NE LEGAL BUREAU
KOLKATA, APR 22
The Calcutta High Court on Thursday expressed dissatisfaction with the Election Commission of India over enforcement of COVID-19 health safety norms during the ongoing West Bengal assembly election process, including campaigning.
Hearing three public interest litigations (PILs) seeking enforcement of COVID protocol during the elections, a division bench presided by Chief Justice T B N Radhakrishnan said issuance of circulars and holding meetings on COVID safety were not enough and sought an affidavit by Friday on steps taken to enforce the norms.
The PILs expressed concern that people participating in the ongoing election campaigns were not adhering to COVID norms and expressed apprehension that this may result in a serious spike in COVID -19 cases in West Bengal, which is currently facing up to a second wave of the pandemic.
“We are not satisfied with the materials on record to state that the Election Commission of India and its officers on ground in West Bengal have enforced their circulars,” it said.
The court said that the circulars of the ECI show the route map and the protocol for the political parties, their workers, the people at large and responsible management by the officers including the police and other forces under its command.
“Issuance of circulars and holding of meetings by themselves do not discharge the onerous responsibility of the ECI,” the court observed.
The bench, also comprising Justice Arijit Banerjee, also said it is sure that circulars are not mere advisories. The high court directed the ECI to file an affidavit by Friday listing the steps it has taken and its views on the issues raised by it.
The bench, which heard the PILs through video conference, posted the matter for hearing on Friday in view of the urgency of the situation.
The court had on April 13 directed that in view of a resurgence of COVID -19 pandemic, all health-related guidelines on campaigning for state assembly elections be enforced in the strictest possible manner.
The bench had said that it is in public interest that the administration ensures that all COVID protocols are strictly adhered to by all concerned, including those engaged in election campaigns.
It had also directed that stringent measures be taken against persons who fail, neglect or refuse to obey COVID protocols.
EC bans roadshows, vehicle rallies in WB
The order said the commission has noted “with anguish” that many political parties and candidates are still not adhering to the prescribed safety norms during the public gatherings.
The orders will come into force from 7 pm on Thursday.
