Lawstreet Journal

"EC, Government Mandates Cannot Merely Rest on Paper": Kerala High Court Calls for Effective Compliance with COVID Norms on Poll Counting Day

Lawstreet Journal 3 May 2021 9:55pm

Image courtesy: Lawstreet Journal Judiciary "EC, Government Mandates Cannot Merely Rest on Paper": Kerala High Court Calls for Effective Compliance with COVID Norms on Poll Counting Day

In a strongly worded order, the Kerala High Court directed 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 in Kerala Assembly Elections are counted. 

Justice Devan Ramachandran  and MR Anitha of the Division Bench ruled, 

"We are certain that the Election commission of India's and the Governments directives cannot be based solely on paper, as they appeared to be when the Election  campaigns were completed. This court cannot, therefore, afford to leave anything to chance at a time when our state is on the verge of Collapse "

The observations came in response to a writ petition filed by a lawyer Dr KP Pradeep, who appeared in person in his case. His Petition asked for a declaration that all types of public and social gathering, processions, or parades of any kind  held inthe name of election-oriented or organizational activities by political parties are unconstitutional a d illegal when COVID-19  Protocols are in effect. 

Declaring that the averments presented a compelling public cause, the Court ordered that all directives issued by the State Government and Election Commission should be strictly followed.

To that end, the Court impleaded the Election Commission on its own motion and issued a notice to the Election Commission's Standing Counsel, Deepu Lal Mohan.

State Attorney K V Sohan stated that the state was fully aware of the situation and that the Election Commission's directives from August last year, as well as its recent order dated… Continue Reading...

Tagged: kerala high court  
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