A Division Bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad said that the issue is for lawmakers to decide, and that the Court will not curtail the terms of the assemblies.
The Court was dealing with a Public Interest Litigation (PIL) filed by BJP leader Ashwini Upadhyay. After examining the plea and the prayers sought, the Bench said that the petition was effectively asking the Court to frame law, which was outside its domain.
“It is the domain of the Election Commission. We know our limitations. We are not lawmakers, we ensure compliance of law… We are not going to pass such mandamus,” Chief Justice Sharma said.
The Court also refused to pass any directions regarding conduct of elections on Saturdays, Sundays or holidays, remarking that this too falls under the Election Commission’s domain.