Elections in UP will be postponed! What if elections are postponed?

New Delhi: Omicron, the new variant of the ever-increasing corona in the country, raised everyone’s concern. Omicron cases are increasing by 33 percent in a day. Omicron cases are increasing by 33 percent in a day. So far 415 cases have been confirmed in the country. In such a situation, experts are anticipating a third wave of corona. Legislative assembly elections are to be held in 5 states including Uttar Pradesh early next year. Meanwhile, in view of the threat of Corona, the Allahabad High Court has urged Prime Minister Narendra Modi and the Election Commission to postpone the elections.
On this, Chief Election Commissioner Sushil Chandra said that we will go to UP next week and review the situation there and then take an appropriate decision. A petition has also been filed in the Supreme Court demanding a ban on election rallies and gatherings. At the same time, BJP MP Subramanian Swamy has also expressed the apprehension of postponing the UP elections. In such a situation, it is important to know whether elections can really be postponed. What if elections are postponed?
Whether the elections in other states including UP will be postponed or not will be decided by the Election Commission after review. But it is important to know when and how elections can be postponed. What is the rule regarding this? Let us tell you, in view of Corona last year, the Election Commission postponed the Panchayat elections of many states and the by-elections to the Legislative Assembly and Lok Sabha. The Election Commission is free to conduct elections under Article 324 of the Constitution. Apart from this, in Section 52, 57 and 153 of the Representation Act 1951, it has been said to cancel or postpone the elections.

When can elections be postponed

1. On the death of the candidate
   A special provision has been made in Section 52 of the Representation of the People Act, 1951. Under this, if a candidate dies at any time after 11 am on the last day of filing nomination for the election, then the election on that seat can be postponed. But there are some rules for this too. The election will be postponed only when the candidate’s form is filled correctly. He should not have withdrawn his name from the election. The news of death must have been received before the start of voting. The dying candidate should be from a recognized party. Recognized party means a party which has secured at least six percent of the votes in the last Legislative Assembly or Lok Sabha election.

For example, in the 2018 assembly elections, elections were held in only 199 out of 200 seats in Rajasthan. In Ramgarh seat, the BSP candidate had died before voting, so the elections were held later.

2. In case of riot or natural calamity
   This provision is made in this regard in section 57 of the Representation of the People Act, 1951. If there is violence, riot or natural calamity at the election site, then the election can be postponed. The decision in this regard can be taken by the presiding officer of the polling station. If violence and natural calamity happen on a large scale, that is, in the entire state, then the decision can be taken by the Election Commission. The current situation is just that of a disaster. Crowds cannot gather due to Corona virus. In such a situation, many elections have been pushed forward.

For example, in 2006, the Supreme Court had also given an order regarding such cases. This case was in Kishan Singh Tomar Vs Ahmedabad Municipal Corporation. In this, the court had said that in case of natural calamity or man-made tragedy like riots, elections can be postponed till the situation becomes normal.

3. Election disturbances
   Voting can also be stopped if ballot boxes or voting machines are tampered with at a polling station. However, nowadays in most of the elections, EVMs are used only. Even if the Election Commission feels that the situation at the election site is not good or there is not enough security, the elections can be carried forward or the elections can be canceled. This provision is made in section 58 of the Representation of the People Act, 1951.
4. On misuse of money or giving bribe to voters
   If money is being misused at any place or voters are being bribed, then in such a situation the election can be postponed or canceled. This provision is in Article 324 of the Constitution.
   For example, such as cancellation of elections to the Vellore Lok Sabha seat of Tamil Nadu in the year 2019 or cancellation of the by-election to Radhakrishnanagar assembly seat of Tamil Nadu in the year 2017 due to the seizure of huge amount of cash.