Will stop counting of votes sans pandemic behaviour blueprint, warns Madras HC

The Madras High Court on Monday lashed out at the Election Commission of India for allowing political rallies during the Covid-19 pandemic and  held the ECI “singularly” responsible for surge in the pandemic in the second wave for which its officials should “probably” be booked under murder charges.

The HC warned that it will stop counting of votes on May 2 unless a blueprint for Covid-safe behaviour is in place.

The bench also directed the ECI that the blueprint must be placed on record before it on April 30, the date posted for the next hearing in the matter.  “The matter will appear on April 30 to review the situation when a complete picture as to adequate steps having been taken will be clear”, the bench said in the order.

A visibly upset Chief Justice Sanjib Banerjee in a terse manner told the Election Commission’s counsel, “Your institution is singularly responsible for the second wave of Covid-19 and it should be booked for murder.”

The Chief Justice also  said that the commission had failed to enforce Covid prevention norms like wearing of facemasks, use of sanitisers and maintaining social distancing during election campaigning, despite court orders.

“Were you on another planet when the election rallies were held?” Chief Justice asked the ECI counsel.

“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’ll be able to enjoy the rights that a democratic republic guarantees,” the Chief Justice noted during the hearing.

“The situation now is of survival and protection. Everything else comes next”, the Chief Justice said.

The bench, also comprising Justice Senthilkumar Ramamoorthy, directed the Election Commission of India and the Tamil Nadu Chief Electoral Officer to hold consultations with the Health Secretary and come up with a plan on following Covid-19 protocol on the counting day.

The court went to the extent of commenting orally, saying, “Your officers should be booked on murder charges probably”.

 When counsel for the EC told the judges that all necessary steps were underway, the bench shot back saying that by allowing the political parties to take out rallies and meetings, it (Commission) had paved the way for the resurgence of the second wave of the deadly virus.

 Elections had been held in Tamil Nadu, Kerala, Assam and West Bengal and Puducherry and the counting will be taken up on May 2.