The Supreme Court refused to issue an interim order on Friday on a writ petition for halting the National Assembly (NA) election scheduled for February 7.

Responding to the writ filed by Sima Khan, a single-bench of Justice Anil Kumar Sinha said forming the NA is an important phase of implementing the constitution, which should not be stayed.

Advocate Khan had filed the case arguing that there was no candidacy of Muslims in the NA election, which is against the spirit of the new constitution.

There is not a single candidate from the Muslim community in the election. The petitioner has stated that though Article 42 (1) of the constitution provisions inclusive representation, the parties did not pick Muslim candidates. The apex court reasoned that it was inappropriate to conclude now that the parties would not ensure inclusion while forming the NA.

The upcoming vote is for electing 56 members to the Upper House. The remaining three members are appointed by the President on the government’s recommendation.

The bench, however, decided to continue hearing on the case until final decisions are made. The court also ordered the Election Commission and the government to explain why inclusiveness was not made part of the election process.

The SC would conclude the case after the EC and government agencies come up with their explanation on the matter. The Muslim community has voiced dissatisfaction at the community’s exclusion from the election process.