BREAKING : Supreme Court Allows UP Panchayat Elections Counting To Take Place Tomorrow With COVID Safeguards

After a special sitting held on Saturday, the Supreme Court refused to defer the counting of the Uttar Pradesh Panchayat elections, scheduled to take place tomorrow, amid concerns about spread of COVID infection.A division bench comprising Justices AM Khanwilkar and Hrishikesh Roy allowed the counting to take place tomorrow based on the "solemn assurances" given by the Uttar Pradesh State Election Commission that sufficient safeguards have been taken to ensure that COVID protocol is followed at counting centres."We reject the request for deferring the counting by recording the submissions of the SEC that all protocols will be observed in letter and spirit", the bench said in the order.Senior Advocate Aishwarya Bhati, appearing for the State Election Commission, told the bench that a Class 1 Officer of the state government will be assigned to monitor each of the 800 counting centres and will be held accountable for the counting centres. Also, senior IAS officers of the rank of Principal Secretary will be assigned to each district to oversee the adherence of COVID protocol.Bhati also told the bench that CCTV centres are installed in all counting centres, and that the footages will be preserved.The bench was also told that strict curfew will be imposed in areas that will be identified by the concerned authorities in and around counting centres to ensure that only authorised representatives will be able to visit counting centres.The SEC also told the bench that victory rallies by political parties will not be permitted throughout the state of UP. Candidates or their agents can enter the counting centres only if they have an RT-PCR negative result or certificate of having taken two doses of COVID vaccination.The bench recorded the assurances given by the State Election Commission.The bench was hearing a special leave petition challenging an order of the Allahabad High Court, passed on April 7, refusing to defer the local body elections and also a writ petition seeking to defer the counting tomorrow.Advocate Shoeb Alam, appearing for the petitioners, submitted that the counting-centres can turn out to be "beds of infections". The bench was also told that several teachers, who have been assigned counting duty, have expressed apprehensions about performing the duty amid the COVID surge. Alam also told the bench that many teachers who attended the election duty have later succumbed to COVID, and the Allahabad High Court has taken cognizance of the same.The bench said that it was not inclined to interfere with the counting process in the light of the assurances given by the State Election Commission that necessary measures will be taken to apply COVID guidelines. Court-Room Exchange During the hearing, the Bench asked State Election Commission as to the steps that have been taken by them in this regard. ASG Bhati appearing for SEC and the State of UP submitted that the they have circulated a compendium of orders that have been passed by the SEC. The elections are completely over, with the last phase on 29th April. Bench inquired if stock of the day to day situation is being taken and assessment of the current situation being done considering It's an evolving, dynamic situation ASG explained the Court about the tiers of the Panchayat Elections, and took Court through the data for polling and counting for the elections, including the total number of seats, places with nomination has been filed, and uncontested seats. Counting is required only for some 2 lakh seats. ASG further said that two orders have been passed on 29th April, completely in sync and in line with the guidelines of the EC for Assembly Elections which are slated to start on 2nd May. She also reiterates the guidelines such as wearing of masks and social distancing. In response to the Court's query as to temperature is being checked at entry points and and the instructions regarding sanitisation, ASG Bhati informed that not only temperature, the SPO2 is also being checked with an oximeter check. She further added that its already mandated under the Disaster Management Act that crowds should not gather. The area will be sanitised, tables will be kept at distances, and whoever has symptoms will not be allowed. Steps have also been taken to ensure that maximum gap will be there. In response to Court's observation regarding the need to o stagger the seats., ASG said thag they will stagger the timing as to which Gram Panchayat will be counted. The Bench asked ASG if the counting was necessary or if it could be deferred. "Where is that guideline ? This is the first step to be taken. You have to first assess the position. You have to take the decision at the macro level as to whether you have to take it right now or you can defer. Is it necessary to do the counting or you can defer ?" Bench asked ASG submitted that the State has taken the decision to ...

BREAKING : Supreme Court Allows UP Panchayat Elections Counting To Take Place Tomorrow With COVID Safeguards

Radhika Roy

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