MP High Court Rejects Plea Seeking Action Against Election Commission For Conducting Elections In 5 States Violating COVID Norms

Refusing to entertain the plea, the Bench of Chief Justice Mohammad Rafiq and Justice Atul Sreedharan remarked,

"The present dispute in respect of the elections which had taken place in the other States on the specious plea that mere travel of political leaders, party activists or passengers by trains, by air or even by road, to and from, those States would confer territorial jurisdiction of the dispute upon this Court."

The matter before the Court

Apart from seeking actions against the Election Commission of India, the plea also sought action against State Election Commissions for conducting elections for the Legislative Assembly of Damoh (Madhya Pradesh) during the ongoing second wave of Covid-19 by violating the Covid protocol and guidelines.

Directions were also sought for stopping the door-to-door election campaigns and election meetings and gatherings and it was also prayed that the respondents be commanded to take immediate steps to prevent the spread of Coronavirus and take action for its eradication.

Submission of the respondents

Election Commission of India and State Election Commission, MP submitted that insofar as the election in other States was concerned, the said issue would not fall within the territorial jurisdiction of Madhya Pradesh High Court.

Regarding by-election for State Legislative constituency Damoh (Madhya Pradesh), it was submitted that polling had already taken place on 17^th April 2021 and counting shall take place on 02^nd May 2021.

It was further submitted that all other issues with regard to the spread of Coronavirus and steps required to be taken therefore, a detailed order had already been passed by this Court in W.P. No.8914/2020 [In Reference (Suo Motu) vs. Union of India and others) on April 19 and compliance of the directions issued was being monitored by this Court, therefore, the instant writ petition need not be entertained.

Court's order

Refusing to entertain the plea, the Court, however, directed the respondents including Collector, Damoh,

"To ensure that the guidelines of the Central Government as well as the State Government with regard to the Coronavirus for maintaining the norms of social distancing, use of masks and sanitizers shall be strictly adhered to by all those, who take part in the process of counting and that no crowd, at or near the counting centre, shall be allowed to assemble, inasmuch as, no political party or candidate, shall be allowed to carry out any victory procession in the crowd, either on foot or by vehicles rally, and that special care shall be taken to ensure that no such political activity takes place on account of the declaration of the result on the day of counting which may, in any manner, contribute to or have the effect of spreading the Coronavirus."

With this, the writ plea was disposed of with the aforesaid directions.

In related news, the Madras High Court on Monday came down heavily on the Election Commission of India for allowing political rallies during the COVID-19 pandemic.

A visibly upset Chief Justice Sanjib Banerjee told the Election Commission's counsel "Your institution is singularly responsible for the second wave of COVID-19".

Case title - Phool Chand Paliwal and others vs. Union of India and others (W.P. No. 8755/2021)

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