Calcutta HC expresses displeasure over EC’s implementation of Covid-19 protocols

The Calcutta High Court on Thursday expressed its displeasure with the Election Commission of India’s (ECI) over its enforcement of Covid-19 health protocols during the West Bengal Assembly elections. The Division Bench of Chief Justice T B N Radhakrishnan and Justice Arjit Banerjee stated that the ECI could not fulfill its duties just by issuing circulars and holding meetings on Covid-19 health norms.

The Division Bench further stated that they were not satisfied with the materials presented on record stating that the ECI and its officers on ground in West Bengal had enforced the circulars.

The Division Bench was hearing three Public Interest Litigation (PIL). The PILs expressed concern that the people participating in the ongoing election campaign were not adhering to Covid-19 health protocols which may lead to a sharp spike in Covid-19 cases in the State. The hearing was held through a video conference.

“ We are not satisfied with the materials on record to state that the Election Commission of India and its officers on ground in West Bengal have enforced their circulars,” the Division Bench stated.

Also read: ECI bans physical campaigning in Bengal in view of Covid-19

The Division Bench stated that it was sure that the circulars issued by the ECI are “not merely advisories to be wrapped up by political parties” or those involved in the “political propaganda” or even the public at large.

It also stated that the circulars of the ECI were the “route map and protocol for human behaviour” which includes political parties, their workers, the people and responsible management of officers including police working under the ECI.

“The circulars of the Election Commission of India show the route map and the protocol for human behaviour, meaning thereby the behaviour of the political parties, their workers, the people at large and responsible management by the officers including the police and other forces under the command of the Election Commission of India,” the Division Bench stated.

The High Court instructed the ECI to file an affidavit by Friday.

“We expect learned counsel for the Election Commission of India to return to make submissions with a very short affidavit reflecting on whatever we have stated herein above,” stated the Division Bench. It listed the matter for hearing on Friday considering the urgency of the situation.