The Kerala High Court allowed the newly formed Left Democratic Government to organize a physical swearing ceremony in Chandrasekharan Nair Stadium in Thiruvananthapuram on May 20, with limited people and Covid protocol should be followed.
The Division Bench of Kerala High Court comprising of Chief Justice S Manikumar and Justice Shaji P Chaly passed this order and instructed the government to strictly adhere to the Covid protocol.
The Bench also expressed that the Government should minimize the people by not calling relatives and friends of MLA’s and Minister. The Court dismissed the petition filed for cancellation of the ceremony and held that,
“We observe that dignity will not be lost when the swearing-in ceremony is witnessed from home. And not a political function of a party/parties, such function can be conducted, in a dignified manner, even in the absence of many, who are not part and parcel of the performance of the ceremony but only to witness the ceremony.”
The Court passed the following guidelines which should be followed in the Ceremony:
(i) All the Covid protocols/guidelines/circulars/notifications issued on 06.05.20201 and 14.05.2021 have to be adhered to or strictly followed by the State Government while conducting the Swearing-in Ceremony.
(ii) Political parties shall take a decision as to whether all the MLAs are required to be present in the Swearing-in Ceremony.
(iii) The spouses and relatives of all the MLAs, except the designated Ministers are not required to participate in the Swearing-in Ceremony. The ceremony can be viewed from the residence of the respective MLAs.
(iv) Government officials required for the performance/ participation in the ceremony alone shall be permitted.
Background
A PIL was filed in the High Court of Kerala against the physical swear-in ceremony of the Newly Elected Government. The Petitioner called this event a “Super Spreader Event” related to the Covid pandemic. The state of Kerala is witnessing a continuous surge in Covid cases and there was a complete lockdown from 8 May onwards.
Case Details
Case: - WP(C):11315/2021
Petitioner: - CHIKITHSANEETHI
Respondent: - STATE OF KERALA
Counsel for Petitioner: - SRI. ARUL MURALIDHARAN, SMT. VINEETHA VIJAYAN
Judge: THE CHIEF JUSTICE MR.S.MANIKUMAR, JUSTICE SHAJI P.CHALY
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