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Judgment
Heard the parties.
Petitioner has prayed for following relief(s):-
“(i) For the issue of a writ in the nature of writ of Mandamus or any other appropriate writ, order and directions declaring that 'the broad guideline
at SR. No: 10 (17) of the R. No: 1 viz. Document No 324.6 EPS. OT.001.2020 dated August, 2020 (i.e. during the process of identification of voter,
the voter WILL require to lower the face mask for identification, when required) is illegal, offensive, unconstitutional since violative of Article 14,
19(1) and 21 of the Constitution of India and also for wants of Right to compensations to electors (voters) against possible 'loss of life / injury to life'
arising out of Bihar Vidhan Sabha Election-2020 across the state &other parts of India amid COVID-19;
AND
(ii) For the issue of a writ in the nature of writ of Mandamus or any other appropriate writ, order or directions thereby declaring ""Free and fair election
does include allowing every electors to exercise right to vote without any risk of getting infected in the process of election"" amid COVID-19; AND
(iii) For the issue of a writ in the nature of writ of Mandamus or any other appropriate writ, order or directions thereby declare that notifying 'Bihar
Vidhan Sabha Election â€" 2020 & other elections amid COVID-19 without exploring 'possibility to impose president rule in state of Bihar and / or
explore possibility to have 'legislative / ordinance' route to extend due dates of scheduled elections in public interests, is a prima-facie ‘malafide and
arbitrary omissions' on the part of state, therefore petitioner have right to seek 're-consideration of decision to hold such elections across India amid
such pandemic at the risk of life of poor people' since this ought to be 'first and foremost MANIFESTO' for all political parties including R. No. 7 to 11
;OR
(iv) For the issue of a writ in the nature of writ of Mandamus or any other appropriate writ, order or directions thereby direct the R. No. 1 to 6 to
frame a guideline / plan / policy / scheme thereby extend the 'right to ex-gratia compensations / cash less medical heath care viz. COVID-19 patients
to all electors (voters) by expanding scope of ECI's Letter No :464 / I & O / 2020 / EPS dated 20th July, 2020 and Letter No 218/6/2020/EPS dated
22nd July, 2020 R/W Central & State Govt. stand / approach on the issue of right to compensation before Hon'ble Bombay High Court in PIL No: 62
of 2014 is ipso-facto applicable in case of whole election process,
And
(v) Ad-interim / Interim relief may be granted during pendency of this matter;
(a) Be pleased to pass an appropriate writ or order or direction ‘TO STAY' the compliance / execution of said broad guideline of R. No. 1 given at
SR. No: 10 (17) viz. Document No 324.6 EPS. OT.001.2020 dated August, 2020: and / or
(b) As alternative, be pleased to pass an appropriate writ or order or direction, ‘TO STAY' the entire election process of Bihar Vidhan Sabha â€
2020 amid Covid â€" 19 issues & immediate suspected 'threat to life of the people at large in Bihar and also across India, till final disposal of this PIL
on merit; OR
(vi) Any other relief other than prayed above as this Hon'ble Court thinks fit in the given facts and circumstances of the case.â€
Learned counsel for the petitioner, under instructions from the petitioner, seeks permission to withdraw the petition for the same having become
infructuous.
Permission granted.
The present petition stands dismissed as withdrawn.
Interlocutory Application(s), if any, shall sand disposed of.