The Supreme Court of India is scheduled to hear a plea on Monday requesting the postponement of by-elections to four Assembly seats in Bihar due to the upcoming week-long Chhath Puja celebrations. The plea, filed by the Jan Suraaj Party on November 10, will be heard by a Bench led by Justices Surya Kant and Ujjal Bhuyan.

Election Commission’s Decision Under Scrutiny

The plea challenges the Election Commission’s decision not to reschedule the Bihar by-polls, especially after it postponed elections in other states such as Uttar Pradesh, Punjab, and Kerala due to social and religious events. The petition argues that, similar to these states, Bihar too faces large-scale religious events, and not deferring the elections could lower voter turnout and impact the democratic process.

The petition claims that deferring the by-elections in Bihar would ensure greater voter participation and would be consistent with the actions taken in other states. It argues that the Election Commission’s failure to delay Bihar’s elections, despite similar conditions, violates the right to equal treatment under Article 14 of the Indian Constitution.

Concerns Over Voter Turnout and Equal Treatment

The plea further highlights that over 40 Chhath Puja organizing committees in Bihar have also petitioned the Election Commission for a postponement, emphasizing the importance of fair treatment in scheduling elections. The petition points out the apparent arbitrariness in the Election Commission’s decision to alter election dates in some states but not in Bihar, where similar socio-religious factors are at play.

It concludes by stressing that the selective handling of deferment requests by the Election Commission undermines natural justice and disregards the petitioner’s right to equal treatment under the law.