[COVID-19] Madras High Court urges political parties, media, public to comply with ECI guidelines for May 2 vote counting day

The Madras High Court on Friday took note of the various measures put in place by the Election Commission of India (ECI) to ensure adherence to COVID-19 safety norms on May 2, when the votes cast in the recently concluded State Legislative Assembly elections will be counted..In its order, the Bench of Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy has further appealed to political parties, the media and the public to adhere to the guidelines issued by the ECI in this regard. .The order passed today in the suo motu case taken up by the Court to monitor the COVID-19 management in Tamil Nadu and Puducherry states, ."The immediate concern is vote counting day on May 2. In view of the guidelines published by the Election Commission of India and the measures put into place...inter alia, restricting movement, entry in counting centres, security in and around counting centres and total lockdown (on May 2)...on that day, it is hoped that political parties, media personnel, and citizens at large adhere to the instructions and the guidelines, follow the norms, and cooperate with the authorities in the greater public interest.".Senior Advocate Rakesh Dwivedi appeared today for the ECI to detail various measures put in place by the Commission in view of the pandemic situation. .After the Court had sought for the ECI's response in a separate case concerning following of COVID-19 protocol in counting booths at Karur, the ECI had also submitted a counter-affidavit on this issue..The ECI informed the Court of the following, among other, measures put in place:A bar on entry inside the counting hall without a negative RT-PCR test taken 48 hours prior or 2 doses of COVID-19 vaccine.No public gathering outside the counting venue during the counting process.Measures to ensure that counting halls are sufficiently big to maintain social distancing and proper ventilation.Disinfection of counting centres before and after counting, sanitisation of the outer boxes of EVM/ VVPAT.Thermal scanning upon entry of persons as well as use of sanitizer, soap, water, PPE Kits for counting agents/candidates.Election officers were also directed to issue a list of permitted agents by 5 in the evening on April 29 so that the number of persons present could be estimated.No victory processions after vote counting and no more than two persons are allowed to accompany a winning candidate or their representative to receive the certification of election from the Returning Officer. .In response to the Court's concerns over crowding by media personnel at counting booths, Advocate General Vijay Narayan also apprised the Court of measures put in place by the State to control the crowd in view of the COVID-19 pandemic. .He told the Court that the guidelines issued include a requirement for the media to carry a negative RT-PCR test report taken 72 hours earlier. Further, the media person should have taken at least one shot of the COVID-19 vaccine, the AG submitted. .Police and security personnel will be stationed to check on the compliance of such measures before people are allowed near the counting venue, the AG added. .While appreciating the measures put in place, the Chief Justice also urged to ECI to maintain their guard. "Assume the worst will happen. Let us be prepared for worst-case scenario," he said. .Adding to the guidelines put in place by the ECI and the State, the Court also directed political parties to refrain from bursting crackers after counting or for as long as the COVID-19 crisis persists. A suggestion to this effect was made by a counsel present at the hearing..In the order passed today, the Court has also emphasised on the role of political leaders in ensuring that the COVID-19 guidelines put in place are adhered to."The role of the political parties cannot be over-emphasized. Leaders of political parties should ensure that the rank and file maintain a degree of discipline and exercise extreme restraint whether in celebration or otherwise. Leaders of political parties should keep rank and file in check, ensure that there is no bursting of crackers or taking out of rallies particularly on the day of counting and till such time that the present grim situation continues. Leaders of political parties are required to take a proactive stand in such regard and lead by example," the order states. .In a separate order, the Court has also disposed of the petition concerning the maintenance of COVID-19 protocol in Karur during vote counting, keeping in view the above measures put in place by the ECI..Senior Advocate Dwivedi was assisted by Advocates Sidhant Kumar, Eklavya Dwivedi, Niranjan Rajagopalan and Prateek Kumar..Read a live account of the hearing today: