The Madras High court docket on Tuesday directed that ‘related acceptable measures need to be adopted at each counting heart and it’s only upon sustaining common sanitization, correct hygienic situations, the obligatory carrying of masks and adherence to the space norms, ought to any counting start or be continued.
”The State Health Secretary and the Director of Public Health needs to be consulted by the Election Commission and the Chief Electoral Officer accountable within the State to right away put acceptable measures in place,” the bench directed.
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”While the Commission will adjust to all instructions of the HC, it would appraise all steps already taken by the ECI at no cost, truthful, and protected election to the HC,” the court docket mentioned.
Similar anxieties regarding COVID-19 compliant habits throughout the ongoing elections have been filed by totally different petitioners, which had already been responded to by the ECI with the next authorized and factual positions.
The Election Commission additionally banned all victory processions after counting votes in states the place meeting polls have been held to verify coronavirus unfold.
“Given the surge in COVID-19 cases throughout the country, the Commission has decided to make more stringent provision to be followed during the process of counting …No victory procession after the counting on May 2 shall be permissible,” an order issued by the ballot physique to chief electoral officers of all states and UTs mentioned.
The determination to ban victory processions got here a day after the Madras High Court got here down closely on the ballot panel for failing to implement COVID tips throughout campaigning.
Lambasting the Election Commission for failure to keep up Covid protocol throughout ballot campaigns, the Madras excessive court docket on Monday mentioned that the ECI was liable for the second wave within the nation and that its officers ought to in all probability be tried on homicide prices for permitting political events to carry large rallies with out following Covid-19 norms.
The Court warned that it’s going to cease the relying on May 2 if the EC does not put in place a blueprint of a plan to make sure the next of COVID-19 protocol on the counting day.Â
The election fee has come underneath criticism for its determination to permit political events to wilfully flout Covid-19 protocol by enormous rallies, with most contributors, together with the political leaders unmasked.
Similar anxieties regarding COVID-19 compliant habits throughout the ongoing elections have been filed by totally different petitioners, which had already been responded to by the ECI with the next authorized and factual positions:
(a) Enforcement of COVID 19 measures is the accountability assigned to the State Disaster Management Authority (like lockdown, restriction/curtailment on public gatherings, and so on.) and its Officers underneath the Disaster Management Act, 2005. The State Disaster Management Authority did not cease public gatherings underneath the DM Act 2005 throughout this era. EC directed all to stick to no matter was prescribed and in case of violation to e-book underneath the DM Act 2005. EC repeatedly directed the State/District authorities to implement the extant directions of the NDMA/SDMA.
(b) In 2020, amidst the NDMA/SDMA prescribed lockdown and different enforcement measures underneath the Disaster Management Act, 2005, the Commission accomplished an electoral train in Bihar. The enforcement underneath the 2005 Act must be ensured by the involved SDMA and notified authorities underneath the Act. The Commission has all the time emphasised in its 21.8.2020 and all subsequent directions that the State authorities shall guarantee COVID compliance within the matter of public gatherings and so on. for marketing campaign functions. On no event, the Commission takes over the duty of SDMA for enforcement of COVID-19 directions.
(c) It could be recalled that the Commission reiterated its directions on 26.2.2021 whereas saying the ballot in 5 States/UT together with the State of Tamil Nadu. The marketing campaign ended on 4.4.2021. Fortunately, the second wave of COVID-19 was but to be seen totally by that point. Polling was carried out following all prescribed COVID acceptable measures on 6.4.2021, which witnessed good electoral participation with full compliance of norms by all involved.
*These submissions have been made to totally different High Courts (wherever alternative was afforded to the ECI) and located favor within the orders of those Courts*
(a) Hon’ble High Court Calcutta, taking all these authorized frameworks in view, on 23.4.2021 ordered:
“There is no way for any department or institution of governance to excuse itself from obeying the commands of the Election Commission of India and not complying and cooperating with the Election Commission of India’s directions. This shall be taken as part of the mandatory command of this Court in support of what the Election Commission is carrying forward.”
(b) On 26.4.2021, Hon’ble High Court Madhya Pradesh dismissed a petition for points regarding ballot carried out on 6.4.2021 being infructuous.Â
(c) In an identical matter on COVID precautions throughout the counting, Hon’ble High Court Kerala recorded the measures put in by the EC and directed the State to submit its measures on 27.4.2021. And on 27.4.2021, Hon’ble Court within the counting of votes circumstances expressed that it’s glad with the steps taken by ECI and State Government and noticed that there’s nothing extra to be added within the issues and accordingly closed all writ petitions
The Commission has been frequently interacting with State/UT Chief Secretary and Health Secretary involved and the Chief Electoral Officers to make sure that all COVID-19 measures shall be ensured in any respect counting facilities with out exceptions for relying on 2.5.2021. On 27.4.2021, the Commission has already ordered that:
a. No victory procession after the relying on 2.5.2021 shall be permissible.
b. Not greater than two individuals shall be allowed to accompany the profitable candidate or his/her approved consultant to obtain the certificates of election from the Returning Officer involved.
8. Tamil Nadu State ordered lockdown restrictions given COVID second surge (evaluation of that is within the area of NDMA/SDMA or involved State Govt solely) from 20 April 2021, 16 days after the marketing campaign interval was already over within the State.
