On Thursday hearing three PILs seeking enforcement of Covid protocol during the elections, a division bench presided by Chief Justice T B N Radhakrishnan while had expressed dissatisfaction with the EC it had also observed that simply issuance of circulars and holding meetings on Covid safety were not enough and sought an affidavit on steps taken to enforce the norms.

The PILs expressed concern that while organisers of the rallies and roadshows were not taking preventive measures the people participating in the ongoing election campaigns were also not adhering to Covid norms and expressed apprehension that this may result in a serious spike in Covid-19 cases in West Bengal, which is currently facing up to a second wave of the pandemic. Two poll candidates have already expired testing positive where four phases of polls are yet to take place.

With holding of massive road shows and mega public meetings the covid situation has considerably worsened in the state. The deteriorating situation has forced the Congress leader Rahul Gandhi to abandon his public meetings. Even the TMC chief Mamata Banerjee had announced to concentrate on small meetings and door to door campaign instead of holding mega rallies and roadshows.

But the BJP and especially the Home Minister Amit Shah had refused to respond to the gestures of Gandhi and Mamata. The BJP was sceptical of cancelling the rallies as this would deprive the party to reach out to the voters just ahead of the final polling.

The TMC argued that clubbing of the phases would provide enough time for the state machinery to intervene more effectively. At present the government machinery is focussed on holding of the election. It has to provide its staff to conduct the election. The state government cannot exercise its authority on the administration as it is under the control of the EC.

Ironically the Election Commission refused to listen to the pleas of the state government. Though it has been trying to put its best efforts it is short of required human resources. Instead of clubbing the phases, the EC took to bizarre measure of reducing the time for campaigning by three hours in view of the renewed crisis. This only underlines the complete administrative bankruptcy. How many lives the EC intends to save by reducing the timeframe by three hours? Whom was it trying to fool? The fact is it has turned itself into a laughing stock. The people have been openly accusing it of working to ensure the victory of the BJP.

The news that the just retired Chief Election Commissioner would be taking over the charge of the Governor of Goa has simply lowered the image of the EC, besides maligning his own image and questioning his integrity as the CEC. People have started questioning the election procedure and process that was followed under his leadership. It is said that BJP government has rewarded him for his efforts to ensure the victory of the BJP in Bengal.

From the beginning the EC has been silencing the parties by saying that was strictly following the election guidelines. Even in the matter of CISF firing in Cooch Behar it refused to entertain peoples’ complain. Instead its police officer put the blame on the local people by accusing them of attacking the police force.

Nevertheless its claim to pursue the rules has been exposed by the High Court which observed; "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. Issuance of circulars and holding of meetings by themselves do not discharge the onerous responsibility of the ECI".

The bench, also comprising Justice Arijit Banerjee, also said it is sure that circulars are not mere advisories. The high court directed the ECI to file an affidavit by Friday listing the steps it has taken and its views on the issues raised by it. In the first 15 days of April, the state registered 49,970 new cases of the contagion and 151 corona fatalities. It is not that the CEC was unaware of the ground realities, it was so obsessed with its one point mission that preferred to ignore the guidelines of the home ministry itself.

The EC has refused to accede to the demand of the opposition to club the rest three phases, it has nor taken pains to under the real reason. Since the political parties have come out with this suggestion obviously they are willing to sacrifice the campaigning time. In a situation like this when hundreds of people are dying every day this time frame could have been waived. Protecting the lives of the people should have got the top most priority. Already two candidates have died, probably EC is waiting for more to die.

The state chief electoral officer Ariz Aftab has asked the political parties to strictly follow the COVID protocol of wearing masks and maintain physical distancing while campaigning for the remaining phases. Does he really think that a crowd of even 500 hundred people would follow this directive? He should be more pragmatic. He can do one thing. He should depute his own staff at every meeting place with 500 masks and sanitiser to distribute amongst the participants. The CEO must set the example.

The CEC holds that the organisers of the public meetings and rallies will be responsible for providing the masks and sanitisers to all attending them at their cost. What will CEC do, in case the organisers refuse to distribute the masks? Will it take some exemplary action?

The CEC instead of having a skewed view of the suggestion must take a hard decision and for protecting the lives of the people and for controlling spread of the pandemic, it must club the last two phases while ensuring democratic rights are upheld. The Commission has banned roadshows, vehicle rallies, and public meetings of over 500 people. But how it plans to do head count? Can CEC assure that only 500 people will attend a meeting addressed by Modi? Though the BJP had said that it would not hold any meeting with more than 500 people, including those addressed by Prime Minister Narendra Modi, can the party leaders guarantee?

The justification of the CEC “We can’t impose a ban on campaigning since people in the state are free to move around even today” is untenable. Elections are being held and obviously the people would move around. It is the moral obligation and responsibility of the Commission to ensure the safety of the people. (IPA Service)