A Division Bench of the Kerala High Court on Tuesday declined a plea for a directive to impose a lockdown on counting day in the State in the wake of the surge in COVID-19 cases.
The Bench comprising Justice Ashok Menon and Justice C.S. Dias disposed of the petition seeking a directive to impose a 48-hour lockdown from May 2 in the wake of the restrictions imposed by the State government and the Election Commission on the day of counting.
The court, expressing its satisfaction with the steps taken by the government and the Election Commission, observed that there was nothing to be added to the orders of the State government and the ECI imposing severe restrictions on the day of counting.
As for the plea of the petitioners that necessary action be taken against violators of the restrictions, the Bench observed that no specific order was required in this regard.
The government was at liberty to invoke the Epidemic Diseases (Amendment) Ordinance against such violators.
When the petitions came up for hearing, counsel for the Election Commission of India submitted that it had already issued an order banning victory processions by parties after the counting and declaration of results. The commission’s order had disallowed more than two persons accompanying a winning candidate or his/her authorised representative while receiving the certificate of the election officer concerned.
State attorney K.V. Sohan, appearing for the State government, submitted that an order had been issued after an all-party meeting which stipulated that only election-related counting arrangements, essential and emergency services would be allowed on May 1 and 2.
The officials on election duty, candidates, counting agents and media representatives would be allowed on May 2 at the counting centres. Either the final vaccination certificate after taking two doses of vaccine or a negative RT-PCR test report obtained within 72 hours of the start of counting was mandatory for those at the centres. Moreover, all social, political, cultural, and religious functions had been prohibited until further orders.
