Surge in Covid-19 cases: Election Commission moves SC against Madras HC observations

PTI Updated - May 01, 2021 at 09:59 PM.

NEW DELHI, 10/03/2019: A view of Election Commission of India, as the much awaited 2019 Lok Sabha election schedule is being announced by the Election Commission in New Delhi, Chief Election Commissioner Sunil Arora annouced the dates of the Lok Sabha elections and also the assembly elections in four states, Lok Sabha Elections to be held In 7 Phases, in New Delhi on March 10, 2019. Photo: Sushil Kumar Verma / The Hindu

The Election Commission (EC) moved the Supreme Court on Saturday, challenging the critical observations made by the Madras High Court holding it responsible for a surge in Covid-19 cases in the country, saying the remarks were "uncalled for, blatant and disparaging".

A bench of justices D Y Chandrachud and M R Shah would hear the appeal of the poll panel against the orders of the high court on Monday.

The high court had, on April 26, castigated the EC for the surge in Covid-19 cases during the second wave of the pandemic, holding it "singularly" responsible for the spread of the viral disease, called it the "the most irresponsible institution" and even said its officials may be booked under murder charges.

The poll panel allowing political parties to take out rallies and organise meetings had led to the surge in Covid cases, the court had observed.

The EC's appeal against these remarks was trashed by the division bench of the high court on April 30, leading the poll watchdog to approach the top court.

"We have filed an appeal in the Supreme Court against the high court orders," EC's counsel Amit Sharma told PTI.

In its appeal in the apex court, the EC said the high court's remarks were "uncalled for, blatantly disparaging and derogatory".

The division bench of the high court, on April 26, made the stinging observation on a plea moved by Tamil Nadu's Transport Minister M R Vijayabaskar, who was the AIADMK candidate from Karur in the April 6 Assembly polls, seeking a direction to the authorities concerned to ensure a fair counting of votes on May 2 in his constituency by taking effective steps and ensuring proper arrangements while following the Covid-19 protocols.

Since 77 candidates were in the fray in Karur, it would be tough to accommodate their agents in the counting hall. Therefore, it may affect the observance of the protocols, the petitioner had alleged.

When the EC's counsel told the judges that all necessary steps were being taken, the bench shot back, saying by allowing the political parties to take out rallies and organise meetings, it (commission) had paved the way for a resurgence of the deadly virus.

Irked over the submission made by the EC's counsel that all precautionary measures would be taken at the counting centres, the chief justice replied that the poll panel must be "singularly" held responsible for the sudden surge in the number of coronavirus cases in the country.

The bench had even said that EC officials may be booked under murder charges.

"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 will be able to enjoy the rights that a democratic republic guarantees," the bench had said.

Published on May 1, 2021 16:29