The Bench of Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy, while hearing a petition raising concerns over whether adequate facilities are in place to ensure Covid-19 protocol during voting, pulled up the Election Commission officials for their gross abuse of pandemic protocol.
Bar & Bench quoted the upset Bench orally observing, “You are the only institution that is responsible for the situation today. No action against political parties taking rallies despite every order of the Court. Your election commission should be put up on murder charges probably!”
The court slammed the EC further and said, “Despite repeated orders of this court going on like a broken record at the foot of at least every election petition entertained that Covid protocol ought to be maintaining during the campaign time the significance of adhering to such protocol may have been lost on the Election Commission going by the puerile silence on the part of the Commission as campaigns and rallies were conducted without distancing norms being maintained and in wanton disregard of the other items of the protocol.”
The Election Commission of India’s counsel, Niranjan Rajagopalan argued that measures are being put in place to ensure safety norms during counting in the Karur constituency where about 77 candidates are contesting the elections. LiveLaw reported that on this Chief Justice Sanjib scathingly remarked, “Were you on another planet when political rallies were being held?”
The High Court reportedly warned the EC that they will stop the counting scheduled on May 2 if they don’t disclose a plan to ensure Covid-19 norms are followed religiously on counting day. LiveLaw quoted the Chief Justice saying, “At no cost can the counting result in a catalyst for a further surge, politics or no politics, and whether the counting takes place in a staggered manner or is deferred. Public health is of paramount importance and it is distressing that constitutional authorities have to be reminded in such regard. It is only when a citizen survives that he will be able to enjoy the rights that a democratic republic guarantees… The situation now is of survival and protection. Everything else comes next.”
In the list of directions issued to the EC, the court also added that the State Health Secretary and Director of Public Health should be consulted by the EC while deciding Covid appropriate behaviour. “Similar appropriate measures have to be adopted at every counting centre and it is upon … regular sanitisation, proper hygienic conditions, the mandatory wearing of masks and adherence to distancing norms should any counting begin or be continued. The State Health Secretary and Director of Public Health should be consulted by the Election Commission and the officer responsible in the State to put appropriate measures in place immediately”, reported Bar & Bench.
The matter will be taken up on April 30.
The order may be read here
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