Is EC empowered to delay Bihar elections due to Covid-19?

The Election Commission of India is an autonomous constitutional authority responsible for administering Union and State election processes in India.
The Constitution of India (Article 324) has vested in the Election Commission of India the superintendence, direction and control of the entire process for conduct of elections to Parliament and Legislature of every State and to the offices of President and Vice-President of India.

Originally the commission had only a Chief Election Commissioner. It currently consists of the Chief Election Commissioner and two Election Commissioners.
The President appoints Chief Election Commissioner and Election Commissioners. They have tenure of six years, or up to the age of 65 years, whichever is earlier.
They enjoy the same status and receive salary and perks as available to Judges of the Supreme Court of India. The Chief Election Commissioner can be removed from office only through impeachment by Parliament.
The Commission has a separate Secretariat at New Delhi, consisting of about 300 officials, in a hierarchical set up.

Political parties are increasingly voicing concerns over holding elections in Bihar amid the COVID pandemic.
The Election Commission is mandated to hold elections at any time within six months before the five-year term of the Lok Sabha or Legislative Assembly expires.
Usually the polls are timed in a way that the new Assembly or Lok Sabha is in place on the day of the dissolution of the outgoing House.
In the case of early dissolution, EC has to ensure, as far as possible, a new Lok Sabha or Assembly is in place within six months of the dissolution.
But the elections in the pandemic COVID situation is becoming a tougher job for ECI.

Under Section 153 of the Representation of the People Act, ECI can “extend the time” for completing an election, but such extension should not go beyond the date of the normal dissolution of the Lok Sabha or the Assembly.
In 1991, the Commission, under this provision read with Article 324 of the Constitution, postponed the ongoing parliamentary elections for three weeks after Rajiv Gandhi’s assassination during his campaign in Tamil Nadu.

Yes, ECI can be done through extraordinary powers under Article 324.
The ECI will have to inform the government about its inability to hold polls on time.
Then the government and the President will then decide the future course — to impose President’s Rule or allow the incumbent Chief Minister to continue for six months.

Representation of People Act provides for the conduct of elections of the Houses of Parliament and to the House or Houses of the Legislature of each State, the qualifications and disqualifications for membership of those Houses, the corrupt practices and other offences at or in connection with such elections and the decision of doubts and disputes arising out of or in connection with such elections.

http://legislative.gov.in/sites/default/files/04_representation%20of%20the%20people%20act%2C%201951.pdf

https://eci.gov.in/about/about-eci/the-functions-electoral-system-of-india-r2/

https://indianexpress.com/article/explained/explained-is-ec-empowered-to-delay-bihar-elections-due-to-covid-19-6501317/

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