Election Euphoria Was On Full Display Over Past Months, Social Distancing-Masks-Sanitizers Lost In Din Of Elections: Kerala High Court

Closing a PIL case where the Court had been directed to issue directions to ensure there were no crowds on the days votes in Kerala Assembly Elections were counted, the Kerala High Court remarked,"The unrestrained euphoria of an inevitable and vital democratic exercise – the local body and state legislature elections - was on full display in the last few months and one can only rue in hindsight that perhaps if we had been collectively a little more careful, the present crisis could have been better contained."On this theme, Justice Devan Ramachandran speaking for the Bench of himself and Dr Kauser Edappagath continued,"The prohylactic SMS (Social distancing-masks-sanitizers) was lost in the din of the elections. There is a general sentiment that we let our guards down but we cannot let it happen again."The Court's observations came after the Court took up for compliance a PIL petition that sought a declaration that effective compliance with COVID protocols on the day votes polled in the Kerala Assembly Elections were counted. The Standing Counsel for the Election Commission and the State Attorney informed the Court that there were no infractions of the Court's directions against crowding on counting day, except for stray incidents.Recording its appreciation for the vigil maintained on counting day, the Bench however orally asked the Election Commission Standing Counsel and the State Attorney whether EC and Government instructions on Covid protocols had been followed during the campaign."The mess we are in is because of the euphoria during the election…Had the flocking and campaigning being regulated, the situation would have been different…We are now in a situation where we have 40000-50000 cases per day...What is point of EC instructions?", the Court vehemently observed.At the tail end of its Order, the Bench observed,"Had there been some discretion at the time the election campaign was conducted, there would be some difference to the situation we are in today...However, we cannot turn the wheel backward and what has happened has happened" The Kerala High Court had, previously, in a strongly-worded order, enjoined the Election Commission of India, District Collectors (District Electoral Officers), and Commissioners/Superintendents of Police to ensure effective compliance with COVID protocols on the day votes polled in the Kerala Assembly Elections are counted. The Division Bench of Justices Devan Ramachandran and MR Anitha had directed, "We are certain that the directives of the Election Commission of India and that of the Government cannot merely rest on paper, as it seemingly were when the election campaigns had been completed. This Court cannot, therefore, afford to allow anything to chance, when our State is in the brink of a precipice." The Court's observations came in response to a writ petition moved by lawyer Dr KP Pradeep who appeared in his case in-person. His petition sought a declaration that all kinds of public and social gatherings, processions or parades in the 'name of election oriented or organisational activities by the political parties' be termed unconstitutional and illegal when COVID-19 protocols are in force. Declaring that the averments presented a compelling public cause, the Court directed strict compliance with all directives issued by the State Government and Election Commission. When the case was first taken, the Court suo motu impleaded the Election Commission and ordered notice to Election Commission's Standing Counsel Deepu Lal Mohan.Click here to download the Order

Election Euphoria Was On Full Display Over Past Months, Social Distancing-Masks-Sanitizers Lost In Din Of Elections: Kerala High Court

Lydia Suzanne Thomas

"...one can only rue in hindsight that perhaps if we had been collectively a little more careful, the present crisis could have been better contained..."

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