The election officer and police superintendent of each poll-bound district should ensure that the number of attendees at meetings and rallies does not exceed the limit set for public gatherings by the state disaster management authority, a bench led by the chief justice of the high court said on Tuesday.

A senior Bengal government official said the state did not have such a cap on the number of people who can attend an outdoor programme.

The court issued the order on two writ petitions clubbed together. The petitions expressed concern that election campaigns are not adhering to the Covid-19 protocols.

The district magistrates and the chief electoral officer of Bengal “shall be personally responsible for ensuring that the Covid guidelines are scrupulously followed by all and sundry,” said the bench of Chief Justice Thottathil B. Radhakrishnan and Justice Arijit Banerjee.

The bench noted that the guidelines laid down by the election commission are in place. “What needs to be done is that the said guidelines need to be implemented in the strictest possible manner. This the administration must do,” said the court.

“Anybody violating Covid-19 norms laid down by the election commission will be liable to be proceeded against as per the provisions of… the Disaster Management Act, 2005, besides legal action under Section 188 of the IPC (disobedience to order duly promulgated by public servant), and other legal provisions as applicable,” said the bench.

Campaign rallies are drawing huge crowds that are rampantly violating social distancing norms. Tweets of “huge turnouts” at rallies are being posted by political parties regularly.

The court expects the leaders on the dais to wear masks. The order says: “The Commission has taken a serious view of the laxity in maintaining the norms, particularly not wearing masks and not keeping social distance by political leaders on dais / stage…. Political parties, leaders, campaigners, candidates, existing or aspiring policy makers are expected to… not only set an example by maintaining social distancing, wearing masks and following prescribed protocols but also by exhorting all the local formations who attend programmes to follow COVID protocols.”

Tuesday’s court order iterated the norms. Some of them are:

⚫A group of five persons including candidates, excluding guards, is allowed in door-to-door campaigns

⚫Public gatherings/rallies may be conducted subject to adherence to extant Covid-19 guidelines.

The district election officer and district superintendent of police should ensure that the number of attendees does not exceed the limit prescribed by the state disaster management authority for public gatherings, the court said.

“If the norms continue to be violated, we will consider moving a contempt of court petition,” said Srijib Chakraborty, counsel for the petitioners.