Tuesday Brief

Some interesting development happened in the Madras High Court, where a petition was being heard on 26^th April 21, which was filed by AIADMK leader and Tamilnadu Transport Minister MR Vijayabhaskar seeking directions for the Election Commission to implement strict measures during counting on 2^nd May 21 at his Karur constituency , where 77 candidates have contested.

Coming down heavily on the Election Commission for ‘not stopping political parties’ from violating Covid protocols during their campaign rallies for Assembly polls in four states and  Union Territory over the last month, the Madras High Court said that murder charges should probably be imposed on the panel for being the only institution responsible for the situation that we are in today.

The scathing observations came four days after the Calcutta High Court had censured the EC for not doing enough to ensure that political parties were following appropriate Covid protocols amid the surging second wave. The Madras High Court added “You have been singularly lacking any kind of exercise of authority. You have not taken measures against political parties holding rallies despite every order of this court saying ‘maintain Covid protocol, maintain Covid protocol”. Remarking that the panel has been the most irresponsible over the last few months in not stopping political parties from blatant abuse of Covid 19 protocol, you should be put up on murder charges probably.

The  Bench also directed the EC to prepare a blueprint before 2^nd May on how Covid protocol will be maintained so that the state does not succumb to your idiosyncracies any further, otherwise counting of votes will be stopped.

Later, issuing an interim order on the plea, the court said: “Despite repeated orders of the court, that Covid protocol ought to be maintained during the campaign time, the significance of adhering to such protocols may have been lost on the Election Commission, going by the silence on the part of the Election Commission, as campaigning and rallies were conducted without distancing norms being maintained and in wanton disregard of the other requirements of the protocol.

The court reminded EC that it is all about survival and protection now and that everything else comes next. “Politics or no politics, whether the counting takes place in a staggered manner or deferred, at no cost should the counting of votes on 2^nd May result in being a catalyst to further surge. Public health is of paramount importance, and it is distressing that the Constitutional authorities have to be reminded”.

I was surprised to see this court’s order to EC  and declaring that EC is responsible for the surge in the Covid cases because EC did not carry outa duty in  maintaining the Covid protocol.

Now can someone enlighten me on the following

1. There were no elections in states like Maharashtra, UP, Delhi, and Karnataka, then why there is surge in Covid cases in these states.
2. In my opinion, the law and order is a state subject, and Covid protocol is part of the law and order situation, how then EC is responsible for the surge.
3. EC is not having any law-enforcing agency which could have controlled the people coming to election rallies and maintained the Covid protocol.
4. Whenever the election takes place EC requests from the state and central govt to depute the forces, and some times state shows its inability to provide such forces in the required number saying the state forces are busy in other important law enforcing work.
5. Do state administration listens to EC? In a recent West Bengal election when EC transferred few high-ranking police officers from election-related duties knowing they are biassed towards a particular political party. Then how much chaos state machinery created on this transfer and matter when to court.

In my opinion, the facts are much different than observed by Madras High Court

• Why state administration kept quiet and did not ask EC to put the stop to political campaign rallies. There were having the first-hand knowledge of Covid’s situation in their area.
• Why no political parties’ big leaders asked their candidates to curtail the number of rallies, they could have conducted the campaign through digital media and could have addressed their rallies’ speech through digital media, so that people and their followers who thronged to the rallies get the campaign message.
• No political parties, neither ruling nor any opposition took any initiatives in controlling their supporters or spreading messages about Covid protocol.
• Did any political party asked EC to stop the political rallies in view of the Covid surge. As if a ruling party or any opposition party does not have a responsibility towards their voters/supporters or any citizen of the state.

In my opinion, it was the failure of both EC and state machinery in handling the Covid situation during the election period. Did any leader, while making a speech asked the law enforcing force to oust the people who are not wearing masks or not maintaining the social distance during the rally. No, the political leader will not do such a thing fearing that it will backfire and antagonize their followers. Madras HC never said anything about political leaders or the state’s political machinery and that is very surprising.

Waiting for your views/comments.

Anil Malik

Mumbai, India

27^th April 2021