INDIA
The petition filed by lawyer Mohammad Nizam Pasha raised concerns over the extreme heat conditions that would serve a deterrent for the people to come out and vote
The Supreme Court on Monday refused to advance commencement of polling hours to 5 am from the existing 7 am for the last phase of Lok Sabha polls in view of the unprecedented heat wave in parts of the country and the onset of holy month of Ramzan.
The petition filed by lawyer Mohammad Nizam Pasha raised concerns over the extreme heat conditions that would serve a deterrent for the people to come out and vote. Also, he cited how Muslims would be affected in particular due to the strict observance of fasting during the month of Ramzan. As Muslims do not take a drop of water during the period of abstinence, they would be at peril for venturing out to vote during the scorching heat.
The vacation bench of Justices Indira Banerjee and Sanjiv Khanna said, “You have sufficient time to vote between 7 am to 6 pm. Also, we have checked up the temperature. It won’t be that hot at 7 am.” Advocate Pasha who appeared in person to argue claimed that the voter turnout will be affected and this petition is to ensure that more people cast their vote.
The bench observed, “Should we get into this issue when elections are almost over. Only one phase of polling remains for May 19.”
Prior to approaching the Court, the petitioner had moved a representation to the Election Commission but was dissatisfied with the Commission’s handling of the request. Calling it a “mockery” of how the EC dismissed the representation, Pasha said that the concerns ought to be addressed by the Court.
The bench objected to use of such harsh language by the petitioner and said that the EC order sufficiently gave reasons refusing to accept the demand made by the petition.
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