The Madras High Court on Monday strongly pulled up the Election Commission of India for allowing political rallies even as the country is battling a deadly second wave of COVID-19.

Madras HIgh Court Chief Justice Sanjib Banerjee reprimanded the Election Commission up for failing to ensure COVID-19 norms were followed during rallies, remarking that Election Commission is “singularly responsible” for the second wave of COVID-19.

Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy said public health was of paramount importance and that it was distressing to note that Constitutional authorities had to be reminded of it. Only when a citizen survives, would he/she be able to enjoy the rights that a democratic republic guarantees to him/her, they said.

According to the petitioner, 77 candidates had contested in the constituency and with the Covid-19 guidelines in place due to the Sunday lockdowns, the ECI must make sure the votes polled by each candidate are displayed, announced, and tallied clearly during every round. It should also ensure that the next round of counting is not started without the consent of all agents. He also sought the installation of more closed-circuit television (CCTV) cameras at the counting centre and ensure maximum surveillance.

“This situation now is of survival and protection and everything comes next,” the judges said. They warned the ECI of stalling the counting of votes scheduled for May 2, and ordering postponement of counting to June or July, if a blueprint on the maintenance of COVID-19protocol at the counting centres was not produced before the court by April 30.

The bench hearing the submission orally observed, "Were you on another planet when political rallies were being held?"

"Election Commission Officers should be booked on murder charges probably," the bench stressed.

The High Court has directed the Election Commission to hold a consultation with the State Health Secretary and place on record a plan to enforce COVID-19 protocol on counting day by April 30.