The all India surge of the second wave of the Covid-19 pandemic is depressing and devastating with the increasing number of deaths and Covid positive cases. Here, In India, with the announcement of assembly elections in five states by the election authorities by the end of February, election campaigns began in full swing without abiding by the covid protocols. By the mid April, average cases rose to 1,00,000 with around 1500 deaths per day. The question, who could be held responsible for this catastrophe?

A bench headed by the Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy made stinging remarks on the election commission, orally stating that the officers should be booked on the charges of murder and that the instituion is solely responsible for the second wave of covid-19. The court observed that despite strict directions from the court, election campaigns and rallies were conducted in wanton disregard of the requirements of covid protocols and social distancing. Justice Senthilkumar added “ Public health is of paramount importance and it is distressing that constitutional authorities have to be reminded in such regard. It is only when a citizen survives that he'll be able to enjoy the rights that a democratic republic guarantees''.

In the suo motu proceedings initiated by this court on April 22, 2021, the court issued directions and appropriate measures to be followed for the counting day and directed the election commission and chief electoral officer to consult with the health ministry and the Director of Public Health to draft a covid19 protocol for the counting day and submit the same on April 30th.