Election Commission, Higher Courts & Govt. Failed To Fathom Disastrous Consequences Of Permitting Elections Amid Covid19: Allahabad High Court

A Single Bench of Justice Siddhartha has observed that due such short-sightedness, there has been a spike in Covid-19 cases in the State and the deadly virus, which had not reached the village population in its first wave has now spread to the villages.

Earlier, the High Court had pulled up the State Election Commission for death of 135 polling officers in the State due Covid-19, purportedly because the social distancing norms were not followed at counting areas.

Allahabad High Court Issues Show Cause Notice To State Election Commission Over Death Of 135 Panchayat Election Duty Staff Due To Covid19

The High Court had also observed that the State Government had gone complacent in keeping a vigil due to which, it could not protect its citizens from the onslaught of the pandemic in its second wave.

"UP Govt. Went Complacent Due To Weakening Of COVID Virus Impact By End Of 2020, Posterity Will Not Forgive Us If We Let People Die": Allahabad High Court

Now, the High Court has also included the higher court in the list of authorities whose oversight led to the worsening situation across the State (and the nation).

[The Supreme Court had permitted counting of the Uttar Pradesh Panchayat elections amid concerns about spread of COVID infection.]

The Single Bench also noted that when the State Government is already having tough time in controlling the spread of the virus in urban areas, it would be very difficult to conduct the test, detect and treat the village population found suffering from novel corona virus.

"The State lacks preparation and resources for the same at present," it remarked.

The above observations have been made in an anticipatory bail application filed by one Prateek Jain. He had sought pre-arrest on apprehension of death in case he is arrested and put in the prison system.

While allowing his petition, the Single Bench observed that on account of the recent panchayat elections in the State, large number of FIRs have been lodged in the villages. Even otherwise the crime rate in the village is quite high in the State.

"Keeping in view the overall situation of the villages after the Panchayat elections large number of accused persons may be infected and their infection may not have been detected," the Bench noted while allowing the petition.

Case Title: Prateek Jain v. State of UP & Ors.

Click Here To Download Judgment