SC says no to victory rallies

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New Delhi, May 1: The Supreme Court on Saturday refused to stay the counting of votes for panchayat polls in Uttar Pradesh and said no victory rallies will be permitted during the counting or after the process is over.
At a special urgent hearing, which took place on a court holiday ahead of the counting beginning on Sunday, a bench comprising Justices A M Khanwilkar and Hrishikesh Roy also asked the State Election Commission to fasten responsibility on gazetted officers for observing COVID-19 protocols at counting centres across the state.
The operating protocol mentioned will be adhered to by all the stake holders as well as duty holders without any exception, the bench said. “We decline to interfere in these petitions and for the same reason also with the fresh writ petition filed before this court, while recording assurance given by state government through counsel as well as the State Election Commission, UP that necessary measures have been put in place in terms of the guidelines issued from time to time, including the recent notifications dated April 29, 2021 and April 30, 2021 issued by the State Election Commission,” the bench said.
It also asked the State Election Commission to make appropriate changes in the notification issued by it on April 29 so that protocol for safety and security is followed.
The bench also noted that the State Election Commission has also agreed to notify the names of people who will be in-charge of the counting centres concerned and who will be made accountable for any lapse regarding compliance of the guidelines and the assurances recorded herein. “That designated official shall be the nodal officer to whom the candidates contesting the election or anyone interested in giving suggestion for improvising the facilities in and around the counting centres can be pursued,” the apex court said.
The bench said government officials, candidates and their agents will have to produce RT-PCR tests to show they are COVID-19 negative before entering the counting centres. “Needless to observe that the norms specified for candidates and authorised representatives of the candidates in notification dated April 19, 2021 to produce RT-PCR or Rapid Antigen Test report or COVID-19 vaccination completion report would also apply to officials deployed or entering at the concerned counting centres as in the case of the candidates and their authorised representatives,” it said.
The top court’s directions came on a plea seeking directions for the observance of COVID-19 protocols during the counting of votes in view of the second wave of the pandemic sweeping the country. The bench also directed the state government to ensure there will be strict curfew in and around the counting centres till the process goes on and that no victory rallies are carried out after the announcement of results.
“It is stated across the bar that additionally strict curfew would be imposed in areas as may be notified by the authorities concerned, in particular, in and around the counting centres and will be continued until the counting process of the counting centre concerned is completed in all respects, including declaration of results.
“That will ensure that only the candidates and their authorised representatives would be able to visit/enter the counting centres and gathering of general public is avoided,” the bench said. (PTI)

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