West Bengal Polls: "Expect Adherence To COVID-19 Protocols On Counting Day From Political Parties, Candidates & Supporters": Calcutta HC

The Calcutta High Court on Friday (April 30) expressed its hope that political parties, their candidates, and the supporters would adhere to the COVID-19 Protocols on counting Day (May 2) keeping in view the COVID-19 pandemic situation.

The Bench of Acting Chief Justice Rajesh Bindal & Justice Arijit Banerjee was presiding over a public interest litigation petition filed with regard to adherence to the COVID-19 protocols at the time of counting of votes and declaration of the results of the West Bengal Assembly Election, 2021.

Appearing before the Court, the counsel for the Election Commission of India referred to the guidelines issued by the Election Commission of India bearing dated April 28, 2021, which are comprehensive in nature.

He submitted that the guidelines need to be adhered to at the place where counting of votes will be done. and that the guidelines also prohibit victory procession after the declaration of results.

However, the counsel for the petitioner submitted that to celebrate the victory of the candidate of a particular party in an area, his supporters may assemble in and around the party office and that there are chances of violation of the COVID protocols. 

In response to this, the Advocate General referred to an order issued by the Ministry of Home Affairs, Government of India, dated April 29, 2021 specifying the directions to be followed for COVID-19 management, which are applicable throughout the country irrespective of any election or not.

It was submitted that the guidelines specified in the said order included a direction that social/political/sports/entertainment /academic /cultural /religious/festival-related and other gatherings and congregations shall be prohibited. 

In view of these submissions, the Court said,

"We hope and expect that the aforesaid guidelines are followed and enforced by the State agencies and also the Election Commission of India, wherever it has the jurisdiction at all places including in and around the offices of all the political parties across the State of West Bengal. We expect adherence of the guidelines by the political parties, their candidates, and the supporters also keeping in view the COVID-19 pandemic situation."

In related news, the Madras High Court on Thursday said that the Election Commission of India, State Government, and the political parties should ensure that the counting day does not become a "super-spreader" event for the COVID19 pandemic.