Circulars during elections mean nothing unless they are implemented: HC to EC - Court seeks fresh affidavit on execution of Covid guidelines during polls

Calcutta High Court: File picture

Tapas Ghosh   |  TT  |  Calcutta   |   23.04.21: Circulars on Covid-19 protocols during elections mean nothing unless they are implemented, a Calcutta High Court bench, headed by the Chief Justice, told the Election Commission of India on Thursday.

The remark came after the commission submitted an affidavit on the implementation of the Covid-19 guidelines during the Assembly election campaigning and at poll booths. 

Not being satisfied with its contents, the bench of Chief Justice Thottathil B. Radhakrishnan and Justice Arijit Banerjee asked the counsel of the poll panel to submit “a very short affidavit” again on Friday.

“In view of the urgency of the situation, we cannot but post these matters as the first item tomorrow,” the bench said.

The court was hearing petitions expressing concern that election campaigns are not adhering to the Covid-19 protocols, risking a serious spike in cases.

“We are unable to reconcile the fact that the Election Commission of India is not able to update us as to what action by way of enforcement of the circulars has been obtained,” the bench said.

“Issuance of circulars and holding of meetings by themselves do not discharge the onerous responsibility of the Election Commission of India and officers under its command in due performance of not only the statutory power and authority under the Representation of People Act, 1950, and the Representation of People Act, 1951, but the confidence that the Indian polity would have on it to carry forward the mechanism of upholding the democracy by use of requisite facilities even in pandemic times like heightened challenge by Covid-19 virus and its variants,” it added.

At an earlier hearing on April 13, the bench had said the district magistrates and the chief electoral officer of Bengal “shall be personally responsible” for ensuring that the Covid guidelines are scrupulously followed by everybody.

While taking note of the Covid-19 guidelines laid down by the Election Commission, the bench had also made it clear that the guidelines need to be implemented by the administration in the strictest possible manner.

But even after that, election campaigns have shown scant regard for the Covid protocols.

In the fifth phase of polling on April 17, polling officials were found seated inside the booth without wearing masks properly. People were standing within an arm’s distance of each other, many did not have masks or wore them on the chin. Gloves provided at the poll booths were disposed of on the road, on the floor or on the ground of the polling station.

On Thursday, the bench did not hide its displeasure.

“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. We are sure that circulars are not merely advisories to be wrapped up by the political parties or those involved in the political propaganda or even the public at large,” the bench said.

Srijib Chakraborty, a counsel for the petitioners, said: “Today, the court made some observations. We expect a concrete order tomorrow.”