1. W.P.No.10441 of 2021
THE HON'BLE CHIEF JUSTICE
and
SENTHILKUMAR RAMAMOORTHY, J.
(made by the Hon'ble Chief Justice)
Mr.V.Jayaprakash Narayanan, State Government Pleader, takes
notice for the first respondent. Mr.Niranjan Rajagopalan takes notice
for the Election Commission.
2. The petition pertains to the counting of votes at a solitary
assembly constituency, but the larger picture cannot be missed.
3. The petitioner apprehends that at assembly constituency
No.135 in Karur, special measures have to be taken at the time of
counting to maintain Covid protocol since 77 candidates are in the
fray and even though an additional hall has been arranged by the
Election Commission for the purpose of counting, that may not suffice
to accommodate the counting personnel and the agents of 77
candidates.
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2. 4. In the suo motu proceedings pertaining to the Covid situation
initiated by this Court on April 22, 2021, among the directions issued
to the State, some were for appropriate measures to be put in place
in consultation with the Election Commission for counting day on May
2, 2021. Even though the polling was by and large peaceful in this
State on April 6, 2021, it must be observed that the Election
Commission could not ensure that political parties adhered to the
Covid protocol at the time of election campaigns and rallies. Despite
repeated orders of this Court, going on like a broken record at the
foot of almost every order on an election petition, that Covid protocol
ought to be maintained during the campaign time, the significance of
adhering to such protocol may have been lost on the Election
Commission, going by the silence on the part of the Election
Commission as campaigning and rallies were conducted without
distancing norms being maintained and in wanton disregard of the
other requirements of the protocol.
5. In view of the rapid surge in the number of cases on a daily
basis, albeit this State not yet being as badly affected as some other
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3. States, the measures to be adopted at the time of the counting of
votes on May 2, 2021, which is about a week away, should already
have been planned in the light of the grim situation now prevailing.
At no cost should the counting result in being a catalyst for a further
surge, politics or no politics, and whether the counting takes place in
a staggered manner or is deferred. Public health is of paramount
importance and it is distressing that Constitutional authorities have to
be reminded in such regard. It is only when the citizen survives that
he enjoys the other rights that this democratic republic guarantees
unto him. The situation is now one of survival and protection and,
everything else comes thereafter.
6. As far as the Karur constituency is concerned, it is submitted
on behalf of the Election Commission that two halls, one measuring
about 3500 sq.ft and the other measuring in excess of 4000 sq.ft,
have been arranged. Upon the Court’s query whether such spaces
would be adequate if most of the 77 candidates were to engage
agents at the time of counting, the Election Commission claims that
all but two of the independent candidates have indicated that they
would not engage any agents at the time of counting and only seven
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4. out of nine major political parties have confirmed in writing that they
would be appointing agents.
7. In such a scenario, the Election Commission does not expect
that Covid protocol and appropriate measures cannot be taken if
counting is conducted at the two designated halls. The Election
Commission says that six additional counting tables have been
organized so that distancing norms can be maintained.
8. Similar appropriate measures have to be adopted at every
counting centre and it is only upon maintaining regular sanitization,
proper hygienic conditions, mandatory wearing of mask and
adherence to the distance norms, should any counting begin or be
continued. The State Health Secretary and the Director of Public
Health should be consulted by the Election Commission and the Chief
Electoral Officer responsible in the State, to put appropriate measures
in place immediately.
9. The matter will appear on April 30, 2021 to review the
situation when a complete picture as to adequate steps having been
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5. taken at all counting centres should be indicated by the Election
Commission.
10. The petitioner says that since Karur is a sensitive
constituency, additional security measures should be put in place.
The Returning Officer, in consultation with the Chief Electoral Officer
in the State, will ensure that appropriate security measures are put in
place and, if there is any apprehension of trouble or mischief, the
State may be approached in this regard.
11. List on April 30, 2021.
(S.B., CJ.) (S.K.R., J.)
26.04.2021
tar
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6. THE HON'BLE CHIEF JUSTICE
and
SENTHILKUMAR RAMAMOORTHY, J.
(tar)
W.P.No.10441 of 2021
26.04.2021
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