A Division Bench of the Madras High Court, comprising of Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy in a Writ Petition has observed that Election officials should adhere to COVID guidelines and present a blueprint of how they are going to handle the event with COVID guidelines by April 30, 2021.
“The Court will review the situation when a complete picture as to adequate steps having been taken at all counting centres should be indicated by the Election Commission as the matter will appear on April 30, 2021."
Factual Background
The above observation was made by the Court while dealing with a petition pertaining to the counting of votes at a solitary assembly constituency. The petitioner was of the opinion that at assembly constituency No.135 in Karur, special measures have to be taken at the time of counting- to maintain Covid protocol given the fact that 77 candidates were in the fray and even though an additional hall was arranged by the Election Commission for the purpose of counting, that might not be sufficient to accommodate the counting personnel and the agents of 77 candidates.
Court Reasoning & Judgment
The Court placed reliance on the suo motu proceeding in which Election Commission was directed to ensure COVID protocol but it was witnessed that the Election Commission failed to adhere to these norms and didn’t perform their duty.
The Court reprimanded the Election Commission and expressed that:
“it must be observed that the Election Commission could not ensure that political parties adhered to the Covid protocol at the time of election campaigns and rallies. Despite repeated orders of this Court, going on like a broken record at the foot of almost every order on an election petition, that Covid protocol ought to be maintained during the campaign time, the significance of adhering to such protocol may have been lost on the Election Commission, going by the silence on the part of the Election Commission as campaigning and rallies were conducted without distancing norms being maintained and in wanton disregard of the other requirements of the protocol.”
The Court ordered the officials of the Election Commission to ensure all the appropriate measures to be followed at the vote-counting event which will be held on May 2, 2021. This event should not act as a catalyst in spreading the virus and "appropriate measures have to be adopted at every counting centre and it is only upon maintaining regular sanitization, proper hygienic conditions, mandatory wearing of mask and adherence to the distance norms, should any counting begin or be continued.”
In respect of the petition which deals particularly with Karur Constituency, the Election commission has submitted that:
“Election Commission that two halls, one measuring about 3500 sq.ft and the other measuring in excess of 4000 sq.ft, have been arranged and only seven out of nine major political parties have confirmed in writing that they would be appointing agents”.
The Court added in this context that:
“The Returning Officer, in consultation with the Chief Electoral Officer in the State, will ensure that appropriate security measures are put in place and, if there is any apprehension of trouble or mischief, the State may be approached in this regard.”
Therefore, the bench has listed the matter on April 30, 2021, to review the situation when a complete picture as to adequate steps having been taken at all counting centers should be indicated by the Election Commission.
Case Details
Case: W.P.No.10441 of 2021
Quorum: Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy
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