Kerala, Madhya Pradesh, Haryana and Gujarat wrote to the election commission to defer the upcoming by-elections to the state assembly, citing rising Covid-19 cases and heavy rains, according to officials familiar with the matter.

Election which were deferred last month, to 56 assembly constituencies and one parliamentary constituency, including the eight are scheduled to be held from September. So far, the Election Commission of India (ECI) has only held elections to some Rajya Sabha seats, and the assembly council of states, where voting is open to specialised electoral colleges rather than the general public.

Across eight states, Tamil Nadu, Assam, UP, MP, Kerala, Gujarat, Haryana and Nagaland the by-polls are to be conducted. A break-up of the same is not available.

The Kerala CEO mentioned, the primary reason for deferring the polls is “heavy rains and floods”. Before writing the letter, he sought feedback from district magistrates in the state, said an EC official, referring to the letter. “The people involved in the relief operations are the same who are likely to be involved in conducting the elections,” said an EC official who asked not to be named. “The deployment of election machinery is a potential hurdle.”

Kerala is suffering with heavy rains, which leads to flooding, and the death toll in the Idukki landslide hit 55 on August 13.

”A detailed report has been attached by Gujarat chief secretary from reputed health associations to apprise the commission of the rising Covid-19 cases in the state,” said The ECI official. He also added that the commission is monitoring the situation closely and will take all reports into account before taking a final call. “The situation is dynamic and changing every day. We will take a call on when to hold the by-polls at an appropriate time.”

According to the Health ministry, Gujarat had 57,421 cases as of August 13, while Madhya Pradesh had 31,239 cases and Haryana, 36,694. The situation across the country is worsening, with over 60,000 cases reported on Thursday.

”The by-polls would have no bearing on the assembly election scheduled to be held in Bihar later this year”, said a second ECI official.

According to Vikram Sampath, a former chief election commissioner, EC will evaluate the situation and take a call. “The rule is that the by-polls have to be held within six months,” said Sampath. “But there is a provision to postpone these polls. The EC holds a consultation with the Law Ministry and can defer them.”

”There is no rule on how long these polls can be deferred, or what reasons can be cited to delay the polls”, Sampath added.

“It is a judgement-based call,” said Sampath. “The commission will have to monitor the severity of the pandemic, and situation on the ground, and decide.”