NEW DELHI: The Supreme Court on Friday stayed the operation of an order passed by the Punjab and Haryana High Court, directing the Election Commission to hold election to the Beas Assembly constituency before February 27 when counting of votes is to take place.

A Bench of Chief Justice K.G. Balakrishnan and Justice R.V. Raveendran stayed the order dated February 22 on a special leave petition filed by the Commission challenging the jurisdiction of the High Court in giving such a direction.

In view of the stay, polls will be held on March 11 as fixed by the Commission.

Taking note of the violence on January 29 in which one person was killed, the Commission adjourned the polling in the constituency to March 11. Congress candidate Jasbir Singh Dimpa moved the High Court for a stay on declaration of election results on February 13 till polling was held and to direct the Commission to hold election on February 24 along with the election for the Valtoha constituency.

Directive to DGP

The High Court, while directing the Commission to hold the election before February 27, asked the Union Government to provide adequate para-military forces for the same. It also directed the Punjab Chief Secretary and the DGP to ensure that the polling was peaceful, free and fair.

Senior counsel K.K. Venugopal said that compelling the Commission to hold the election on February 26 would amount to an interference with the Commission's functions. There were a number of apex court judgments holding that courts should not interfere with holding of elections.

In this case, only the poll process had commenced. He said the election in Beas had to be postponed because of the tense atmosphere and breach of law and order.

Senior counsel Abhishek Singhvi, appearing for the respondent (who was the petitioner before the High Court), said holding of polls in Beas after the counting was completed would influence the voters. There should not be any difficulty in the Commission holding the election on February 26.

The Bench told counsel "there is no scientific basis to show that exit polls influence the voters. Nowadays voters are careful in exercising their franchise" and stayed the High Court order.

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