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Quick Summary
The Madras High Court has strongly criticised the Election Commission of India (ECI) for its role in the country's second COVID-19 wave. The court held the ECI singularly responsible for authorising political rallies and failing to enforce safety protocols during election campaigns. Chief Justice Sanjib Banerjee even suggested that ECI officers could face murder charges for their actions. The court has warned that vote counting will be halted if a clear strategy to implement COVID-19 protocols on counting day is not presented.

What is the case

  • The HC chastised the ECI for authorizing political demonstrations during the pandemic and for failing to enforce COVID protocols during election campaigns.
  • The Election Commission of India was slammed by the Madras High Court on Monday for allowing political rallies during the COVID-19 pandemic.
  • "Your institution is singularly responsible for the second wave of COVID-19," a clearly agitated Chief Justice Sanjib Banerjee told the Election Commission's counsel.
  • The Chief Justice went so far as to state, "Your officers should actually be booked on murder charges."
  • Chief justice’s observation

  • Despite court orders, the Commission had failed to follow COVID norms regarding the use of facemasks, sanitisers, and maintaining social distance during election campaigning, according to the Chief Justice.
  • "Did you happen to be on another world when the election rallies took place?" the Chief Justice inquired of the ECI counsel.
  • The Court has warned that if the ECI does not put in place a blueprint of a strategy to ensure that the COVID 19 protocol is followed on the counting day, the counting will be halted.
  • "The importance of public health is paramount, and it is disheartening that constitutional authorities must be reminded of this. Only by surviving will a person be able to enjoy the freedom that a democratic republic guarantees ", added the Chief Justice.
  • "Now is a time of survival and security. Anything that follows after that ", said the Chief Justice
  • The bench, which also included Justice Senthilkumar Ramamoorthy, ordered the Election Commission of India and the Tamil Nadu Chief Electoral Officer to meet with the Health Secretary and devise a strategy to implement the COVID-19 protocol on the day of the counting.

Present situation

  • With only three more rounds of voting left in Bengal's record eight-phase election and all other states have voted, the Election Commission halted roadshows and rallies and restricted public meetings to 500 people last Thursday.
  • Prime Minister Narendra Modi had declared shortly before the election body's order that he was cancelling his campaign visit to Bengal the next day due to a Covid meeting. Bengal Chief Minister Mamata Banerjee questioned why the Election Commission had waited until the Prime Minister's decision to enforce Covid campaigning restrictions.


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