Ensure That At Every Political Gathering Masks Are Worn By All, Social Distancing Norms Are Maintained: Madras High Court

In a plea seeking directions to Election Commission and the State Government for stopping all election campaign due to the pandemic, the Madras High Court on Monday (22nd March) refused to interfere in view of the fact that assembly elections have been notified. The Bench of Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy was hearing the plea of one A. Jalaudeen, who sought directions to prevent the election campaign in 234 constituencies in the State Assembly Election of Tamil Nadu. The petitioner had forwarded a representation on March 2, 2021 to such effect and complaining that authorities did not give any response to the petitioner or took any action in terms thereof, he moved before the High Court. Hearing his plea, the Court, at the outset, remarked, "It is no doubt a matter of concern that the Covid cases have been rising in the recent days and a second wave appears to be upon us. However, since the assembly elections have been notified and the process is about to be completed by voting on April 6, 2021, it cannot be interfered with at this stage." However, the petition was disposed of by requesting all political parties and candidates, who hold meetings and go campaigning all over the State, to ensure that at every gathering mask are worn by all and that social distancing norms are maintained without exception. The Court also remarked, "It may do well for the Election Commission to send a message in such regard to all candidates and in respect of all gatherings at campaign meetings and the like." In related news, the Madras High Court on Tuesday (23rd March) observed that in an ideal situation, there should be a level playing field where the government functionaries do not use the perks and benefits in the office while they campaign for election purposes. The Bench of Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy was hearing a plea seeking a prohibition on Ministers and the like from campaigning in the elections as they hold public offices, draw a salary from the government and are in a position to exert undue influence. Importantly, the Court had remarked, "A strict Election Commission can, nonetheless, put some guidelines in place, in addition to the existing guidelines indicated in the model code, at least to ensure that the government funds are not brazenly used for campaigning purposes as is usually being indulged in at present." Also, the Dravida Munnetra Kazhagam (DMK) on Wednesday (24th March) moved the Madras High Court with its plea seeking certain directions on the Election Commission to ensure the free and fair conduct of the coming State Assembly Elections. Case title - A. Jalaudeen v. The State [W.P.(MD) No.5766 of 2021] Click here to download the orderRead order

Ensure That At Every Political Gathering Masks Are Worn By All, Social Distancing Norms Are Maintained: Madras High Court

Sparsh Upadhyay

Tags