this Court having earlier filed W.P.(C) No.3685/2021, also seeking
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deferment of elections and which was dismissed vide order dated 23
March, 2021; the present petition is yet another attempt on the part of the
petitioners to have the elections deferred and to perpetuate the existing
body; and, (iv) that the Directorate of Gurudwara Elections, vide
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communication dated 6 April, 2021 to the General Manager, DSGMC and
to the Presidents of (a) Shiromani Akali Dal Delhi, (b) Panthak Sewa Dal
(Regd.), (c) Aam Akali Dal (Regd.), (d) Jag Aasra Guru Ott (JAGO), (e)
Panthik Akali Lehar (Regd.), (f) Sikh Sadbhawna Dal, has directed strict
compliance of Guidelines issued by Delhi Disaster Management Authority
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on 27 March, 2021 and 6 April, 2021; it is thus not as if all measures to
prevent spread of Covid-19 during the elections are not being taken.
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6. We have considered the relief claimed in this petition, in the light of
public interest.
7. We may at the outset state that the number of persons disclosed to be
concerned in the said election are miniscule in comparison to the other
elections due elsewhere in the country and the spread of Covid-19 wherein
is no better than in Delhi. The decision, to hold or not to hold an election or
allow or not to allow a particular event to take place, are matters of policy
and policy matters are best left to the Executive Wing of the Constitution of
India which has the wherewithal to take all relevant factors into
consideration before arriving at a decision in such respect. Once a decision
to hold the election has been taken, the election process begun and not
stopped inspite of rise in the number of infected persons in the city and
normal life permitted to go on in the city save for a few restrictions and once
it is shown that guidelines for ensuring that the holding of election does not
lead to spread of Covid-19 any more than it is already taking place, the
Court would not interfere in such policy matter. The respondent GNCTD as
well as the Central Government is already taking all steps to prevent the
spread of Covid-19, without however restricting day to day life any more
than necessary.
8. As far as the apprehension expressed by the petitioners, of the holding
of elections at this time adding to the spread of Covid-19 and thereby
bringing a bad name to a particular community is concerned, though the
petitioners have contended that the subject elections are not political in
nature but agree that with the passage of time, are no less than a political
election. Besides the general restrictions put in place by the Governments
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and being enforced, each institution is taking its own steps for restricting the
spread of the Covid-19 virus and we are confident that not only will
GNCTD enforce guidelines already issued to prevent spread of virus during
the election, a body as the DSGMC also, will take all possible steps to
ensure that the conduct of elections is not a source of spread of the Covid-19
virus.
9. Merit is also found in the contention of the counsel for the respondent
GNCTD that the petitioners ought to have disclosed the earlier filing of
W.P.(C) No.3685/2021 by them, then seeking deferment of elections till
framing of rules placing a ceiling on the election expenses incurred by the
contesting candidates and which petition, after arguments, was not pressed.
The conduct of the petitioners of seeking deferment of elections in the
earlier petition as well as in the present petition does indeed raise a doubt
that the petitioners are acting at the behest of the existing committee
members who desire to perpetuate their term as members of DSGMC
beyond the stipulated time.
10. There is no merit in the petition.
11. Dismissed.
RAJIV SAHAI ENDLAW, J.
AMIT BANSAL, J.
APRIL 8, 2021
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