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Judgment
Permission to file Special Leave Petition is granted.
The application for impleadment (IA No.57778/2021) is allowed
We have heard learned counsel appearing for the parties.
The Special Leave Petition is directed against the judgment and order dated 07.04.2021 passed by the High Court of Judicature at Allahabad in Public
Interest Litigation (PIL) No. 798 of 2021, whereby the request for deferring the panchayat elections in the State of Uttar Pradesh came to be rejected
by recording the assurance given by the State and the State Election Commission that essential measures (protocol) for safety and security of all
concerned during the campaign and until completion of elections would be adhered to in letter and spirit and as delineated in the guidelines issued by
the State Government, State Election Commission including the Central Government, as the case may be.
After considering the rival submissions, we decline to interfere in these petitions and for the same reason also with the fresh writ petition filed before
this Court, while recording the assurance given by the State Government through learned counsel as well as the State Election Commission, Uttar
Pradesh that necessary measures have been put in place in terms of the guidelines issued from time to time, including the recent Notifications dated
29.04.2021 and 30.04.2021 issued by the State Election Commission.
The operating protocol mentioned therein is being and will be adhered to by all the stake holders as well as duty holders without any exception.
It is stated across the bar that additionally strict curfew would be imposed in areas as may be notified by the concerned authorities, in particular, in and
around the counting centres and will be continued until the counting process of the concerned counting centre is completed in all respects including
declaration of results. That will ensure that only the candidates and their authorized representatives would be able to visit/enter the counting centres
and gathering of general public is avoided.
Besides, no victory rally will be permitted through out the State of Uttar Pradesh after the results are announced or during the counting process is in
progress. This assurance is placed on record.
In addition, it is agreed by learned counsel for the State Election Commission that appropriate changes will be made in the Notification dated
29.04.2021 in Clause 1, namely, in place of ‘or’ ( ), it will be read as ‘and’ ( ), so that both the conditions must be fulfilled by the
candidates and the representatives visiting the counting centres.
We also place on record the undertaking given by the State Election Commission through counsel that the CCTV recording at the designated counting
areas and centres will be done and duly preserved until such time, as the High Court may direct in the proceedings being PIL No. 574 of 2020 pending
before it and listed on 03.05.2021.
The State Election Commission has also agreed to notify the names of persons who will be in-charge of the concerned counting centres and who will
be made accountable for any lapse regarding compliance of the guidelines and the assurances recorded herein, at the given centres. 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 an around the counting centres can be pursued.
Needless to observe that the norms specified for candidates and authorized representatives of the candidates in Notification dated 29.04.2021 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 authorized representatives.
Although, we dispose of these petitions, it will be open to the parties to make application before the High Court in the pending proceedings for further
directions, as may be required from time to time.
Pending applications, if any, stand disposed of.