High Courts Weekly Roundup [April 26, 2021 To May 2, 2021]

Allahabad High Court 1. Allahabad High Court Issues Show Cause Notice To State Election Commission Over Death Of 135 Panchayat Election Duty Staff Due To Covid19 [In-Re Inhuman Condition At Quarantine Centres…] A Division Bench comprising of Justices Siddhartha Varma and Ajit Kumar took Judicial notice of the death of 135 persons, who were on election duty during Panchayat elections in the State, due to Covid-19. The Court has asked the Election Commission to show cause why action may not be taken against it and its officials for such violations. "It appears that neither the police nor, Election Commission did anything to save the people on election duty from getting infected by this deadly virus," it observed while issuing notice to the UP State Election Commission, Lucknow to explain as to why it failed in checking non-compliance of Covid guidelines during various phases of the panchayat elections. 2. Saket Gokhale Moves Allahabad High Court To Restrain UP Govt From Taking Coercive Action Against Citizens Appealing For Oxygen On Social Media Activist Saket Gokhale has moved the Allahabad High Court seeking to restrain UP Government from taking coercive action against such persons who appeal for Oxygen supply and other medical assistance on social media. He also seeks protection of independent volunteers who are helping Covid-19 patients and their families by collecting information on oxygen and medicine availability on social media platforms including Facebook, Twitter, Instagram, Whatsapp. UP Chief Minister Yogi Adityanath on Sunday asserted at a virtual press meet that there is no shortage of oxygen in any private or public COVID-19 hospital in the State and that action under National Security Act may be taken against people spreading "rumours" on social media. Also Read: 'No One Should Die For Want Of Oxygen': Allahabad High Court Issues Directions For Uninterrupted Supply Latest Update: Don't Clampdown On Citizens' SOS Calls For Medical Help Through Social Media: Supreme Court Warns Of Contempt Action Against States, Police 3. "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 [In-Re Inhuman Condition At Quarantine Centres…] It is now an open secret that government had gone complacent due to weakening of virus impact by the end of 2020 in the state and the government got more involved in other activities including Panchayat elections. Had it been constantly vigilant, it would have prepared itself to face the onslaught of the pandemic in its second wave...Posterity would never forgive us if we remain oblivious to the real public health issues and let the people die for want of adequate health care," remarked a Division Bench comprising of Justices Siddhartha Varma and Ajit Kumar while taking stock of the chaotic situation in the state due to lack of medical and healthcare facilities. It asked the Government to shun the attitude of 'my way or no way' and to take welcome suggestions from all the quarters. It issued a slew of directions to the UP Government to ramp up the currently saturated public health infrastructure and has sought for a blue print in that regard by the next date of hearing on May 3. Also Read: Allahabad High Court Dismisses PIL For Prosecution Of Errant State Officials Whose Alleged Failure Resulted In Massive Covid-19 Deaths Andhra Pradesh High Court 1. Bar Against Hearing Of Election Disputes By Courts U/A 329 Prevails Over High Court's Powers U/A 226 Of Constitution: Andhra Pradesh High Court A Division Bench comprising of Justice Joymalya Bagchi and Justice M. Ganga Rao held that the bar against hearing of election disputes by Courts under Article 329 of the Constitution shall prevail over the High Court's powers to issue writs under Article 226 of the Constitution. Article 329(b) states that elections to the Parliament or to the Legislature of any State shall not be called in question before a Court of Law except by an election petition presented to such authority and in such manner as may be provided for in the law. The observation was made in a writ petition seeking to countermand the polling conducted in the Tirupati District on April 17, on the ground of fraudulent polling and booth capturing. Also Read: Andhra Pradesh High Court Extends Life Of All Interim Orders Till June 30 2. Plea Seeking Stay On State Board's SSC & Intermediate Examinations Amid COVID Surge: AP High Court Asks State To Respond The Bench of Chief Justice Arup Kumar Goswami and Justice C. Praveen Kumar called upon the State Government to respond to a petition filed seeking stay on the conduct of State Board's S.S.C. and Intermediate examinations. It also suo motu impleaded the Andhra Pradesh Board of Secondary Education and the Andhra Pradesh Board of Intermediate Education. ...

High Courts Weekly Roundup [April 26, 2021 To May 2, 2021]

Akshita Saxena

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